United States District Court for the District of Massachusetts Springfield Division

Case 3:12-cv-30051-MAP Document 263 Filed 07/25/16 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS SPRINGFIELD DIVISION

SEXUAL MINORITIES UGANDA, : CIVIL ACTION : Plaintiff, : 3:12-CV-30051-MAP : v. : JUDGE MICHAEL A. PONSOR : SCOTT LIVELY, individually and as : MAGISTRATE JUDGE president of Abiding Truth Ministries, : KATHERINE A. ROBERTSON : Defendant. :

DEFENDANT SCOTT LIVELY’S NOTICE OF FILING EXHIBIT PREVIOUSLY DESIGNATED CONFIDENTIAL IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendant, SCOTT LIVELY (“Lively”), gives notice of filing a copy of the following attached exhibit in support of his Motion for Summary Judgment (#248), and to supplement

Exhibit E to his Memorandum of Law in support of his Motion for Summary Judgment (#257,

#257-5):

Plaintiff’s Fifth Supplemental Responses to Defendant Scott Lively’s First Set of Interrogatories1

1 A portion of this exhibit was previously designated “CONFIDENTIAL” by Plaintiff pursuant to this Court’s Order Regarding Confidentiality of Certain Discovery Material entered March 3, 2014 (#106, the “Protective Order”), and Lively filed the confidential portion under seal. (See #257-5, Exhibit A.) Pursuant to the Protective Order, Lively objected to the confidential designation, and Plaintiff did not thereafter move the Court to retain the designation. Accordingly, the document is no longer confidential under the Protective Order, which permits this filing.

Case 3:12-cv-30051-MAP Document 263 Filed 07/25/16 Page 2 of 2

Respectfully submitted,

Philip D. Moran (MA 353920) /s/ Roger K. Gannam 415 Lafayette Street Mathew D. Staver† Salem, Massachusetts 01970 Horatio G. Mihet† T: 978-745-6085 Roger K. Gannam† F: 978-741-2572 LIBERTY COUNSEL [email protected] P.O. Box 540774 Orlando, FL 32854-0774 T: 407-875-1776 Attorneys for Defendant F: 407-875-0770 †Admitted pro hac vice [email protected]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed electronically with the Court on July 25, 2016. Service will be effectuated by the Court’s electronic notification system upon all counsel or parties of record.

/s/ Roger K. Gannam Roger K. Gannam Attorney for Defendant, Scott Lively

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS SPRINGFIELD DIVISION

______

SEXUAL MINORITIES UGANDA, :

Plaintiff, : Civil Action No.

3:12-CV-30051 v. :

SCOTT LIVELY, individually and as : President of Abiding Truth Ministries, : Defendant. ______

PLAINTIFF’S FIFTH SUPPLEMENTAL RESPONSES TO DEFENDANT SCOTT LIVELY’S FIRST SET OF INTER ROGATORIES

Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Plaintiff Sexual

Minorities Uganda (“SMUG”) supplements Plaintiff’s Responses to Defendant Scott Lively’s

First Set of Interrogatories as follows.

In the interest of clarity and for ease of reference, SMUG includes herein only the

Responses and Objections to Interrogatories that are being supplemented on this date.

Subject to and without waiving the general and specific objections set out in Plaintiff’s original, Supplemental, Second and Third Supplemental Responses to Defendant Scott Lively’s

First Set of Interrogatories, SMUG further objects and responds as follows:

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RESPONSES TO INTERROGATORIES Interrogatory No. 4: Separately for each Act of Persecution identified in Interrogatory 2, identify the nature and amount of damages it caused to each Person you identified as having suffered that Act of Persecution, and provide the method or means or formulas that you employed to calculate those damages. To the extent you seek any other damages in this Lawsuit, then also identify the nature and amount of those other damages, and provide the method or means or formulas that you employed to calculate those damages.

Response to Interrogatory No. 4: SMUG incorporates by reference its objections to Interrogatory No. 2. Subject to and without waiving its specific or general objections, SMUG responds as follows: SMUG only seeks damages for harm it suffered as an organization. As set forth in SMUG’s Amended

Complaint (Dkt. No. 27 at 59-60), SMUG seeks compensatory damages, punitive and exemplary damages, and reasonable attorneys’ fees and costs, in amounts to be determined at trial, in addition to equitable relief. The categories of past and ongoing harm to SMUG for which it seeks damages fall into one or more of the following categories, which SMUG reserves the right to supplement due to the ongoing nature of the persecution:

• Compensation for diversion of SMUG’s resources to protect SMUG from the persecution conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint, including diversion of resources to seek redress and accountability for persecution of Plaintiff’s staff members and raids of Plaintiff’s meetings and to adopt additional security measures and relocate its operations, including but not limited to:

- Costs incurred and staff time spent following the arbitrary arrest and detention of staff member(s) and following the harassment and threats faced by staff member(s) them to temporarily relocate;

- Costs incurred and staff time spent in responses to breach(es) to security of SMUG’s operations; and

- Costs incurred and staff time spent to implement additional security measures due to heightened security risks.

