Preview
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627 43
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS SUPERIOR COURT
Concetta Orlando,
Plaintiff
Vv. Civil Action No. 2377¢v00627
Cynthia Bjorlie
Nicole Coles
Robin Hubbard
Defendants
PLAINTIFF’S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF HER
MOTION TO COMPEL AND FOR SANCTIONS V. RICHARD “RICK” MAYBURY
Now comes the plaintiff, Concetta Orlando, and submits the within Supplemental
Memorandum of Law in support of her Motion to Compel and for Sanctions(Doc. 33). This
motion remains unopposed, after service of the motion via 9A procedure to all parties to whom it
applies, including Maybury, via mail and email on November 20, 2023, and as referenced in the
plaintiff's 9A filing and Affidavit(Docs 33 and 33.1).
The plaintiff refers this Honorable Court to the Factual Background section of her
Motion(Doc. 33), and adds the following:
1 On 4/1/2024, non-party witnesses were served updated Subpoenas for records, in keeping
with Judge Barrett’s 9/19/2023 order.
On 4/2/2024, Maybury wrote to plaintiff’s counsel: “J am in receipt of the subpoena. I
have no emails or other personal documents that pertain to the lawsuit...”(Exhibit A:
Email from Maybury to Orlando 4/2/2024).
On 4/2/2024, Orlando responded: “That is not the scope of discovery and since you are
not a judge, it’s not up to you to decide whether a document in your possession should be
produced. Please be aware that because subpoenas were served on multiple individuals,
we are already in possession of some of the communications you have had that are
responsive to the subpoena. All communications which exist between you and any
individual about the topics listed in a-g(of Judge Barrett’s order dated 9/19/2023) are
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
discoverable, and they have already been court ordered. You are being untruthful
claiming you don t have documents.”(Exhibit B: Email from Orlando to Maybury
4/2/2024).
On 4/3/2024, Maybury replied, admitting that he DOES have discoverable documents,
but because he feels they aren’t relevant, he feels he does not have to comply with the
two properly served subpoenas. “J have blocked all communications from the Orlandos
Jor many months and discarded any mail before reading. You have no right to see
anything of a personal nature that lacks relevance to your case. You aren t trustworthy.”
(Exhibit C: Email from Maybury to Orlando 4/3/2024).
On 4/4/2024, plaintiff’s counsel replied: “Since your email states you consulted an
attorney regarding the subpoenas you were served, please have that attorney contact me
to discuss. You were identified by the defendants as an essential witness in the above-
referenced matter, which is why you were served with subpoenas for documents.”(Exhibit
D: Orlando to Maybury letter).
Orlando then went on to explain to Mr. Maybury that “discoverable” does not mean
“relevant” and that he is not in a position to decide what he may choose to produce. “You
are not a judge, and you not in a position to decide whether or not emails or documents
in your possession should be produced.”
Orlando also then listed the entire history of the plaintiff’s attempts to obtain documents
from Mr. Maybury, which Mr. Maybury admits to “ignoring” or “discarding.”
On 4/4/2024, Mr. Maybury responded, suddenly locating responsive documents, but
continuing to refuse to provide them. “J am not obligated to read or receive your emails
or mail from anyone I choose not to. As far as I am concerned, your correspondences are
spam. I am not denying that I might have received or written emails. I have no emails
referencing the “search terms” you identified in any form to anyone related to this
case.”(Exhibit E: Maybury to Orlando 4/4/2024).
Maybury then goes on in his email to detail his involvement in the matter, which he
claims is limited-despite evidence in plaintiff’s possession to the contrary, and to continue
to refuse to produce documents in his possession because he does not feel that he needs
to.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
10. Plaintiffs counsel already has the following in his possession, evidencing Mr. Maybury’s
involvement with the defendants in the run-up to their defamatory activity, and following
the filing of this lawsuit.
11 One of the defendants’ defamatory remarks about the plaintiff is that she comes from a
“crime family.” Given Mr. Maybury’s long-held dislike of the Orlando family, there is
legitimate evidence that his conversations with Dr. Bjorlie may have sparked this
particular defamatory comment, which is why his communications are discoverable in
this matter:
On May 24, 2023, Cynthia Bjorlie made a phone call to a member of the
GRCC, claiming to have talked extensively with Maybury about Cynthia’s
goal to remove Ashley Sullivan, and information that Maybury
communicated to Cynthia about the Orlando family in relation to the
issues within the GRCC.
Witnesses report that Maybury called members of the GRcc in June and
July to support the removal of Ashley Sullivan as chairwoman and became
angry when members would not agree with him.
On June 13, 2023, Cynthia Bjorlie wrote a letter to a group of people
involved in the issue of removing Ashley Sullivan, referring to her
conversations with Maybury in the previous weeks.
Suit was filed in this matter on June 26, 2023.
On July 27, 2023, Maybury emailed Ashley Sullivan, and referenced the
ongoing disputes within the committee and referenced the Orlando family
and this litigation.
On August 7, 2023, Robin Hubbard emailed co-defendants and non party
witnesses stating: “J am told that Rick M is a solid guy and wants to help.”
On March 1, 2024, Maybury emailed Ashley Sullivan directly, and on the
same day, Maybury emailed others about Ashley Sullivan.
On or about March 3, 2024, non-party witness Kelly Secrest posted on
social media, indicating her communication with Maybury about the
discovery in this litigation and the subpoenas he had received.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
¢ Maybury was actively engaged in reading each and every email from the
Gloucester GOP committee during the time frame in which this dispute
was coming to light in the spring of 2023. His engagement in reading each
email is attached here as Exhibit F, Maybury Email Engagement with
Gloucester GOP Email Account.
Argument
Richard Maybury’s correspondences to plaintiff's counsel contain a series of insults and
threats, but also a series of admissions that he holds discoverable documents but feels that he
does not have to produce them, merely because he does not want to. He also admits to ignoring
all subpoenas, court orders, and motion practice in this litigation which related to him, merely
because he personally does not like the sender.
Despite two properly served subpoenas upon him, and a court order dated 9/19/2023, by
Judge Barrett, Mr. Maybury writes that he believes that his feeling that he does not wish to be
involved in this litigation is enough to thwart subpoenas and court orders for documents in his
possession.
Notably, Mr. Maybury does not cite any privilege which would protect him from supplying
discovery where there is substantial evidence of his involvement as an essential witness,
identified by the defendants in this matter in writing-as noted in plaintiff's counsel’s letter to
him(Exhibit C).
He also continues to maintain, and admit in writing, that he deleted discoverable material:
. “T didn’t save all emails and correspondence with Cynthia or others...” (Exhibit C)
. “Please note that I have blocked all communications from the Orlandos for many
months and discarded any mail before reading.” (Exhibit C)
“Tt appears you may have emails I may have received but did not save because they
were irrelevant to me.” (Exhibit C)
“T make decisions on a daily basis about what to read, what to block, and what to
trash.”(Exhibit E)
I can’t magically make long ago deleted files reappear”’(Exhibit E)
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
Though these claims of deletion contradict Maybury’s other claims that he has the material
but refuses to produce it, it is notable that he claims to have deleted discoverable material,
despite the letter from plaintiffs counsel that he received advising him against spoliation,
sanctionable action. That letter was dated 6/28/2023, was sent prior to the issuance of
subpoenas; and is attached here as Exhibit G.
