Case 2:22-cv-02052-MAA Document 110 Filed 07/31/23 Page 1 of 8 Page ID #:4028

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nne
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27 Grand Rio Cir, Sacramento CA 95826

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
cfilerdesign@gmail.com

12
Chelsea Papciak

(916) 806-8645

13
BREAKING CODE SILENCE, a Case No. 2:22-cv-002052-SB-MAA
14 California 501(c)(3) nonprofit,

15 Plaintiff, NOTICE OF REQUEST TO

GRANT IN PART AND DENY
16 vs. IN PART AS MOOT THE
17 KATHERINE MCNAMARA, an MOTION AND MOTION TO
Individual; JEREMY WHITELEY, an QUASH AMENDED NOTICE OF
18 individual; and DOES 1 through 50, DEPOSITION SUBPOENA OF
inclusive,
19 CHELSEA PAPCIAK a.k.a.
Defendants. CHELSEA FILER AND
20 REQUEST FOR PRODUCTION
21 OF DOCUMENTS
22 Dear Clerk of the Court,

23 PLEASE TAKE NOTICE that Chelsea Papciak (the "Deponent" ) hereby

24 requests this court to consider granting in part and denying in part as moot
25 her motion to quash the AMENDED NOTICE OF DEPOSITION OF
26 CHELSEA PAPCIAK a.k.a. CHELSEA FILER AND REQUEST FOR
27 PRODUCTION OF DOCUMENTS (the "Notice") served on CHELSEA
28 PAPCIAK by KATHERINE McNAMARA and JEREMY WHITELEY.

NOTICE OF REQUEST TO GRANT IN PART AND DENY IN PART AS MOOT THE

MOTION AND MOTION TO QUASH AMENDED NOTICE OF DEPOSITION SUBPOENA
 Case 2:22-cv-02052-MAA Document 110 Filed 07/31/23 Page 2 of 8 Page ID #:4029

1 On 4/18/23, Chelsea Papciak received a subpoena from Defendant KATHERINE

2 McNAMARA (hereafter referred to as "Ms. McNamara") summoning her for
3 deposition and demanding the production of a substantial volume of documents. In
4 response, on 5/30/23, Ms. Papciak filed a Motion to Quash the subpoena,
5 arguing that the requested documents were protected materials and their production
6 would impose an undue burden on the deponent. The Motion to Quash was
7 brought before the Honorable Judge Audero, who subsequently presided over an
8 informal discovery conference held on 6/14/23. During the conference, partial
9 agreement was reached on certain requests, while other requests remained a point of
10 contention. Ultimately, it was mutually agreed that Ms. Papciak would provide the
27 Grand Rio Cir, Sacramento CA 95826

11 documents deemed reasonable and participate in the deposition. On 7/18/23, Ms.

cfilerdesign@gmail.com

12 Papciak fulfilled her obligations and was subsequently discharged, as

Chelsea Papciak

(916) 806-8645

13 acknowledged by the defense counsel [Exhibit A] in their email to this court's

14 chambers on 7/31/23.
15 Ms. Papciak respectfully requests the court to consider the significant burden
16 imposed on her during this process and, in light of this, grant her Motion to Quash in
17 part. Specifically, she seeks relief from any additional discovery requests,
18 new subpoenas or depositions and urges the court to impose sanctions as a
19 means of redress and a deterrent against the misuse of the discovery process.
20

21 As grounds for this request, Chelsea Papciak argues as follows:

22 1. The subpoena was unnecessary, as the majority, if not all, of the
23 relevant documents had already been provided by the plaintiff in accordance
24 with the stipulated Electronically Stored Information (ESI) Plan mutually agreed
25 upon by the parties to this case. As a non-party witness who was not identified as
26 a potential witness in the initial disclosures, Ms. Papciak asserts that it was
27 not her responsibility to aid in the discovery process, and she was subjected to an
28 intrusive, expensive, and burdensome procedure that served no legitimate purpose.