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political and legal advocacy, and media campaigns and to support SMUG’s member organizations, some of which assist LGBTI persons who are denied access to critical services, forcibly evicted, forced to go into hiding or seek asylum, and/or arbitrarily arrested or detained, including but not limited to:

- Costs incurred and staff time spent for public education, advocacy, and media campaigns to counteract the persecution;

- Costs incurred and staff time devoted to supporting SMUG’s member organizations; and

- Costs incurred and staff time spent bringing a constitutional challenge to the Anti- Homosexuality Act.

• Compensation for frustration of SMUG’s purpose as a result of harm SMUG suffered to its standing and reputation in the community, attributes which are necessary to conduct its advocacy and education and outreach campaigns, due to the persecution conspiracy and/or joint criminal enterprise that Defendant has propelled and pursued as alleged in the Amended Complaint.

Supplemental Response to Interrogatory No. 4: SMUG incorporates its original Response to Interrogatory No. 4 herein and further incorporates its Supplemental Response to Interrogatory No. 2 for the acts of persecution that SMUG has had to divert resources in order to counteract. Subject to and without waiving its specific or general objections, SMUG further states that it is undertaking to quantify the damages it has suffered to date and will disclose to Defendant such information once it is complete.

Second Supplemental Response to Interrogatory No. 4: SMUG incorporates its original and first supplemental response to Interrogatory No. 4 herein and further supplements its response to Interrogatory No. 4 as follows: SMUG seeks damages for the diversion of its resources that were required to protect SMUG from persecution and to counteract the effects of persecution, and for compensation for frustration of SMUG’s purpose as a result of the harm SMUG has suffered to its standing and reputation in the community. While the specific amount of damages will by calculated by an expert witness and reflected in an expert report, the method for measuring the damages consists of identifying from

SMUG’s records those expenditures that relate to the above-mentioned categories. These expenditures are reflected on the documents bearing the Bates numbers listed below and include

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expenditures for advocacy campaigns, public education, media work, legal costs, support to

SMUG’s member organizations, including in the form of capacity-building, operating costs, salaries, security costs, and costs relating to threats to staff.

SMUG002344 SMUG015500 SMUG002547 SMUG015510 SMUG003549 SMUG015536 SMUG004215 SMUG015549 SMUG004723 SMUG015569 SMUG004763 SMUG015596 SMUG004769 SMUG015615 SMUG004789 SMUG015616 SMUG004790 SMUG015644 SMUG004791 SMUG015658 SMUG004792 SMUG015665 SMUG004793 SMUG015708 SMUG005457 SMUG015719 SMUG005787 SMUG015724 SMUG006263 SMUG015810 SMUG006819 SMUG015811 SMUG007243 SMUG016686 SMUG007280 SMUG016954 SMUG007281 SMUG016961 SMUG007282 SMUG016967 SMUG007297 SMUG016977 SMUG007301 SMUG016987 SMUG007325 SMUG016996 SMUG007345 SMUG017179 SMUG007346 SMUG017283 SMUG007347 SMUG017640 SMUG007348 SMUG017656 SMUG007352 SMUG017661 SMUG007356 SMUG017692 SMUG007360 SMUG017701 SMUG007362 SMUG017725 SMUG007364 SMUG017888 SMUG007366 SMUG018022 SMUG007367 SMUG018084 SMUG007368 SMUG018142 SMUG008976 SMUG018150 SMUG009027 SMUG018158 SMUG009366 SMUG018167 SMUG009372 SMUG018174 SMUG010550 SMUG018181 SMUG010783 SMUG018197