Wherefore, the plaintiff moves this Honorable Court to sanction Mr. Maybury as follows:
1 Issue an order compelling Maybury to produce all documents responsive to the topics in
Judge Barrett’s order within 24 hours of the court’s order following this hearing;
Issue an order compelling Maybury to produce his personal computer such that a
computer analyst may search it for responsive documents on his hard drive, at Mr.
Maybury’s cost;
Issue an order compelling Maybury to reimburse plaintiff’s counsel for the hours of
correspondence, cost, and motion practice employed to force Mr. Maybury to comply
with court subpoenas and orders-see attached Affidavit of Joseph M. Orlando, Jr.
4. Any other sanction which the Court feels is just.
Respectfully Submitted,
Plaintiff by her Attorneys,
/s/ Joseph M. Orlando Jr.
JOSEPH M. ORLANDO JR. ESQ.
BBO #680995
JOSEPH M. ORLANDO, ESQ.
BBO #380215
Orlando & Associates
1 Western Avenue
Gloucester, MA 01930
Ph: 978-283-8100
Fx: 978-283-8507
imorlandojr@orlandoassociates.com
CERTIFICATE OF SERVICE
I, Joseph M. Orlando Jr., Esq. attorney for the plaintiff herein, certify that I served the foregoing
to counsel for the defendants:
William E. Gens, Esq.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
Gens & Stanton P.C.
12 Ericsson Street 2"4 Floor
Boston, MA 02122
billgens: enslawoffices.com
On this 8" day of April, 2024. /s/ Joseph M. Orlando Jr., Esq.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS SUPERIOR COURT
Concetta Orlando,
Plaintiff
Vv. Civil Action No. 2377¢v00627
Cynthia Bjorlie
Nicole Coles
Robin Hubbard
Defendants
AFFIDAVIT OF JOSEPH M. ORLANDO, JR. ESQ.
lam a duly licensed attorney in the Commonwealth of Massachusetts;
I have been practicing law for 14 years.
My hourly billing rate is $350.00 per hour.
The correspondence with non-party witness Maybury has taken me a total of 2 hours,
which involved reviewing the case file as to all efforts made to subpoena discoverable
materials from him; draft responses; email to him; and review his replies.
The drafting of this Supplemental Memorandum took me 2 hours.
The total hourly billing I have incurred in order to communicate with Maybury his duty
to comply with subpoenas and court orders has been 4 hours at a cost of $1,400.00.
Signed, under the pains and penalties of perjury this 8 day of April, 2024.
/s/ Joseph M. Orlando Jr.
JOSEPH M. ORLANDO JR. ESQ.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
EXHIBITA
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
From: Dr.
Maybury
Rick
To: Cathy Arnold
Ce:
Subject: DOCKET NUMBER 2477CV00627
Date: Tuesday, April 2, 2024 1:02:52 PM
Dear Ms. Arnold,
I am in receipt of the subpoena noted above requesting "documents only, no need to appear." I
have scoured my email and system files, including those in email trash that have not yet been
emptied. I have no emails or other personal documents that pertain to the lawsuit
or specifically mention Connie or Joe senior.
Best,
Rick Maybury
Dr. Richard Maybury
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
EXHIBIT B
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
ale
ORLANDO
& ASSOCIATES Joseph M. Orlando, Jr., Esq
Joseph M. Orlando, Esq.
Brian S. McCormick, Esq
Nolan R. Young, Esq
TT THE SCALESIN YOUR LAVOR™
April 2, 2024
Richard “Rick” Maybury
One Squam Hollow
Rockport, MA 01966
rickmaybury757@gmail.com
rmaybury@kjigs.org
Re: Concetta Orlando v. Bjorlie, Coles, Hubbard
Civil Action No. 2377cv00627
Dear Mr. Maybury:
In response to your email of 4/2/2024, claiming to have no responsive documents to the 2 subpoenas which
have been served upon you to date, please be advised of the following.
The schedule A attached to the Subpoena and Notice of Deposition listed a number of discoverable topics, not
just “that pertain to the lawsuit or specifically mention Connie or Joe senior.”
That is not the scope of discovery, and since you are not a judge, it’s not up to you to decide whether a
document in your possession should be produced.
Here are the documents, court ordered by Judge Barrett on September 19, 2023, for you to produce(from
March 1, 2023-April 30, 2024):
The following documents are sought in accordance with the court’s order dated 9/19/2023:
1 All written, tangible, or electronic, communications, including, but not limited to letters, emails 9
text messages, memoranda, notes, agendas, or any other written document by, between, or
inclusive of the deponent and the defendants:
Cynthia Bjorlie,
Nicole Coles,
and Robin Hubbard.
One Western Avenue @ Gloucester, Massachusetts 01930 ® Ph: (978) 283-8100 ® Fx: (978) 283-8507
firm@orlandoassociates.com ® www.orlandoassociates.com
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
All meeting notices, notes, or agendas for any meeting which included the deponent and any of the
defendants.
All written communication, including, but not limited to, emails, text messages, letters, social
media private messages, social media posts, which include the following search terms:
Concetta or Connie Orlando;
Criminal Illegalities;
Criminal Enterprise;
Voter Fraud;
Tax Fraud;
Crime Family;
Ashley Sullivan.
Please be aware that because subpoenas were served on multiple individuals, we are already in possession of
some of the communications you have had that are responsive to the subpoena. We also know that you
regularly wrote to Ashley Sullivan, and about Ashley Sullivan to others, up to as recently as March 1, 2024.
All communications which exist between you and ANY INDIVIDUAL, about the topics listed in a-g, are
discoverable, and they have already been court ordered. ALL communications between you and any of the
defendants are discoverable.
You are being untruthful claiming you don’t have documents.
Given your willful non-compliance, and current dishonest posture, I will be asking the Court to financially
and civilly sanction you, if necessary, for your violation.
Please produce ALL responsive documents by April 30, 2024. Otherwise, I will see you at the hearing on May
16, 2024. I’m doubtful that the Court will look kindly on you so flagrantly flouting Judge Barrett’s order.
Very Truly Yours,
/s/ Joseph M. Orlando Jr. Esq.
JOSEPH M. ORLANDO JR. ESQ.
JMOJR/caa
One Western Avenue @ Gloucester, Massachusetts 01930 # Ph: (978) 283-8100 Fx: (978) 283-8507
firm@orlandoassociates.com # www.orlandoassociates.com
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
EXHIBIT C
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
From: Dr.
Maybury
Rick
To: Cathy Arnold
Cec:
Subject: vO LETTER DATED 2 APRIL 2024
Date: Wednesday, April 3, 2024 5:33:44 PM
Dear Ms. Arnold,
Please note: STOP using my business email.
Please note that I have blocked all communications from the Orlandos for many months and
discarded any mail before reading. The only subpoena I have received and read was officially
delivered on 2 April 2024.
According to my attorney, I don't have to give you any personal correspondence that has no
relevance to this case. I have a long history with Dr. Bjorlie. She was once my doctor and is
engaged in several personal matters with me. Upon reviewing the one letter that I have to
Ashley, that was a personal and supportive letter that is far from relevant to this case. Again,
you have no right to see anything of a personal nature that lacks relevance to your case. You
aren't trustworthy. If the court wants to appoint a confidential intermediary to look at personal
correspondence to ensure privacy and relevance, I am happy to share.
