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Case 3:12-cv-30051-MAP Document 143 Filed 04/09/15 Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
SPRINGFIELD DIVISION

SEXUAL MINORITIES UGANDA,
Plaintiff,
CIVIL ACTION
v.
NO. 3-12-CV-30051-MAP
SCOTT LIVELY, individually and as President of
Abiding Truth Ministries,
Defendant.
DECLARATION OF JOSHUA COLANGELO-BRYAN IN SUPPORT OF
PLAINTIFF’S MOTION FOR ISSUANCE OF A SUBPOENA PURSUANT
TO 28 U.S.C. SECTION 1783(a)
I, JOSHUA COLANGELO-BRYAN, declare and state as follows:
1.

I am Of Counsel with the law firm of Dorsey & Whitney LLP, counsel to Plaintiff

Sexual Minorities Uganda (“Plaintiff”) in the above-captioned case and submit this declaration in
support of Plaintiff’s Motion for Issuance of a Subpoena Pursuant to 28 U.S.C. § 1783(a) (the
“Motion”). I make this declaration upon personal knowledge, except where indicated.
2.

The Motion seeks an order from the Court issuing a subpoena for the deposition

of Martin Ssempa and for the production of documents from Mr. Ssempa, a key witness in this
action who is currently located in Uganda.
3.

A true and correct copy of Mr. Ssempa’s Nevada voter registration application,

dated July 6, 2012, is attached hereto as Exhibit A.
4.

Beginning in December 2014, I repeatedly attempted to contact Mr. Ssempa on

the telephone. I had no success reaching Mr. Ssempa until January 6, 2015. On that day, I spoke
with Mr. Ssempa briefly by telephone and explained that I represented Plaintiff in the above-

Case 3:12-cv-30051-MAP Document 143 Filed 04/09/15 Page 2 of 3

captioned action and mentioned that I wanted to speak regarding the possibility of deposing him.
Mr. Ssempa stated that he was not available to speak at that time, but that I could contact him
again.
5.

Since the conversation on January 6, 2015, I have attempted to contact Mr.

Ssempa multiple times on the telephone without success.
6.

On March 20, 2015, I sent a letter to Mr. Ssempa via email (the “March 20

Letter”). A true and correct copy of the March 20 Letter is attached hereto as Exhibit B.
7.

In the March 20 Letter, I stated I wished to discuss the possibility of Mr.

Ssempa’s appearing voluntarily for a deposition in New York or in another location in the United
States. I also stated that Plaintiff would cover Mr. Ssempa’s travel expenses in full if he came to
the United States to be deposed. I further raised the possibility of deposing Mr. Ssempa in a
location outside the United States that would be more convenient to him if he were in Uganda.
8.

Mr. Ssempa has not responded to the March 20 Letter.

9.

Counsel for Defendant Scott Lively has informed me that he will not take any

steps to attempt and arrange for Mr. Ssempa to appear voluntarily for a deposition. A true and
correct copy of my correspondence with counsel is attached hereto as Exhibit C.
10.

On March 27, 2015, Plaintiff attempted to serve a subpoena duces tecum and

subpoena ad testificandum (the “Ssempa Subpoenas”) on Mr. Ssempa personally at the Nevada
address listed on Exhibit A hereto, i.e., his voter registration application. The individual serving
the Ssempa Subpoenas spoke with a man who stated that he was Mr. Ssempa’s father-in-law.
That individual stated further that Mr. Ssempa was in Uganda and that he did not know when or
if Mr. Ssempa planned to return to the United States. A true and correct copy of the Affidavit of
Attempted Service of the Ssempa Subpoenas is attached hereto as Exhibit D.

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Case 3:12-cv-30051-MAP Document 143 Filed 04/09/15 Page 3 of 3

I declare under the penalty of perjury that the foregoing is true and correct.
Executed on April 9, 2015 at New York, New York.

_/s/ Joshua Colangelo-Bryan___________
JOSHUA COLANGELO-BRYAN

3

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Case 3:12-cv-30051-MAP Document 143-1 Filed 04109/15 Page 1 of 2

Exhibit A

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d',

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Case 3:12-CV-36ogf~V9)cfJYAJrn.6q~~LLf~ed 04/<ftj"',l:I'~ne 2 ·of 2
STATE OF ~r=vA.DA

,

VOTER REGISTRATION APPLICATION
.