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SMUG012616 SMUG018199 SMUG012632 SMUG018208 SMUG012724 SMUG018210 SMUG012729 SMUG018215 SMUG012739 SMUG018509 SMUG012748 SMUG018511 SMUG012760 SMUG018550 SMUG012767 SMUG018552 SMUG012774 SMUG018592 SMUG012781 SMUG018602 SMUG012788 SMUG018829 SMUG012795 SMUG018883 SMUG012802 SMUG018915 SMUG012809 SMUG018946 SMUG012816 SMUG019190 SMUG012825 SMUG019191 SMUG012834 SMUG019200 SMUG012843 SMUG019201 SMUG012852 SMUG019206 SMUG012853 SMUG019247 SMUG012883 SMUG019248 SMUG012889 SMUG019395 SMUG012896 SMUG020087 SMUG012907 SMUG020088 SMUG012912 SMUG020091 SMUG012926 SMUG022886 SMUG013968 SMUG022936 SMUG014264 SMUG022946 SMUG014266 SMUG022977 SMUG015144 SMUG023156 SMUG015147 SMUG023167 SMUG015160 SMUG024260 SMUG015166 SMUG024433 SMUG015206 SMUG024531 SMUG015236 SMUG024581 SMUG015243 SMUG024582 SMUG015265 SMUG024584 SMUG015274 SMUG024606 SMUG015275 SMUG024616 SMUG015276 SMUG024617 SMUG015277 SMUG024648 SMUG015284 SMUG024651 SMUG015288 SMUG024750 SMUG015344 SMUG024779 SMUG015357 SMUG024921 SMUG015374

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Third Supplemental Response to Interrogatory No. 4: SMUG incorporates its original and first supplemental response to Interrogatory No. 4 herein and amends its second supplemental response to Interrogatory No. 4 as follows: Based on the documents listed here1 and as explained in the spreadsheet attached as Exhibit A, the categories and amounts of past and ongoing harm to SMUG for which it seeks compensatory damages, and which SMUG reserves the right to supplement due to the ongoing nature of the persecution, are as follows: • Compensation for diversion of SMUG’s resources to protect SMUG from the persecution conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint, including diversion of resources to seek redress and accountability for persecution of Plaintiff’s staff members and raids of Plaintiff’s meetings and to adopt additional security measures and relocate its operations, including but not limited to:

- Costs incurred and staff time spent following the arbitrary arrest and detention of staff member(s) and following the harassment and threats faced by staff member(s) forcing them to temporarily relocate:

$49,708

- Costs incurred and staff time spent in responses to breach(es) to security of SMUG’s operations:

- Costs incurred and staff time spent to implement additional security measures due to heightened security risks:

$4,695

• Compensation for diversion of SMUG’s resources to counteract the persecution resulting from the conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint, including resources used to conduct public education, political and legal advocacy, and media campaigns and to support SMUG’s member organizations, some of which assist LGBTI persons who are denied access to critical services, forcibly evicted, forced to go into hiding or seek asylum, and/or arbitrarily arrested or detained, including but not limited to:

- Costs incurred and staff time spent for public education, advocacy, and media campaigns to counteract the persecution:

1 These documents were previously included in the list of documents disclosed in SMUG’s second supplemental response to Interrogatory No. 4. 6 Case 3:12-cv-30051-MAP Document 263-1 Filed 07/25/16 Page 7 of 13

$251,897

- Costs incurred and staff time devoted to supporting SMUG’s member organizations:

$21,082

- Costs incurred and staff time spent bringing a constitutional challenge to the Anti- Homosexuality Act:

$12

An amount to be determined at trial.

Documents supporting the above damages calculations: 2007 Document Page(s) SMUG014612 14621 SMUG015357 15361-9 2008 Document Page(s) SMUG012883 12885-87 SMUG014264 14264 SMUG015236 15236-38 SMUG014266 14268-69 SMUG015265 15265-68 SMUG015344 15344-46 SMUG016977 16984-85 SMUG014271 14272-73 2009 Document Page(s) SMUG012729 12729-38 SMUG012834 12834-39 SMUG015206 15206-22 SMUG015236 15240-42 SMUG015277 15277-84 SMUG015510 15518-19, 22-28 SMUG015374 15378

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2010 Document Page(s) SMUG015736 15736-37 SMUG024531 24531-36 SMUG009366 9366-70 SMUG015809 15809 SMUG015725 15725-27 SMUG015764 15764-67 2011 Document Page(s) SMUG015809 15809-10 SMUG015724 15724 SMUG016996 16696 SMUG015072 15072 SMUG018915 18915 SMUG022732 22732 SMUG015775 15775 SMUG015725 15725-27 2012 Document Page(s) SMUG020868 20868-73 SMUG018181 18181-89 SMUG0295472 29547-53 SMUG006819 6819 2013 Document Page(s) SMUG019190 19190 SMUG018158 18158-63 SMUG0270613 27061-62, 74-75, 79-80 SMUG018210 18210 SMUG017640 17640-47 SMUG004790 4790 SMUG007280 7280 SMUG007281 7281 SMUG007362 7362 2014 Document Page(s) SMUG004792 4792-93 SMUG020092 20092 SMUG024581 24581 SMUG009027 9027 SMUG018946 18946-47