I didn't save all emails and correspondence with Cynthia or others; apparently, you have
correspondence I did not save. If you already have correspondences that I did not save, then
why do you need them yet again from me? You had the opportunity to ask me about
relevant information in person but chose to ask just for my saved correspondence.
Employing your defined "search terms" brought up not a single document on my system
related to this case.
Thave no relationship with Robin Hubbard and a very limited acquaintance with Nichole Cole.
Further, I am not part of the PAC or the GRCC and have no inside information. I could not
possibly have any information that offers additional insights and fodder than that which you
have already collected from Cynthia and the others. Again, it appears you have emails I may
have received but did not save because they were irrelevant to me. Why not just ask me about
them or anything else that is on your mind?
I take offense to your claim of "untruthfulness," etc. I sent you what I have and am prepared to
demonstrate that to the judge. I can not send you that which I don't have. If necessary, I will
also be looking to sue for compensation if I have to hire an attorney and lose revenue in this
process.
I am finding your communication to be hostile, threatening, inappropriately intrusive,
bullying, and harassing. Considering my lack of participation and involvement with the
activities for which you are suing, I can't help believing this is an attempt at intimidation
because of my involvement with the child rape indictment regarding Amanda's fiance. If
it continues, I will file a complaint with the DA.
If you have questions, then ask me. Joe, we have known each other for a long time, longer
with your father. Act like a professional, not someone who seeks dominance through vacuous
intimidation.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
Best,
Rick
Dr. Richard Maybury
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
EXHIBIT D
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
ORLANDO
& ASSOCIATES Joseph M. Orlando, Jr., Esq
Je
— Joseph M. Orlando, Esq.
Brian S. McCormick, Esq
@!
Nolan R. Young, Esq.
“TIP THE SCALESIN YOUR FAVOR™
April 4, 2024
Richard “Rick” Maybury
One Squam Hollow
Rockport, MA 01966
tickmaybury757@gmail.com
rmaybury@kjigs.org
Re: Concetta Orlando v. Bjorlie, Coles, Hubbard
Civil Action No. 2377cv00627
Dear Mr. Maybury:
This letter is in response to the email you sent to my paralegal, Cathy Arnold, on 4/3/2024. Since your
email states that you consulted an attorney regarding the subpoenas you were served, please have that
attorney contact me to discuss, and please share this correspondence with him/her for reference.
You were identified by defendants as an essential witness in the above-referenced matter, which is
why you were served with subpoenas for documents. As you are aware, this lawsuit originated from a
dispute amongst a political committee which resulted in the defendants defaming Mrs. Orlando.
On May 24, 2023, Cynthia Bjorlie made a phone call to a member of the GRCC, claiming to have
talked extensively with you about Cynthia’s goal to remove Ashley Sullivan, and information that you
communicated to Cynthia about the Orlando family in relation to the issues within the GRCC. On June
13, 2023, Cynthia Bjorlie wrote a letter to a group of people involved in the issue of removing Ashley
Sullivan, referring to her conversations with you in the previous weeks. Suit was filed in this matter on
June 26, 2023. Witnesses report that you called members of the GRCC to support the removal of
Ashley Sullivan as chairwoman.
On August 7, 2023, Robin Hubbard emailed co-defendants and non party witnesses stating: “J am told
that RickM is a solid guy and wants to help.” On March 1, 2024, you emailed Ashley Sullivan
directly, and on the same day, you emailed others about Ashley Sullivan. We also have a social media
post by non-party witness Kelly Secrest, indicating her communication with you about the discovery
in this litigation and the subpoenas you had received.
These documents have been produced to us in the course of discovery demonstrating your involvement
and consistent communications with the defendants and others over the past year. Based upon the
documents already in our possession, it’s clear that there are more discoverable documents in your
One Western Avenue ® Gloucester, Massachusetts 01930 Ph: (978) 283-8100 Fx: (978) 283-8507
firm@orlandoassociates.com ® www.orlandoassociates.com
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
possession, which Judge Barrett already ordered you to produce. Again, I believe it would be helpful
for you to have your attorney contact me to discuss.
None of the above has anything to do with Russell Morris and the unrelated charges against him. If
you have further questions regarding the Morris matter, I refer you to Mr. Morris’ defense attorney,
John Morris.
The reason we know both of your email addresses, is because some documents have already been
produced to us containing emails from you on discoverable topics for this litigation. It is because you
were ignoring all correspondence to your personal email address for nearly a year, that we added your
professional email address to our correspondence to you.
We are aware, and you seem to confirm in your 4/3/2024 email, that more documents exist that are in
your possession. You are under order from Judge Barrett to produce same.
The pertinent history is as follows:
On June 28, 2023, our office sent you a letter, via your personal email address listed above, and in the
post mail, advising you that you had been identified as a witness in this matter, and advising you of the
penalties of spoliation of evidence. See letter, attached as Exhibit A.
On July 26, 2023, you were properly served with a Subpoena and Notice of Deposition at your home.
I’m attaching the return of service from the Essex County Sheriff's Department as Exhibit B, and the
materials served upon you, as Exhibit C. The subpoena refers to the Schedule A, listing discoverable
documents for you to produce.
On August 25, 2023, we sent you a letter to your home, and your personal email address, enclosing our
Motion to Compel documents based upon your non-response. That letter and motion is attached here
as Exhibit D.
On August 31, 2023, we sent you a letter to your home, and your personal email address, enclosing a
Supplemental Memorandum to our Motion to Compel. That letter and supplemental memorandum is
attached here as Exhibit E.
On September 19, 2023, there was a hearing in this matter, at which you did not appear. After the
hearing, Judge Barrett ordered all of the non party witnesses who had received subpoenas-which
included you-to produce documents in line with his order.
On September 21, 2023, we sent you a letter to your home and to your personal email address,
enclosing Judge Barrett’s order, which required you to produce the discoverable documents within 60
days, or November 19, 2023. That letter and enclosed order is attached here as Exhibit F.
On November 20, 2023, because you had failed to reply or produce documents, we sent you a letter to
your home and personal email address, enclosing a second Motion to Compel and Request for
Sanctions from you. That letter and motion are attached here as Exhibit G.
On December 4, 2023, we sent you a letter to your home and both of your email addresses, enclosing
One Western Avenue ® Gloucester, Massachusetts 01930 @ Ph: (978) 283-8100 @ Fx: (978) 283-8507
firm@orlandoassociates.com ® www.orlandoassociates.com
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
the 9A documents evidencing filing of the Motion to Compel and for Sanctions from you. See Exhibit
H, Letter and 9A Documents.
On December 22, 2023, we sent you a letter to your home and both of your email addresses, informing
you of the hearing date for the Motion to Compel and for Sanctions. See Exhibit I.
The court pushed the hearing until April 11, 2024.
On March 22, 2024, I emailed you and the other non party witnesses, informing you that the
Defendants’ attempt to have the case dismissed had failed, and that you were still required to produce
documents. I also included the information that the court had re-scheduled the hearing on the Motion
to Compel for May 16, 2024. See Email Exhibit J.
On April 2, 2024, you were served with a second subpoena for documents.
