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Armstrong nuke site owner wants judge to force activist to comply with subpoena
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By Jodi Weigand
Published: Thursday, November 15, 2012, 12:26 a.m.
Updated: Thursday, November 15, 2012
Nuclear waste site owner Babcock & Wilcox wants a federal court judge to affirm a ruling ordering Leechburg environmental activist Patty Ameno to comply with a March subpoena to provide documents.
The documents relate to Ameno's work with Motley Rice, the law firm representing Kiski Valley resident Michelle McMunn. McMunn and other plaintiffs claim that radioactive emissions from two former nuclear fuel plants in Apollo and Parks caused cancer in nearby residents.
Defendants B&W and Atlantic Richfield operated the plants.
B&W filed the request on Tuesday in federal court in Pittsburgh in response to Ameno's Oct. 31 objection to the federal magistrate judge's order.
Motley Rice is defending Ameno, whom the firm hired in the winter of 2010-11 as a clerk or paralegal to assist potential plaintiffs with paperwork. She is not a plaintiff in the McMunn case.
In the Tuesday filing, B&W reiterated claims that Ameno destroyed evidence and is “cloaking her conduct with improper claims of attorney-client privilege.”
B&W alleges Ameno destroyed documents, specifically emails with plaintiffs and invoices with Motley Rice, in violation of the March subpoena; it disputes Ameno's claim that some of the documents are protected by attorney-client privilege and that she and Motley Rice “engaged in obstructive conduct” at a Sept. 5 deposition.
Motley Rice attorney Jonathan Orent did not return calls seeking comment.
He previously told the Valley News Dispatch that Ameno fully complied with obligations under the subpoena.
Jodi Weigand is a staff writer for Trib Total Media. She can be reached at 724-226-4702 or jweigand@tribweb.com.
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What is this woman trying to do? Play Erin Brockovich? Yes, I have read the studies, Yes I know that there is an abnormally high instance of Cancer in the area, I worked Hospice in that area for years! But this woman NEEDS to provide the documents requested, (keeping copies for herself of course) and by all means she had NO RIGHT TO DESTROY EVIDENCE IF SHE DID, SHE IS ONLY GOING TO HURT THE PEOPLE SHE IS TRYING TO HELP IN THE END IF SHE DID THIS!!! Also a clerk or paralegal does not have an attorney/client privilege. Only a licensed attorney has that. So she is totally in the wrong, I commend her for trying to help these people, I saw too many Cancer patients in that area, young and old for it to be a coincidence that so many had different types of Cancer in such a small geographical area. I totally believe the radioactive fuel plants in that area totally had something to do with the high rate of cancer in that area, but the place to prove it is in court! With ALL the proper documentation, not only the stuff certain people want seen, but get EVERYTHING on the table to be analyzed by independent experts!! That is the only way this will ever truly be settled!!!
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