2
NOTICE OF REQUEST TO GRANT IN PART AND DENY IN PART AS MOOT THE
MOTION AND MOTION TO QUASH AMENDED NOTICE OF DEPOSITION SUBPOENA
 Case 2:22-cv-02052-MAA Document 110 Filed 07/31/23 Page 3 of 8 Page ID #:4030

1 2. The subpoena imposed an unduly burdensome obligation upon her

2 compliance. The prolonged and extensive process, lasting over three months,

3 entailing 120 hours of engagement, conferences, numerous phone calls, along with

4 100 emails and the collection of over 5 gigabytes of data, coupled with the need to

5 file this motion to quash, inflicted substantial hardship upon her without any

6 reasonable compensation.

7 3. This subpoena was an attempt to improperly conduct ESI, as it

8 circumvents the agreed-upon ESI Plan with the plaintiff and instead imposes an

9 onerous burden on a non-party witness lacking access to legal representation

10 or adequate ESI collection resources. Ms. Papciak proactively proposed an ESI

27 Grand Rio Cir, Sacramento CA 95826

11 Plan, which was rejected by the defense counsel. Furthermore, the deponent sought
cfilerdesign@gmail.com

12 the use of appropriate third-party ESI collection and processing, a request that was
Chelsea Papciak

(916) 806-8645

13 similarly declined by the defense counsel. Such actions raise concerns about the

14 propriety of the discovery process and underscore the predatory intentions behind the

15 subpoena.

16 4. The subpoena proved to be largely irrelevant to the merits of the

17 case. While certain requested documents may have some relevance to the

18 defense, a substantial portion of the documents sought were overly broad and

19 lacked direct relevance to the matter at hand. Moreover, the process of producing

20 these documents resulted in a violation of Ms. Papciak's privacy, yet during her

21 deposition, few of the produced records were utilized or questioned. This lack of

22 utilization during the deposition further supports the contention that the
23 subpoena's extensive scope was unjustified and resulted in an unwarranted invasion

24 of the deponent's privacy without yielding substantive contributions to the case.

25 5. Despite Ms. Papciak's cooperation in providing all

26 reasonable documents and enduring a lengthy 9-hour deposition, she has faced
27 further threats of additional discovery requests, new subpoenas, and another

28 deposition.

3
NOTICE OF REQUEST TO GRANT IN PART AND DENY IN PART AS MOOT THE
MOTION AND MOTION TO QUASH AMENDED NOTICE OF DEPOSITION SUBPOENA
 Case 2:22-cv-02052-MAA Document 110 Filed 07/31/23 Page 4 of 8 Page ID #:4031

1 6. Ms. Papciak concedes that certain requests for production of documents

2 were not protected by prior mediation confidentiality agreements.
3 In light of these grounds, Ms. Papciak concedes to dismiss claims of certain
4 requests being protected information but urges the court to grant her motion in part,
5 seeking relief from further discovery, and the imposition of appropriate
6 consequences to deter the misuse of the legal system against her and other potential
7 witnesses.
8

9 Additionally, it is worth mentioning that the defendant's current legal stance

10 stands in direct contradiction to her prior position as a board member of Breaking
27 Grand Rio Cir, Sacramento CA 95826

11 Code Silence 501c3, wherein she asserted that the accounts created by the original
cfilerdesign@gmail.com

12 BCS working group rightfully belonged to the organization. This very assertion
Chelsea Papciak

(916) 806-8645

13 formed the basis of their lawsuit against Ms. Papciak. However, if Ms. McNamara
14 now contends that these accounts did, in fact, belong to the original creators,
15 including Ms. Papciak, the fundamental question arises: Was she deceiving the court
16 and misrepresenting the facts then, when she initiated the litigation against Ms.
17 Papciak and her co-defendants? Or is she now attempting to mislead the court with
18 her current assertions? Such discrepancies in Ms. McNamara's statements warrant
19 serious scrutiny and consideration.
20

21 REQUEST FOR SANCTIONS

22 The defense's actions warrant sanctions, given their repeated threats, unduly
23 burdensome and unnecessary requests, and exploitation of a non-party to improperly
24 conduct ESI discovery. These actions have imposed an undue and unjustifiable
25 burden on Ms. Papciak, leading to significant emotional distress and hardship,
26 resulting in the expenditure of over 120 hours to address this matter. Accordingly,
27 Ms. Papciak seeks the imposition of sanctions in the total sum of $5,000, to be paid
28 by Defendant KATHERINE McNAMARA. Specifically, Ms. Papciak requests
4
NOTICE OF REQUEST TO GRANT IN PART AND DENY IN PART AS MOOT THE
MOTION AND MOTION TO QUASH AMENDED NOTICE OF DEPOSITION SUBPOENA
 Case 2:22-cv-02052-MAA Document 110 Filed 07/31/23 Page 5 of 8 Page ID #:4032

