Case 1:07-cv-11623-DPW Document 35-4 Filed 05/28/2008 Page 2 of 8

Case 1:08-mc-00010-RJL Document 2-2 Filed 01/18/2008 Page 2 of 19

IN THE UNITED STATES DISTRICT COURT FOR TIlE

DISTRICf OF COLUMBIA

FELIPE VIaNI LLUBERES, etaL, )

)
Plaintiffs, )
)
v. ) Civil.ActionNo.1:0S-mc·0001().RJL
)
UNCOMMON PRODUCTIONS, LLC, et~ )
)
Defendants. )
)
)

AFFIDAVIT OF scorr KUOK

I. Scott Kucik, do hereby swear and affirm under the penalties of peljwythat the following
information is based on mypersonal knowledge. that I am competent to so testify, and that it is
both true and correct.

1. I grew up here in Washington, D.C. and gaduated from Gonzaga. O>llege High
School in 1984.

2. In 1989. I graduated from The Cttholic University of America, earning my degree in

English literature.

3. I am manied, and mywife and I have a four-month old daughter. We are of the
Catholic faith.

4. I have been employed as a process serVer aDd as aManager at Qpito] Process

Services ("Capitol") for approximatelyren years.

5. I have personally setVed p~ss for approximately ten yeats. many here in the
District of Columbia. I also supervise approximatelyren to fiftfen process selVel'S at Capitol,

ensuring that the applicable rules and procedures are followed. I aho have served process on behalf
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of manystate and federal COUItS, including this Honorable Coort on manyoccasions. On no

occasion has anyCourt or a.rbitml bodydetermined that any AffJdavit of Service I signed was in any

way.iIJaccurate or incorrect.

6. As set forth below, on Wednesday, November 14, 2007 at 5:02 pm. I pe1'Sonally

setVed Father Onistopher Hartleywitb a Subpoena tiutr5 ttmm (the "Subpoena"), a true and conect

copy of which is attached hereto as Emoit 1

7. Benjamin G. O1ew of Patton Boggs UP, one of the counsel for plaintiffs in the

above-captioned matter, first contacted me about serving Fr. Hartleyon or about Tuesday,
November 13.

8. Mr. 0Jew explained to me that, given that the pel'SOn to be served was a Catholic
priest, he wanted the service to be effected in the most sensitive, unobtrusive and respectful way
possible. Indeed, given the sensitivityof the assignment, Mr. Chew asked that either David Fe~r, .
Capitol's owner, or r. peISonaByeffect the service on Fr. Hartley.

9. After I told Mr. O1ew that I would handle the service of Father Hartley, Pe
explained that Fr. Hartleywould be appearing at a Congressional hearing the o.ext ~y, ai?4t.hat:I
should meet him there for hmch to discuss the particulm.
..
10. The next day I met Mr. Chew and his colleague NJgel L. Wilkinson for·lunch at a
restaurant on Capitol Hill

. 11. At lunch, Mr. O1ewapprised me that the three of us were to attend the hearing but,

to avoid eIIlbamssment to Fr. Hutley, I was not to serve him with the Subpoena. Wltilhe ~.out of

the building and away from any crowd. :Mr. 01ew ako provided me $40 in cash, wPich he di(ecred
~ to serve on Fr. Hartleyas the requisite witness fee along with the Subpoena.

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12. After the lunch I attended the hearing, sitting next to Mr. Chew. Mr. Wtlkinson sat
in anomer part of the room. Fr. Hartley spoke at great length, meittioning the VJCini family many

times. Mr. Chew and I both brought cell phones to the hearing.

13. At my direction. Ambiko Guice of Capitol was parked in a vehicle outside.

14. I planned that, after the hearing, Mr. Guice and I would follow Fr. Hartley and seNe

him in a quiet and respectful manner.

15. At the end of the hearing I sepamted from Mr. <llew and waited for Fr. Hartleyto

emerge from the hearing room.

16. After a few minutes Fr. Hanleycame into the hall and entered the. elevator with an :
African American male who was approximar.ely6'3", 240 pounds, and appeared to heiri his: .: .. !

forties/fifties with close-cropped hair (the "Third Party").

17. I entered the eIevatorwithFr. Ha.rt1eyand the ThiJdParty. Fr. Ha.rt1eyand the

Third Partyspoke to each other in what appeared to be a familiar manner.

18. Fr. Han:leyand the Third Party exited the elevators and pro~ded d~~:a fligl¢ of
stairs 31riYing at the entrance of Independence Avenue, as did I. .' .

19. All three of us exited the building.

20. Per myinstmetiODS, Mr. Guice was parked in front of the building.
21. Fr. Hartleyand the ThUd Partybegan walking toward lot andIndependence Avenue.

22. I followed Fr. H.utleyand the ThUd Patty, staying at a distance .of abow; ~~30, ~
behiqd them. .... : .! .::. .- . . -- .