2 Reproduced version of SMUG017692. 3 Reproduced version of SMUG007325. 8 Case 3:12-cv-30051-MAP Document 263-1 Filed 07/25/16 Page 9 of 13

Dated: November 6, 2015

Luke Ryan /s/ Pamela Spees (Bar No. 664999) Pamela C. Spees, admitted pro hac vice 100 Main Street, Third Floor Baher Azmy, admitted pro hac vice Jeena Northampton, MA 01060 Shah, admitted pro hac vice Center for 413-586-4800 Phone Constitutional Rights 413-582-6419 Fax [email protected] 666 Broadway, 7th Floor New York, NY 10012 Attorneys for Plaintiff 212-614-6431- Phone 212-614- 6499- Fax [email protected]

Mark S. Sullivan admitted pro hac vice Joshua Colangelo-Bryan admitted pro hac vice Gina S. Spiegelman admitted pro hac vice Daniel W. Beebe, admitted pro hac vice Kaleb McNeely, admitted pro hac vice Vikram Kumar, admitted pro hac vice Dorsey & Whitney LLP 51 West 52nd Street New York, NY 10019 212-415-9200- Phone 212-953-7201 - Fax [email protected]

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 6th of November 2015, I served Plaintiff’s Fifth Supplemental Responses to Defendant Scott Lively’s First Set of Interrogatories by email to the following:

Horatio G. Mihet Roger K. Gannam LIBERTY COUNSEL P.O. Box 540774 Orlando, FL 32854-0774 hmihet@ lc.org

Attorneys for Defendant Scott Lively

/s/ Kaleb McNeely Kaleb McNeely

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Exhibit A SMUG v. Lively Case 3:12-cv-30051-MAP Document 263-1 Filed 07/25/16 Page 12 of 13 CONFIDENTIAL

DAMAGES Uganda Shillings (UGX)

Description 2007 2008 2009 2010 2011 2012 2013 2014 Total (1) Compensation for diversion of SMUG’s resources to protect SMUG from the persecution conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint and in SMUG's responses to Interrogatory No. 2 A. Costs incurred and staff time spent following the arbitrary arrest and detention of staff member(s) i. June 2008 arrest (Compl. ¶¶ 186-189) 8,465,000 8,465,000 B. Costs incurred and staff time spent following the harassment and threats faced by staff member(s) causing them to temporarily relocate. ii. SMUG’s “staff have been publicly identified and their contact details made public, have been threatened, harassed and 27,435,065 8,335,000 7,000,000 22,550,000 32,533,750 97,853,815 assaulted and at times have had to re-locate and/or go into hiding.” (Compl. ¶ 223)

C. Costs incurred and staff time spent in responses to breach(es) of security of SMUG’s operations. D. Costs incurred and staff time spent to implement additional security measures due to heightened security risks. 293,300 100,000 3,115,935 7,437,700 10,946,935 (2) Compensation for diversion of SMUG’s resources to counteract the persecution resulting from the conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint and SMUG’s responses to Interrogatory No. 2 A. Costs incurred and staff time spent for public education, advocacy, and media campaigns to counteract the persecution. i. Public Education 1,650,000 12,281,000 1,738,000 14,278,340 13,213,500 43,160,840 ii. Political Advocacy 185,000 813,390 610,000 1,200,000 12,114,500 8,153,000 23,075,890 iii. Legal Advocacy - 1. Rolling Stone case (Compl. ¶¶ 218-221) 14,770,000 20,000,000 34,770,000 2. Workshop raid case (Compl. ¶¶ 176-185) 2,000,000 10,400,000 40,000 12,440,000 3. Mukasa/Oyo case (Compl. ¶¶ 209-213, 34) 2,690,000 120,000 2,810,000 iv. Media Campaigns 6,541,000 2,396,000 8,937,000 v. SMUG’s overhead/administrative expenses to carry out the above activities, including - 1. General office expenditures 17,512,000 7,282,520 25,021,367 15,084,000 21,299,500 34,549,500 18,522,800 12,848,400 152,120,087 2. Salaries/Allowances 1,083,000 6,690,600 15,003,333 16,250,000 18,100,000 42,600,000 73,795,000 49,180,000 222,701,933 3. Rent 3,600,600 4,500,000 6,200,000 6,000,000 6,000,000 7,260,000 13,900,000 13,200,000 60,660,600 4. Strategic Planning workshops/General Assembly meetings 512,000 22,545,500 23,057,500 B. Costs incurred and staff time devoted to supporting SMUG's member organizations - i. Workshops/trainings for member organizations - 2,711,500 1,904,000 - - 18,669,880 23,285,380 ii. Funds/assets given to member organizations - - - - - 21,767,000 5,500,000 27,267,000 Costs incurred and staff time spent bringing a constitutional challenge to the Anti- Homosexuality Act (“AHA”). This category C. covers only costs incurred to bring SMUG’s lawsuit challenging the AHA. 30,000 30,000 - (3) Compensation for frustration of SMUG's purpose as a result of harm SMUG suffered to its standing and reputation in the - community. - Amount to be determined at trial. - TOTAL 33,554,900 58,630,075 66,531,636 62,177,000 73,599,500 198,334,720 150,922,000 107,832,150 751,581,981 Schedule Check 33,554,900 58,630,075 66,531,636 62,177,000 73,599,500 198,334,720 150,922,000 107,832,150 751,581,981