Please be aware that “discoverable” does not mean “relevant.” You are not a judge, and you are not in
a position to decide whether or not emails or documents in your possession should be produced.
Any email between you and Dr. Bjorlie, or you and any other individual, on any topic in the time
period(March 1, 2023-April 30, 2024) IS discoverable. Any email in which you reference “Ashley
Sullivan” or any of the other search topics IS discoverable, whether or not the email is about the
instant litigation or some other topic. If the document references “Ashley Sullivan,” or “crime family”
or “tax fraud” or “voter fraud” or any other topic in Judge Barrett’s order, then it is discoverable.
If you have further questions, please do not hesitate to contact me, or have your attorney contact me.
Please be aware that the documents from the first subpoena are months overdue, and the documents
listed in the second subpoena are due by April 30, 2024.
Very Truly Yours,
/s/ Joseph M. Orlando Jr.
JOSEPH M. ORLANDO JR. ESQ.
JMOJR/caa
One Western Avenue ® Gloucester, Massachusetts 01930 @ Ph: (978) 283-8100 Fx: (978) 283-8507
firm@orlandoassociates.com ® www.orlandoassociates.com
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
EXHIBIT E
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
From: Dr.
Maybury
Rick
To:
Subject: Re: Orlando, Concetta vs. Cynthia Bjorlie et al
Date: Thursday, April 4, 2024 4:32:54 PM
Attachments: ‘Knowles Johnson Institute of Graduate Studies Mall - THANK YOU! pdf
‘Gmail - DIFFICULT TIMES.pdf
Cat,
In response to the attached mail.
First, please show me the signed service of the subpoena you said was served by the sheriff. I
have no record of receiving anything.
Thave no idea exactly what you have sent or have purported to send. Once again, I am not
obligated to read or receive emails or mail from anyone I choose not to. As far as I am
concerned, your correspondences are spam. I make decisions on a daily basis as to what to
read, what to block, and what to trash. I don't have time for nonsense.
Regarding the emails you are referencing in your letter, I am not denying that I might have
received or written emails. I am saying that I am not in possession of any of them. I receive
200-300 emails a day. I don't save those that I don't think are relevant to my business. As I
said before, if you have questions about them, I am willing to have the conversation to the best
of my memory.
Between the dates you established, I have attached the only email I have on file between
myself and Cynthia, which was in a business file. I included the letter to Ashley that you
apparently already have. I hope it helps.
Since you brought it up once again...I have no emails referencing the "search terms" you
identified in any form to anyone related to this case.
In general, I can tell you briefly that my political conversations with Cynthia mainly were
regarding the history of the GRCC and the origination of the bylaws that Luke and I re-
established and created. I was a historical reference with experience, and I also suggested
contacting other founding members from those years.
Ihave a VERY tangential connection to this ridiculousness, and I do believe your motivation
in part is to intimidate me as a surrogate for your sister and her indicted fiance. Your language
and personal character attacks in your last letter were not those of a respectful professional
litigator simply looking for the truth. They were a bully with a stick. Clearly, there are other
driving forces behind your vitriolic attacks, and I have been advised to contact the DA.
This prior paragraph has particular contextual interest since you keep claiming you have
emails to and from me already; for what reason other than as a vehicle of attempted
intimidation would you continue to threaten me to provide you with documents that I
obviously don't still possess? Precisely so since I have been willing to be deposed in person to
answer any questions or fill in the blanks you might have.
My preference is to step away from this mess. Once again, to be very clear, I have given you
everything I have found on file. I can't magically make long-ago deleted files reappear. I don't
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
expect to hear any more about this unless you choose to have a conversation to garner more
information.
Best,
"Dr." Maybury
PS Ona private and personal note, between you and I, who have known each other for quite
awhile. From what little I know, I am shocked that you are exposing your parents to the
potential consequences of bringing to light stuff better left alone. Your Mom is a delightful,
warm, kind person. She is also a strong woman who I have always liked and respected. I
can't believe that words that may have been spoken in a heated political arena affect her. I
have been around politics for over 50 years; whatever had been said would have long ago
dissipated into the ether if left alone. From an outside observer, seemingly using your mother
as a political pawn is shameful and strikes of narcissistic ego, not defense of a loved one.
My best to your Mom.
Dr. Richard Maybury
On Thu, Apr 4, 2024 at 2:07 PM Cathy Arnold wrote:
Please see attached.
Cat Arnold, Paralegal
Orlando & Associates, PC
One Western Avenue
Gloucester, MA 01930
Ph: (978) 283-8100
Fx: (978) 283-8507
CONFIDENTIALITY NOTICE:
This email message is for the sole use of the intended recipient(s) and may contained
privileged and confidential information. Any unauthorized review, use, disclosure, or
distirbution is prohibited. If you received this email in error, please notify me immediately
by return mail.
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
EXHIBIT F
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
Richard Maybury
Email Subscribed
Added by Site Owner on Sep 13, 2015 + Edited Sep 13, 2015 at 8:11am EDT
Details Engagement Notes (0)
Campaign channel Lists
Email address
rmaybury@ppg-i.com
General Interest
Subscribed by you on Sep 13, 2015 at 8:11am EDT
Basic details
First name
Richard
Last name
Maybury
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
Richard Maybury
Email Subscribed
Added by Site Owner on Sep 13, 2015 + Edited Sep 13, 2015 at 8:11am EDT
Details Engagement Notes (0)
This shows data for the last 100 emails sent in the past five years.