·23. Mr. Guice was unable to move his vehicle because it was stuck in traffic.
24. I became concerned that Fr. Hartley and the 'Ihini PaItrwould hail a ~ ~h
would. mycontinued following of them.difficuIt or impossible. AccoIdiDgly, I called Mr.
. . ..
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O1eW on my cell phone for instructions. Mr. <ltew asked me to please proceed to serve the'
Subpoena on Fr. Hartley.

25. At that time, Fr. Hu.tleyand the Third Partywere walkiDg at aleisure1ypace.

Having concluded my brief telephone convexsation with Mr. O1ew, I quickened mypace, and, at the
intersection of 1R and Independence Avenue, I closed the distance, aniving behind the twO waiting
for the stoplight to change.

26. As I approached within a few feet of Fr. Hardeyand the Third Patty, I addressed Fr.
Hartley by speaking his name.

27. Fr. Hartleytumed toward me, and I took an additional few steps ~ that I was with
Fr. Hattleyand the Third Party (that is, within approximately two fee~.
28., I told Fr. Hartley that I was serving him with a witcess,sub~ • hplditig the

Su\>poena out toward him so that he could read it while I was serving him.
~9. Fr. Hutleytwned his backto me without taking the Subpoena in. his,~~,
30. I then requested that Fr. Hartleyplease take the Subpoena in his hand so that I
w~uld not have to leave it at his feet. As he ignored me, I continued to plead with him in a
, defe~tial and apologetic manner for him to take the Subpoena. , , '

31. When Fr. Hartley failed to respond, I laid the Subpoena at IUs ,feet. I ~ th.e ".
wit:pess fee in my hand because I did not want to put the cash on the groUnd. -,
....
. '

32. The light changed, after which Fr. HMtleyand the ThiniP~cro$S~d.,the ~~.: "
After crossing the street, Fr. Hattleyand the Third Party continued to walk not immediateir hailing'

any taxi ", " . ". ': ......." , "

~= o. _:.-:. •

33., I did not pumJe Fr. Hattleyacross the street be~e I bad a1read:y~service. :' ,

.... : :....•':" ..1.:.

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. .
:: "
34. I called Mr. O1ew from the scene on my cell phone, informing hiiritbitThad""

effected service on Fr. Hartley, but that Fr. Hartley had refused to take the Subpoena, requiring me

to leave the Subpoena at Fr. HartleYs feet.

35. .After completing my telephone conversation with Mr. Chew,l waited at the place I
served Fr. Hartley for approximately ten minutes. At that point, when it was clear that Fr. Hartley

would not be returning to retrieve the Subpoena, I picked it up, so as to avoid someone else picking
it up, which might have embamssed Fr. Hattley. I later returned the Subpoena to Mr. O1ew.

. 36. On November 15, 2007, I executed an Affidavit of Service, a true and correct copy

of which is attached as Exhibit 2.

37. Mr. Clew recently provided me a copy of Fr. Hanleys MotiOn to Qlash Non-Party
Subpoena, including the Declaration of Father Ouistopher Hartley aan~~? 4OQ8} (~~: ':..;' .
pecJara.tion").

38. . 'P~ph 9 of the Hartley Declaration reads as follows:

"During the afternoon of November 14, 2007, while accompani~4;1hy. ,'" ":
a reporter from ~,Joe Johns, I did hear an individual call out my .
name as I crossed an interseetton near the United S~. Capitol, . ' ..
building in the District of Columbia. HOwever, I did not see the . ,. .
individual The individual did not hand me anydoCUQ1eDtS.or ,.", ',,:-: <i;!:~";"'-::'. . .. :.
attemptto band me any documents." .....':
~. _.,
: :.... The Hartley Declaration is inaCCUIate in sevenll reSpects: ....\,' . . .. :.. c· '.':.'

. a) First, I did not call out his name as he crossed the intersection.. ~r. I approaChed
and. adm'essed him respeetfullyas he and the ThUd Party waited at the. light.
. b) Second, Fr. Hutleyturned toward me and velYd.efmitely~w~ ~.l.:~~~ ':' .
.' to ~ dUring which time I was within onlyabout two feet of him. . .. ." .... '.'
'cf Third, he saw me hold out the Subpoena to him' . ' . '.. i,. ;,,; :;~'!';':'.,;.;~:;..: :,': ..... , < •

. .'. 'd) .' Founh, not only did I attempt to hand him the Subpoena, but alSo, 'When Fr. ~y .
tumed~ back to me to avoid the Subpoena, I asked him e:xplicitlyto take the Subpoena in his·
hand so that I would not have to leave it at his feet. . .

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District of O>lumbia: 55

Subscnbed and sworn to before me this IlPt hday of JCl hlA~ r~ .2008.

NiooioG.o.b 0U~~1M
Notary Public. District of Colum ia
My Commission Expires: My COmmission &pires 01-14-2009

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