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Currency Exchange (USD/UGX): DAMAGES 1,698 1692 2008 2152 2491 2469 2555 2567 US Dollars (USD)

Description 2007 2008 2009 2010 2011 2012 2013 2014 Total (1) Compensation for diversion of SMUG’s resources to protect SMUG from the persecution conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint and in SMUG's responses to Interrogatory No. 2 A. Costs incurred and staff time spent following the arbitrary arrest and detention of staff member(s) i. June 2008 arrest (Compl. ¶¶ 186-189) - 5,003 ------$ 5,003 B. Costs incurred and staff time spent following the harassment and threats faced by staff member(s) causing them to temporarily relocate. ii. SMUG’s “staff have been publicly identified and their contact details made public, have been threatened, harassed and - 16,215 - 3,873 2,810 9,133 - 12,674 $ 44,705 assaulted and at times have had to re-locate and/or go into hiding.” (Compl. ¶ 223)

C. Costs incurred and staff time spent in responses to breach(es) of security of SMUG’s operations. D. Costs incurred and staff time spent to implement additional security measures due to heightened security risks. 173 59 1,552 - - - 2,911 - $ 4,695 (2) Compensation for diversion of SMUG’s resources to counteract the persecution resulting from the conspiracy and/or joint criminal enterprise as alleged in the Amended Complaint and SMUG’s responses to Interrogatory No. 2 A. Costs incurred and staff time spent for public education, advocacy, and media campaigns to counteract the persecution. i. Public Education 972 - 6,116 808 - 5,783 5,172 - $ 18,851 ii. Political Advocacy 109 481 304 - 482 4,907 3,191 - $ 9,474 iii. Legal Advocacy 1. Rolling Stone case (Compl. ¶¶ 218-221) - - - 6,863 8,029 - - - $ 14,892 2. Workshop raid case (Compl. ¶¶ 176-185) - - - - - 810 4,070 16 $ 4,896 3. Mukasa/Oyo case (Compl. ¶¶ 209-213, 34) 1,584 71 ------$ 1,655 iv. Media Campaigns 3,852 - 1,193 - - - - - $ 5,045 v. SMUG’s overhead/administrative expenses to carry out the above activities, including 1. General office expenditures 10,313 4,304 12,461 7,009 8,551 13,993 7,250 5,005 $ 68,886 2. Salaries/Allowances 638 3,954 7,472 7,551 7,266 17,254 28,883 19,159 $ 92,177 3. Rent 2,120 2,660 3,088 2,788 2,409 2,940 5,440 5,142 $ 26,587 4. Strategic Planning workshops/General Assembly meetings - 303 - - - 9,131 - - $ 9,434 B. Costs incurred and staff time devoted to supporting SMUG's member organizations i. Workshops/trainings for member organizations - 1,603 948 - - 7,562 - - $ 10,113 ii. Funds/assets given to member organizations - - - - - 8,816 2,153 - $ 10,969 Costs incurred and staff time spent bringing a constitutional challenge to the Anti- Homosexuality Act (“AHA”). This category C. covers only costs incurred to bring SMUG’s lawsuit challenging the AHA. ------12 $ 12

(3) Compensation for frustration of SMUG's purpose as a result of harm SMUG suffered to its standing and reputation in the ------$ - community. - Amount to be determined at trial.

TOTAL $ 19,761 $ 34,653 $ 33,134 $ 28,892 $ 29,547 $ 80,329 $ 59,070 $ 42,008 $ 327,394 Schedule Check $ 327,394

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