Recent activity Email summary
Apr 4, 2024 Emails sent 168
5:37pm. Opened - Email - "MassGOP Re Org” on other device type Average open rate 86%
5:35pm Opened - Email - “MassGOP Re Org” on other device type
Average click rate 18%
5:26pm Was sent - Email - “MassGOP Re Org”
4:59pm Opened - Email - “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on Emails bounced 32
other device type
Apr 2, 2024
4:45pm + Opened - Email "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
2:33pm - Opened - Email “Untitled Email Created 2024/03/01, 7:57:46 AM EST” on
other device type
2:14pm + Opened - Email "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
11:44am - Opened - Email “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
Mar 30, 2024
5:35am + Opened - Email “Untitled Email Created 2024/03/01, 7:57:46 AM EST“ on
other device type
Mar 28, 2024
2:19pm + Opened - Email “Re-Org" on other device type
2:01pm + Opened - Email “Re-Org" on other device type
Mar 27, 2024
9:22pm + Opened - Email - “Re-Org" on other device type
4:59pm + Was sent + Email + "Re-Org"
Mar 13, 2024
1:09pm - Opened - Email - "Vote Today" on other device type
1:09pm + Opened - Email - “GRCC Meeting Reminder and Forum” on other device ty
pe
a
Date Filed 4/9/2024 8:48 AM
Superior Court - Essex
Docket Number 2377CV00627
Richard Maybury
Email Subscribed
Added by Site Owner on Sep 13, 2015 + Edited Sep 13, 2015 at 8:11am EDT
Details Engagement Notes (0)
Mar 13, 2024
1:09pm - Opened + Email - “Vote Today” on other device type
1:09pm - Opened - Email - "GRCC Meeting Reminder and Forum" on other device ty
pe
Mar 12, 2024
6:48pm - Opened - Email - "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
Mar 6, 2024
8:29pm + Opened - Email - "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
Mar 5, 2024
6:06pm + Opened - Email - “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
desktop device
6:04pm + Opened - Email - "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
6:03pm - Opened - Email « “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on
other device type
8:07am + Opened - Email « "Vote Today” on other device type
7:01am + Was sent - Email - "Vote Today”
Mar 4, 2024
2:44pm + Opened - Email - “Untitled Email Created 2024/03/04, 1:23:31 PM EST" ono
ther device type
2:43pm + Opened - Email - “Untitled Email Created 2024/03/04, 1:23:31 PM EST" on o
ther device type
2:35pm + Was sent - Email - “Untitle
Preview
Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 43 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT Concetta Orlando, Plaintiff Vv. Civil Action No. 2377¢v00627 Cynthia Bjorlie Nicole Coles Robin Hubbard Defendants PLAINTIFF’S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF HER MOTION TO COMPEL AND FOR SANCTIONS V. RICHARD “RICK” MAYBURY Now comes the plaintiff, Concetta Orlando, and submits the within Supplemental Memorandum of Law in support of her Motion to Compel and for Sanctions(Doc. 33). This motion remains unopposed, after service of the motion via 9A procedure to all parties to whom it applies, including Maybury, via mail and email on November 20, 2023, and as referenced in the plaintiff's 9A filing and Affidavit(Docs 33 and 33.1). The plaintiff refers this Honorable Court to the Factual Background section of her Motion(Doc. 33), and adds the following: 1 On 4/1/2024, non-party witnesses were served updated Subpoenas for records, in keeping with Judge Barrett’s 9/19/2023 order. On 4/2/2024, Maybury wrote to plaintiff’s counsel: “J am in receipt of the subpoena. I have no emails or other personal documents that pertain to the lawsuit...”(Exhibit A: Email from Maybury to Orlando 4/2/2024). On 4/2/2024, Orlando responded: “That is not the scope of discovery and since you are not a judge, it’s not up to you to decide whether a document in your possession should be produced. Please be aware that because subpoenas were served on multiple individuals, we are already in possession of some of the communications you have had that are responsive to the subpoena. All communications which exist between you and any individual about the topics listed in a-g(of Judge Barrett’s order dated 9/19/2023) are Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 discoverable, and they have already been court ordered. You are being untruthful claiming you don t have documents.”(Exhibit B: Email from Orlando to Maybury 4/2/2024). On 4/3/2024, Maybury replied, admitting that he DOES have discoverable documents, but because he feels they aren’t relevant, he feels he does not have to comply with the two properly served subpoenas. “J have blocked all communications from the Orlandos Jor many months and discarded any mail before reading. You have no right to see anything of a personal nature that lacks relevance to your case. You aren t trustworthy.” (Exhibit C: Email from Maybury to Orlando 4/3/2024). On 4/4/2024, plaintiff’s counsel replied: “Since your email states you consulted an attorney regarding the subpoenas you were served, please have that attorney contact me to discuss. You were identified by the defendants as an essential witness in the above- referenced matter, which is why you were served with subpoenas for documents.”(Exhibit D: Orlando to Maybury letter). Orlando then went on to explain to Mr. Maybury that “discoverable” does not mean “relevant” and that he is not in a position to decide what he may choose to produce. “You are not a judge, and you not in a position to decide whether or not emails or documents in your possession should be produced.” Orlando also then listed the entire history of the plaintiff’s attempts to obtain documents from Mr. Maybury, which Mr. Maybury admits to “ignoring” or “discarding.” On 4/4/2024, Mr. Maybury responded, suddenly locating responsive documents, but continuing to refuse to provide them. “J am not obligated to read or receive your emails or mail from anyone I choose not to. As far as I am concerned, your correspondences are spam. I am not denying that I might have received or written emails. I have no emails referencing the “search terms” you identified in any form to anyone related to this case.”(Exhibit E: Maybury to Orlando 4/4/2024). Maybury then goes on in his email to detail his involvement in the matter, which he claims is limited-despite evidence in plaintiff’s possession to the contrary, and to continue to refuse to produce documents in his possession because he does not feel that he needs to. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 10. Plaintiffs counsel already has the following in his possession, evidencing Mr. Maybury’s involvement with the defendants in the run-up to their defamatory activity, and following the filing of this lawsuit. 11 One of the defendants’ defamatory remarks about the plaintiff is that she comes from a “crime family.” Given Mr. Maybury’s long-held dislike of the Orlando family, there is legitimate evidence that his conversations with Dr. Bjorlie may have sparked this particular defamatory comment, which is why his communications are discoverable in this matter: On May 24, 2023, Cynthia Bjorlie made a phone call to a member of the GRCC, claiming to have talked extensively with Maybury about Cynthia’s goal to remove Ashley Sullivan, and information that Maybury communicated to Cynthia about the Orlando family in relation to the issues within the GRCC. Witnesses report that Maybury called members of the GRcc in June and July to support the removal of Ashley Sullivan as chairwoman and became angry when members would not agree with him. On June 13, 2023, Cynthia Bjorlie wrote a letter to a group of people involved in the issue of removing Ashley Sullivan, referring to her conversations with Maybury in the previous weeks. Suit was filed in this matter on June 26, 2023. On July 27, 2023, Maybury emailed Ashley Sullivan, and referenced the ongoing disputes within the committee and referenced the Orlando family and this litigation. On August 7, 2023, Robin Hubbard emailed co-defendants and non party witnesses stating: “J am told that Rick M is a solid guy and wants to help.” On March 1, 2024, Maybury emailed Ashley Sullivan directly, and on the same day, Maybury emailed others about Ashley Sullivan. On or about March 3, 2024, non-party witness Kelly Secrest posted on social media, indicating her communication with Maybury about the discovery in this litigation and the subpoenas he had received. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 ¢ Maybury was actively engaged in reading each and every email from the Gloucester GOP committee during the time frame in which this dispute was coming to light in the spring of 2023. His engagement in reading each email is attached here as Exhibit F, Maybury Email Engagement with Gloucester GOP Email Account. Argument Richard Maybury’s correspondences to plaintiff's counsel contain a series of insults and threats, but also a series of admissions that he holds discoverable documents but feels that he does not have to produce them, merely because he does not want to. He also admits to ignoring all subpoenas, court orders, and motion practice in this litigation which related to him, merely because he personally does not like the sender. Despite two properly served subpoenas upon him, and a court order dated 9/19/2023, by Judge Barrett, Mr. Maybury writes that he believes that his feeling that he does not wish to be involved in this litigation is enough to thwart subpoenas and court orders for documents in his possession. Notably, Mr. Maybury does not cite any privilege which would protect him from supplying discovery where there is substantial evidence of his involvement as an essential witness, identified by the defendants in this matter in writing-as noted in plaintiff's counsel’s letter to him(Exhibit C). He also continues to maintain, and admit in writing, that he deleted discoverable material: . “T didn’t save all emails and correspondence with Cynthia or others...” (Exhibit C) . “Please note that I have blocked all communications from the Orlandos for many months and discarded any mail before reading.” (Exhibit C) “Tt appears you may have emails I may have received but did not save because they were irrelevant to me.” (Exhibit C) “T make decisions on a daily basis about what to read, what to block, and what to trash.”(Exhibit E) I can’t magically make long ago deleted files reappear”’(Exhibit E) Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 Though these claims of deletion contradict Maybury’s other claims that he has the material but refuses to produce it, it is notable that he claims to have deleted discoverable material, despite the letter from plaintiffs counsel that he received advising him against spoliation, sanctionable action. That letter was dated 6/28/2023, was sent prior to the issuance of subpoenas; and is attached here as Exhibit G. Wherefore, the plaintiff moves this Honorable Court to sanction Mr. Maybury as follows: 1 Issue an order compelling Maybury to produce all documents responsive to the topics in Judge Barrett’s order within 24 hours of the court’s order following this hearing; Issue an order compelling Maybury to produce his personal computer such that a computer analyst may search it for responsive documents on his hard drive, at Mr. Maybury’s cost; Issue an order compelling Maybury to reimburse plaintiff’s counsel for the hours of correspondence, cost, and motion practice employed to force Mr. Maybury to comply with court subpoenas and orders-see attached Affidavit of Joseph M. Orlando, Jr. 4. Any other sanction which the Court feels is just. Respectfully Submitted, Plaintiff by her Attorneys, /s/ Joseph M. Orlando Jr. JOSEPH M. ORLANDO JR. ESQ. BBO #680995 JOSEPH M. ORLANDO, ESQ. BBO #380215 Orlando & Associates 1 Western Avenue Gloucester, MA 01930 Ph: 978-283-8100 Fx: 978-283-8507 imorlandojr@orlandoassociates.com CERTIFICATE OF SERVICE I, Joseph M. Orlando Jr., Esq. attorney for the plaintiff herein, certify that I served the foregoing to counsel for the defendants: William E. Gens, Esq. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 Gens & Stanton P.C. 12 Ericsson Street 2"4 Floor Boston, MA 02122 billgens: enslawoffices.com On this 8" day of April, 2024. /s/ Joseph M. Orlando Jr., Esq. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT Concetta Orlando, Plaintiff Vv. Civil Action No. 2377¢v00627 Cynthia Bjorlie Nicole Coles Robin Hubbard Defendants AFFIDAVIT OF JOSEPH M. ORLANDO, JR. ESQ. lam a duly licensed attorney in the Commonwealth of Massachusetts; I have been practicing law for 14 years. My hourly billing rate is $350.00 per hour. The correspondence with non-party witness Maybury has taken me a total of 2 hours, which involved reviewing the case file as to all efforts made to subpoena discoverable materials from him; draft responses; email to him; and review his replies. The drafting of this Supplemental Memorandum took me 2 hours. The total hourly billing I have incurred in order to communicate with Maybury his duty to comply with subpoenas and court orders has been 4 hours at a cost of $1,400.00. Signed, under the pains and penalties of perjury this 8 day of April, 2024. /s/ Joseph M. Orlando Jr. JOSEPH M. ORLANDO JR. ESQ. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 EXHIBITA Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 From: Dr. Maybury Rick To: Cathy Arnold Ce: Subject: DOCKET NUMBER 2477CV00627 Date: Tuesday, April 2, 2024 1:02:52 PM Dear Ms. Arnold, I am in receipt of the subpoena noted above requesting "documents only, no need to appear." I have scoured my email and system files, including those in email trash that have not yet been emptied. I have no emails or other personal documents that pertain to the lawsuit or specifically mention Connie or Joe senior. Best, Rick Maybury Dr. Richard Maybury Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 EXHIBIT B Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 ale ORLANDO & ASSOCIATES Joseph M. Orlando, Jr., Esq Joseph M. Orlando, Esq. Brian S. McCormick, Esq Nolan R. Young, Esq TT THE SCALESIN YOUR LAVOR™ April 2, 2024 Richard “Rick” Maybury One Squam Hollow Rockport, MA 01966 rickmaybury757@gmail.com rmaybury@kjigs.org Re: Concetta Orlando v. Bjorlie, Coles, Hubbard Civil Action No. 2377cv00627 Dear Mr. Maybury: In response to your email of 4/2/2024, claiming to have no responsive documents to the 2 subpoenas which have been served upon you to date, please be advised of the following. The schedule A attached to the Subpoena and Notice of Deposition listed a number of discoverable topics, not just “that pertain to the lawsuit or specifically mention Connie or Joe senior.” That is not the scope of discovery, and since you are not a judge, it’s not up to you to decide whether a document in your possession should be produced. Here are the documents, court ordered by Judge Barrett on September 19, 2023, for you to produce(from March 1, 2023-April 30, 2024): The following documents are sought in accordance with the court’s order dated 9/19/2023: 1 All written, tangible, or electronic, communications, including, but not limited to letters, emails 9 text messages, memoranda, notes, agendas, or any other written document by, between, or inclusive of the deponent and the defendants: Cynthia Bjorlie, Nicole Coles, and Robin Hubbard. One Western Avenue @ Gloucester, Massachusetts 01930 ® Ph: (978) 283-8100 ® Fx: (978) 283-8507 firm@orlandoassociates.com ® www.orlandoassociates.com Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 All meeting notices, notes, or agendas for any meeting which included the deponent and any of the defendants. All written communication, including, but not limited to, emails, text messages, letters, social media private messages, social media posts, which include the following search terms: Concetta or Connie Orlando; Criminal Illegalities; Criminal Enterprise; Voter Fraud; Tax Fraud; Crime Family; Ashley Sullivan. Please be aware that because subpoenas were served on multiple individuals, we are already in possession of some of the communications you have had that are responsive to the subpoena. We also know that you regularly wrote to Ashley Sullivan, and about Ashley Sullivan to others, up to as recently as March 1, 2024. All communications which exist between you and ANY INDIVIDUAL, about the topics listed in a-g, are discoverable, and they have already been court ordered. ALL communications between you and any of the defendants are discoverable. You are being untruthful claiming you don’t have documents. Given your willful non-compliance, and current dishonest posture, I will be asking the Court to financially and civilly sanction you, if necessary, for your violation. Please produce ALL responsive documents by April 30, 2024. Otherwise, I will see you at the hearing on May 16, 2024. I’m doubtful that the Court will look kindly on you so flagrantly flouting Judge Barrett’s order. Very Truly Yours, /s/ Joseph M. Orlando Jr. Esq. JOSEPH M. ORLANDO JR. ESQ. JMOJR/caa One Western Avenue @ Gloucester, Massachusetts 01930 # Ph: (978) 283-8100 Fx: (978) 283-8507 firm@orlandoassociates.com # www.orlandoassociates.com Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 EXHIBIT C Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 From: Dr. Maybury Rick To: Cathy Arnold Cec: Subject: vO LETTER DATED 2 APRIL 2024 Date: Wednesday, April 3, 2024 5:33:44 PM Dear Ms. Arnold, Please note: STOP using my business email. Please note that I have blocked all communications from the Orlandos for many months and discarded any mail before reading. The only subpoena I have received and read was officially delivered on 2 April 2024. According to my attorney, I don't