IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA

ROANOKE DIVISION

MOUNTAIN VALLEY PIPELINE, LLC, )

)
Plaintiff, )
)
)
v. )
)
EASEMENTS TO CONSTRUCT, OPERATE, AND ) Case No. 7:17-cv-492-EKD
MAINTAIN A NATURAL GAS PIPELINE OVER )
TRACTS OF LAND IN GILES COUNTY, CRAIG )
COUNTY, MONTGOMERY COUNTY, ROANOKE )
COUNTY, FRANKLIN COUNTY, AND )
PITTSYLVANIA COUNTY, VIRGINIA, et al. , )
)
)
Defendants.

MOTION FOR SECURE ATTORNEY/CLIENT COMMUNICATIONS

Undersigned counsel represents Theresa Ellen “Red” Terry (“Red”); Theresa Minor

Terry (“Minor”); John Coles Terry III (“Coles”); Frank H. Terry, Jr. (“Frank”); and Elizabeth

Lee Terry (“Liz”), collectively referred to as the “Terry Family,” in the limited capacity of

litigating the contempt motion filed by Mountain Valley Pipeline (“MVP”) on April 20, 2018.

By email, the Court requested a status report from the parties by 11 AM on Monday,

April 23, 2018. Counsel for the Terry Family requests a postponement of the status report

because they have been unable to have adequate consultation with their clients Red and Minor.

As set forth in MVP’s Motion, Red and Minor are currently occupying separate

treehouses located on land owned by the Terry Family for seven generations. At the base of each

treehouse there is a 24-hour-a-day contingent of armed Roanoke County Police (“RCP”),

Virginia State Police (“VSP”) and MVP Security Personnel working in tandem to prevent our

clients’ contact with others, and to prevent the delivery by others of all materials and items to

Red and Minor. The RCP/VSP/MVP security detail requires all others – including landowners

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Coles, Frank and Liz – to remain 50+/- feet from the tree. It is impossible for counsel to engage

in confidential communications with Red and Minor.

Minor possessed a smart phone with a solar charger. Unfortunately she dropped the

charger from the treehouse and the RCP/VSP/MVP contingent refused to return the personal

property to Minor. It is the understanding of counsel that RCP has provided Minor with a “flip-

phone” that is programmed only to communicate with RCP and Minor’s West Virginia counsel

in a potential civil lawsuit. Counsel in this case does not have access to Minor’s phone and are

concerned about the security of a phone supplied by law enforcement who maintains direct

access to the device. The clients are also concerned as to the security and confidentiality of

Red’s phone.

In order to establish secure and confidential attorney/client communications, counsel for

Red and Minor move the Court for entry of an Order allowing counsel to provide a phone

directly to Red and Minor without requiring disclosure of the phone’s number or access to the

phone’s software by the RCP/VSP/MVP security detail. Counsel also moves the Court to allow

attorney/client privileged materials to be transferred between Red, Minor and counsel without

disclosure to or inspection by the RCP/VSP/MVP security detail.

Undersigned counsel has discussed this motion with MVP’s attorney Wade Massie who

said he would respond after receiving the Motion and discussing it with his client.

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 Respectfully submitted,

THERESA ELLEN “RED” TERRY, THERESA

MINOR TERRY, JOHN COLES TERRY III;
FRANK H. TERRY, JR.; AND ELIZABETH
LEE TERRY

By: /s/Thomas J. Bondurant, Jr.

Of Counsel

Thomas J. Bondurant, Jr. (VSB No. 18894)

Justin M. Lugar (VSB No. 77007)
Mia Yugo (pending pro hac vice motion)
GENTRY LOCKE
900 SunTrust Plaza
P.O. Box 40013
Roanoke, Virginia 24022-0013
(540) 983-9300
Fax: (540) 983-9400
Bondurant@gentrylocke.com
jlugar@gentrylocke.com
yugo@gentrylocke.com

Counsel for Defendants

CERTIFICATE OF SERVICE
I hereby certify that on April 23, 2018, I electronically filed the foregoing document with
the Clerk of the Court using the CM/ECF system which will send notification of such filing to all
counsel of record.
By: /s/Thomas J. Bondurant, Jr.
Of Counsel

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 IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

MOUNTAIN VALLEY PIPELINE, LLC, )

)
Plaintiff, )
)
)
v. )
)
EASEMENTS TO CONSTRUCT, OPERATE, AND ) Case No. 7:17-cv-492-EKD
MAINTAIN A NATURAL GAS PIPELINE OVER )
TRACTS OF LAND IN GILES COUNTY, CRAIG )
COUNTY, MONTGOMERY COUNTY, ROANOKE )
COUNTY, FRANKLIN COUNTY, AND )
PITTSYLVANIA COUNTY, VIRGINIA, et al. , )
)
)
Defendants.

ORDER
In accordance with the reasons stated in the Motion For Secure Attorney/Client

Communications, it is an ORDER of this Court that counsel for Theresa Ellen Terry and Theresa

Minor Terry may provide a phone directly to their clients without requiring disclosure of the

phone’s number or access to the phone’s software by the Roanoke County Police, the Virginia

State Police and Mountain Valley Pipeline’s security detail. Counsel and their clients may also

transfer attorney/client privileged materials between them without disclosure to or inspection by

the Roanoke County Police, the Virginia State Police and Mountain Valley Pipeline’s security

detail.

ENTERED this __day of _______________,

2018.

UNITED STATES DISTRICT COURT

JUDGE

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