BOX 4 - HOME ADDRESS Your home address Is the street
address assigned to the location at which you actually reside.
If you reside at a location that has not been assigned a street
address, a description of the location at which you actually reside
must be provided. A business address can only be provided if
you actually reside there. A P.O. Box cannot be listed as a home
address.

¥.)o ortty

JUL 1 1 2m2

• APP ICATION NO.

KA61 023

any of these three forms of
, e contact your County Clerkl
Registrar to be assigned a unique identifier. Whether a first time regislrant or
not, you may be required to show identification when you vote.
BOX 10 • PARTY REGISTBATIOtj Marl< your choice of a qualified party,
"Nonpartisan" or "Other." If you mark "Other: you may print the name of
an unlisted political party. If you register with a minor political party or as a
nonpartisan, you will receive a nonpartisan ballot for the Primary Election.

BOX 8 • IDI;NTlflCATION REQUIREMENTS Federal and state
law require you to provide your NV drfver's license or NV ID BOX 13 • ASSISTING IN THE COMPLETION OF THIS FORM If you afe
number. If you do not have either, you must provide the last 4 assisting a person to register to vote. you must complete Box 13. FAILURE
digits of your social security number (SSN). If you do not have
TO DO SO IS A FELONY.

SEE BACK OF FORM FOR VOTER REGISTRATION DEADLINES

FEDERAL LAW REQUIRES CLARK COUNTY TO PROVIDE ELEC"nON MATERIALS IN THREE LANGUAGES
CHECK the language in which you want your election materials printed by checking a box below:

o ENGLISH

USE SLACK INK -

.

0

0

FILIPINO (TAGALOG)

SPANISH

WARNING: GIVING FALSE INFORMATION IS A FELONY
AND INCLUDeS A CIVIL PENALTY OF UP TO $20,000.
DYes
ONo
2

PLEASE PRINT CLEARLY

1 Are you a citizen ofthe United States of America?

Will you be 18 years of age on or before Bection Day?
Dyes
DNa
If you checked "00" in response to either of these questions, do not complete this form.

3

last Name (Only)

4

Home StreetAddress (No P.O. BoxiBusiness Address. See Instructions). Apt.#

5

Mailing Address-If different from above. (Post Office Box or Mail Service Address)

7

Place of Birth (Slate or Country)

First Name (Only)

J'v\ fr(Lr ,rJ

..s. s. IQr\/\ Pit~

~~~\

Dv("\rhee
8

o Democratic Party
o Republican PaTty

o Americans Elect PaTty
o Independent American Party
D

Ubertarian Party

o

Other Political party - Write In Below

~1!1.'''''-''')
12

CORRECT COP'(

City

State

S'i!l!
Zip Code

NV Driver's License or NV ID Card Number (If neither, last 4 digits of your SSN)

party Registratioo-Cl1ecl<;0!1yOne Box

TRUE

State

LAS'V-6t¥t1 J\N

V (Stz1 frJe

tJ~OA10

City

Zip Code

6 _f,';Z~
9

Telephone No. (Opt)

_
11

"I swear or affirm. I am a U.S. citizen. I will be at least 18 years old by the date of
the next election. I will have continuously resided in Nevada at Jeast 30 days in my
county and at least 10 days in my precinct before the next election • The present
address listed herein is my sole legal place of residence and I daim no other place
as my legal residence. I am not laboring under any felony conviction or other loss
of civil rights that would make it unlawful for me to vote. I declare under penalty of
pe~ury that the foregoing is true and correct."

SIGNATURE OF APPLICANT REQUIRED

~~

()IiI~ddress where yoo were last registered

..

.DATE REQUIRED.

D.l!0£, tf2.

.

to vote.

(Name Used, Street, Apt. II, City, Slate & Zip Code of Former Residence)

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Exhibit B

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Exhibit C

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Case 3:12-cv-30051-MAP Document 143-4 Filed 04/09/15 Page 1 of 2

Exhibit D

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