have to give you any personal correspondence that has no relevance to this case. I have a long history with Dr. Bjorlie. She was once my doctor and is engaged in several personal matters with me. Upon reviewing the one letter that I have to Ashley, that was a personal and supportive letter that is far from relevant to this case. Again, you have no right to see anything of a personal nature that lacks relevance to your case. You aren't trustworthy. If the court wants to appoint a confidential intermediary to look at personal correspondence to ensure privacy and relevance, I am happy to share. I didn't save all emails and correspondence with Cynthia or others; apparently, you have correspondence I did not save. If you already have correspondences that I did not save, then why do you need them yet again from me? You had the opportunity to ask me about relevant information in person but chose to ask just for my saved correspondence. Employing your defined "search terms" brought up not a single document on my system related to this case. Thave no relationship with Robin Hubbard and a very limited acquaintance with Nichole Cole. Further, I am not part of the PAC or the GRCC and have no inside information. I could not possibly have any information that offers additional insights and fodder than that which you have already collected from Cynthia and the others. Again, it appears you have emails I may have received but did not save because they were irrelevant to me. Why not just ask me about them or anything else that is on your mind? I take offense to your claim of "untruthfulness," etc. I sent you what I have and am prepared to demonstrate that to the judge. I can not send you that which I don't have. If necessary, I will also be looking to sue for compensation if I have to hire an attorney and lose revenue in this process. I am finding your communication to be hostile, threatening, inappropriately intrusive, bullying, and harassing. Considering my lack of participation and involvement with the activities for which you are suing, I can't help believing this is an attempt at intimidation because of my involvement with the child rape indictment regarding Amanda's fiance. If it continues, I will file a complaint with the DA. If you have questions, then ask me. Joe, we have known each other for a long time, longer with your father. Act like a professional, not someone who seeks dominance through vacuous intimidation. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 Best, Rick Dr. Richard Maybury Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 EXHIBIT D Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 ORLANDO & ASSOCIATES Joseph M. Orlando, Jr., Esq Je — Joseph M. Orlando, Esq. Brian S. McCormick, Esq @! Nolan R. Young, Esq. “TIP THE SCALESIN YOUR FAVOR™ April 4, 2024 Richard “Rick” Maybury One Squam Hollow Rockport, MA 01966 tickmaybury757@gmail.com rmaybury@kjigs.org Re: Concetta Orlando v. Bjorlie, Coles, Hubbard Civil Action No. 2377cv00627 Dear Mr. Maybury: This letter is in response to the email you sent to my paralegal, Cathy Arnold, on 4/3/2024. Since your email states that you consulted an attorney regarding the subpoenas you were served, please have that attorney contact me to discuss, and please share this correspondence with him/her for reference. You were identified by defendants as an essential witness in the above-referenced matter, which is why you were served with subpoenas for documents. As you are aware, this lawsuit originated from a dispute amongst a political committee which resulted in the defendants defaming Mrs. Orlando. On May 24, 2023, Cynthia Bjorlie made a phone call to a member of the GRCC, claiming to have talked extensively with you about Cynthia’s goal to remove Ashley Sullivan, and information that you communicated to Cynthia about the Orlando family in relation to the issues within the GRCC. On June 13, 2023, Cynthia Bjorlie wrote a letter to a group of people involved in the issue of removing Ashley Sullivan, referring to her conversations with you in the previous weeks. Suit was filed in this matter on June 26, 2023. Witnesses report that you called members of the GRCC to support the removal of Ashley Sullivan as chairwoman. On August 7, 2023, Robin Hubbard emailed co-defendants and non party witnesses stating: “J am told that RickM is a solid guy and wants to help.” On March 1, 2024, you emailed Ashley Sullivan directly, and on the same day, you emailed others about Ashley Sullivan. We also have a social media post by non-party witness Kelly Secrest, indicating her communication with you about the discovery in this litigation and the subpoenas you had received. These documents have been produced to us in the course of discovery demonstrating your involvement and consistent communications with the defendants and others over the past year. Based upon the documents already in our possession, it’s clear that there are more discoverable documents in your One Western Avenue ® Gloucester, Massachusetts 01930 Ph: (978) 283-8100 Fx: (978) 283-8507 firm@orlandoassociates.com ® www.orlandoassociates.com Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 possession, which Judge Barrett already ordered you to produce. Again, I believe it would be helpful for you to have your attorney contact me to discuss. None of the above has anything to do with Russell Morris and the unrelated charges against him. If you have further questions regarding the Morris matter, I refer you to Mr. Morris’ defense attorney, John Morris. The reason we know both of your email addresses, is because some documents have already been produced to us containing emails from you on discoverable topics for this litigation. It is because you were ignoring all correspondence to your personal email address for nearly a year, that we added your professional email address to our correspondence to you. We are aware, and you seem to confirm in your 4/3/2024 email, that more documents exist that are in your possession. You are under order from Judge Barrett to produce same. The pertinent history is as follows: On June 28, 2023, our office sent you a letter, via your personal email address listed above, and in the post mail, advising you that you had been identified as a witness in this matter, and advising you of the penalties of spoliation of evidence. See letter, attached as Exhibit A. On July 26, 2023, you were properly served with a Subpoena and Notice of Deposition at your home. I’m attaching the return of service from the Essex County Sheriff's Department as Exhibit B, and the materials served upon you, as Exhibit C. The subpoena refers to the Schedule A, listing discoverable documents for you to produce. On August 25, 2023, we sent you a letter to your home, and your personal email address, enclosing our Motion to Compel documents based upon your non-response. That letter and motion is attached here as Exhibit D. On August 31, 2023, we sent you a letter to your home, and your personal email address, enclosing a Supplemental Memorandum to our Motion to Compel. That letter and supplemental memorandum is attached here as Exhibit E. On September 19, 2023, there was a hearing in this matter, at which you did not appear. After the hearing, Judge Barrett ordered all of the non party witnesses who had received subpoenas-which included you-to produce documents in line with his order. On September 21, 2023, we sent you a letter to your home and to your personal email address, enclosing Judge Barrett’s order, which required you to produce the discoverable documents within 60 days, or November 19, 2023. That letter and enclosed order is attached here as Exhibit F. On November 20, 2023, because you had failed to reply or produce documents, we sent you a letter to your home and personal email address, enclosing a second Motion to Compel and Request for Sanctions from you. That letter and motion are attached here as Exhibit G. On December 4, 2023, we sent you a letter to your home and both of your email addresses, enclosing One Western Avenue ® Gloucester, Massachusetts 01930 @ Ph: (978) 283-8100 @ Fx: (978) 283-8507 firm@orlandoassociates.com ® www.orlandoassociates.com Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 the 9A documents evidencing filing of the Motion to Compel and for Sanctions from you. See Exhibit H, Letter and 9A Documents. On December 22, 2023, we sent you a letter to your home and both of your email addresses, informing you of the hearing date for the Motion to Compel and for Sanctions. See Exhibit I. The court pushed the hearing until April 11, 2024. On March 22, 2024, I emailed you and the other non party witnesses, informing you that the Defendants’ attempt to have the case dismissed had failed, and that you were still required to produce documents. I also included the information that the court had