1 $4,500 as restitution for lost earnings directly to her, and an additional $500 as a
2 penalty for the misuse of the legal process and improper ESI collection conducted
3 upon a non-party witness. Imposition of sanctions is crucial to deter such
4 misconduct, safeguard other non-parties from invasive processes, uphold the
5 integrity of the legal system, and provide appropriate redress.
6

7 WHEREFORE, Chelsea Papciak respectfully requests this Honorable Court

8 to partially grant the motion to quash, thereby quashing the Notice and releasing
9 her from any further obligation to attend a deposition or produce discovery beyond
10 what has already been provided. Additionally, Ms. Papciak urges the court to
27 Grand Rio Cir, Sacramento CA 95826

11 consider appropriate sanctions, if warranted, to prevent further abuse of the legal

cfilerdesign@gmail.com

12 system by Defendant Katherine McNamara.

Chelsea Papciak

(916) 806-8645

13

14

15 DATED: July 31, 2023 By:

16
CHELSEA PAPCIAK PRO SE
17
27 Grand Rio Cir,
18 Sacramento CA 95826
19 cfilerdesign@gmail.com
20 (916) 806-8645
21

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NOTICE OF REQUEST TO GRANT IN PART AND DENY IN PART AS MOOT THE
MOTION AND MOTION TO QUASH AMENDED NOTICE OF DEPOSITION SUBPOENA
Case 2:22-cv-02052-MAA Document 110 Filed 07/31/23 Page 6 of 8 Page ID #:4033

EXHIBIT A
7/31/23, 1:15Case
PM 2:22-cv-02052-MAA Document
Gmail - Case 2:22-cv-02052-MAA Breaking Code110 Filed
Silence v. 07/31/23
Katherine Page
McNamara et al. 7 of
-- Update 8 Page
re: Papciak ID #:4034
Subpoena/Motion to Quash (ECF…

Chelsea Filer <cfilerdesign@gmail.com>

Case 2:22-cv-02052-MAA Breaking Code Silence v. Katherine McNamara et al. --

Update re: Papciak Subpoena/Motion to Quash (ECF 59 and 75)
Catherine Close <cac@jbblaw.com> Mon, Jul 31, 2023 at 11:23 AM
To: MAAChambers <MAA_Chambers@cacd.uscourts.gov>, Chelsea Filer <cfilerdesign@gmail.com>
Cc: Adam Tate <Adam@jbblaw.com>, Adam J Schwartz <adam@ajschwartzlaw.com>, "Helene P. Saller"
<helene@jbblaw.com>, "Bentz, Tamany" <Tamany.Bentz@us.dlapiper.com>, "Lueddeke, Jason"
<Jason.Lueddeke@us.dlapiper.com>, "Kiker, Dennis" <Dennis.Kiker@us.dlapiper.com>

Dear Ms. Estrada,

This email is being sent jointly on behalf of Defendants and third-party Chelsea Papciak, who is also copied. Pursuant to
the Court’s Minute Order on IDC No. 9 (ECF 75), the Parties were ordered to confer and attempt to resolve the issues
raised in Ms. Papciak’s Motion to Quash Subpoena and advise the Court no later than July 31, 2023 of the outcome of
that effort. By this email, the parties hereby jointly advise the Court that all of the issues concerning the Papciak
Subpoena have been resolved, and that Ms. Papciak has already sat for her deposition and produced sufficient
documents. As a result, the Motion to Quash the Papciak Subpoena (ECF 59) is moot and no further discovery
conference or briefing is required.

Please let us know if any further action is required. Thank you for your assistance.

Yours, Catherine

Catherine A. Close
Attorney

949-988-3637

cac@jbblaw.com

www.jbblaw.com

9110 Irvine Center Drive, Irvine, CA 92618

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Gmail - Case 2:22-cv-02052-MAA Breaking Code110 Filed
Silence v. 07/31/23
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McNamara et al. 8 of
-- Update 8 Page
re: Papciak ID #:4035
Subpoena/Motion to Quash (ECF…
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