re-scheduled the hearing on the Motion to Compel for May 16, 2024. See Email Exhibit J. On April 2, 2024, you were served with a second subpoena for documents. Please be aware that “discoverable” does not mean “relevant.” You are not a judge, and you are not in a position to decide whether or not emails or documents in your possession should be produced. Any email between you and Dr. Bjorlie, or you and any other individual, on any topic in the time period(March 1, 2023-April 30, 2024) IS discoverable. Any email in which you reference “Ashley Sullivan” or any of the other search topics IS discoverable, whether or not the email is about the instant litigation or some other topic. If the document references “Ashley Sullivan,” or “crime family” or “tax fraud” or “voter fraud” or any other topic in Judge Barrett’s order, then it is discoverable. If you have further questions, please do not hesitate to contact me, or have your attorney contact me. Please be aware that the documents from the first subpoena are months overdue, and the documents listed in the second subpoena are due by April 30, 2024. Very Truly Yours, /s/ Joseph M. Orlando Jr. JOSEPH M. ORLANDO JR. ESQ. JMOJR/caa One Western Avenue ® Gloucester, Massachusetts 01930 @ Ph: (978) 283-8100 Fx: (978) 283-8507 firm@orlandoassociates.com ® www.orlandoassociates.com Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 EXHIBIT E Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 From: Dr. Maybury Rick To: Subject: Re: Orlando, Concetta vs. Cynthia Bjorlie et al Date: Thursday, April 4, 2024 4:32:54 PM Attachments: ‘Knowles Johnson Institute of Graduate Studies Mall - THANK YOU! pdf ‘Gmail - DIFFICULT TIMES.pdf Cat, In response to the attached mail. First, please show me the signed service of the subpoena you said was served by the sheriff. I have no record of receiving anything. Thave no idea exactly what you have sent or have purported to send. Once again, I am not obligated to read or receive emails or mail from anyone I choose not to. As far as I am concerned, your correspondences are spam. I make decisions on a daily basis as to what to read, what to block, and what to trash. I don't have time for nonsense. Regarding the emails you are referencing in your letter, I am not denying that I might have received or written emails. I am saying that I am not in possession of any of them. I receive 200-300 emails a day. I don't save those that I don't think are relevant to my business. As I said before, if you have questions about them, I am willing to have the conversation to the best of my memory. Between the dates you established, I have attached the only email I have on file between myself and Cynthia, which was in a business file. I included the letter to Ashley that you apparently already have. I hope it helps. Since you brought it up once again...I have no emails referencing the "search terms" you identified in any form to anyone related to this case. In general, I can tell you briefly that my political conversations with Cynthia mainly were regarding the history of the GRCC and the origination of the bylaws that Luke and I re- established and created. I was a historical reference with experience, and I also suggested contacting other founding members from those years. Ihave a VERY tangential connection to this ridiculousness, and I do believe your motivation in part is to intimidate me as a surrogate for your sister and her indicted fiance. Your language and personal character attacks in your last letter were not those of a respectful professional litigator simply looking for the truth. They were a bully with a stick. Clearly, there are other driving forces behind your vitriolic attacks, and I have been advised to contact the DA. This prior paragraph has particular contextual interest since you keep claiming you have emails to and from me already; for what reason other than as a vehicle of attempted intimidation would you continue to threaten me to provide you with documents that I obviously don't still possess? Precisely so since I have been willing to be deposed in person to answer any questions or fill in the blanks you might have. My preference is to step away from this mess. Once again, to be very clear, I have given you everything I have found on file. I can't magically make long-ago deleted files reappear. I don't Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 expect to hear any more about this unless you choose to have a conversation to garner more information. Best, "Dr." Maybury PS Ona private and personal note, between you and I, who have known each other for quite awhile. From what little I know, I am shocked that you are exposing your parents to the potential consequences of bringing to light stuff better left alone. Your Mom is a delightful, warm, kind person. She is also a strong woman who I have always liked and respected. I can't believe that words that may have been spoken in a heated political arena affect her. I have been around politics for over 50 years; whatever had been said would have long ago dissipated into the ether if left alone. From an outside observer, seemingly using your mother as a political pawn is shameful and strikes of narcissistic ego, not defense of a loved one. My best to your Mom. Dr. Richard Maybury On Thu, Apr 4, 2024 at 2:07 PM Cathy Arnold wrote: Please see attached. Cat Arnold, Paralegal Orlando & Associates, PC One Western Avenue Gloucester, MA 01930 Ph: (978) 283-8100 Fx: (978) 283-8507 CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contained privileged and confidential information. Any unauthorized review, use, disclosure, or distirbution is prohibited. If you received this email in error, please notify me immediately by return mail. Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 EXHIBIT F Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 Richard Maybury Email Subscribed Added by Site Owner on Sep 13, 2015 + Edited Sep 13, 2015 at 8:11am EDT Details Engagement Notes (0) Campaign channel Lists Email address rmaybury@ppg-i.com General Interest Subscribed by you on Sep 13, 2015 at 8:11am EDT Basic details First name Richard Last name Maybury Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 Richard Maybury Email Subscribed Added by Site Owner on Sep 13, 2015 + Edited Sep 13, 2015 at 8:11am EDT Details Engagement Notes (0) This shows data for the last 100 emails sent in the past five years. Recent activity Email summary Apr 4, 2024 Emails sent 168 5:37pm. Opened - Email - "MassGOP Re Org” on other device type Average open rate 86% 5:35pm Opened - Email - “MassGOP Re Org” on other device type Average click rate 18% 5:26pm Was sent - Email - “MassGOP Re Org” 4:59pm Opened - Email - “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on Emails bounced 32 other device type Apr 2, 2024 4:45pm + Opened - Email "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type 2:33pm - Opened - Email “Untitled Email Created 2024/03/01, 7:57:46 AM EST” on other device type 2:14pm + Opened - Email "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type 11:44am - Opened - Email “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type Mar 30, 2024 5:35am + Opened - Email “Untitled Email Created 2024/03/01, 7:57:46 AM EST“ on other device type Mar 28, 2024 2:19pm + Opened - Email “Re-Org" on other device type 2:01pm + Opened - Email “Re-Org" on other device type Mar 27, 2024 9:22pm + Opened - Email - “Re-Org" on other device type 4:59pm + Was sent + Email + "Re-Org" Mar 13, 2024 1:09pm - Opened - Email - "Vote Today" on other device type 1:09pm + Opened - Email - “GRCC Meeting Reminder and Forum” on other device ty pe a Date Filed 4/9/2024 8:48 AM Superior Court - Essex Docket Number 2377CV00627 Richard Maybury Email Subscribed Added by Site Owner on Sep 13, 2015 + Edited Sep 13, 2015 at 8:11am EDT Details Engagement Notes (0) Mar 13, 2024 1:09pm - Opened + Email - “Vote Today” on other device type 1:09pm - Opened - Email - "GRCC Meeting Reminder and Forum" on other device ty pe Mar 12, 2024 6:48pm - Opened - Email - "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type Mar 6, 2024 8:29pm + Opened - Email - "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type Mar 5, 2024 6:06pm + Opened - Email - “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on desktop device 6:04pm + Opened - Email - "Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type 6:03pm - Opened - Email « “Untitled Email Created 2024/03/01, 7:57:46 AM EST" on other device type 8:07am + Opened - Email « "Vote Today” on other device type 7:01am + Was sent - Email - "Vote Today” Mar 4, 2024 2:44pm + Opened - Email - “Untitled Email Created 2024/03/04, 1:23:31 PM EST" ono ther device type 2:43pm + Opened - Email - “Untitled Email Created 2024/03/04, 1:23:31 PM EST" on o ther device type 2:35pm + Was sent - Email - “Untitle