Mark Crosswhite, CEO of Alabama Power, is among nine non-parties to be noticed this week of subpoenas to appear for video depositions in the $75-million lawsuit of former Drummond Company executive David Roberson and his wife, Anna.
Burt Newsome, the Robersons' attorney, also noticed Alabama Power, through director of risk services and Balch and Bingham partner Teresa G. Minor, of requests for production of documents related to the Roberson lawsuit. (The Minor subpoena is embedded at the end of this post.)
Other prominent names to be noticed on deposition subpoenas are Drummond president and COO Richard Mullen, former Drummond CEO Mike Tracy (who retired in October of this year), Chairman Michael A. Drummond, board member John Drummond, and former Balch Bingham partner Steven G. McKinney (who was indicted in the North Birmingham Superfund scandal but had criminal charges dropped).
Rounding out those noticed on deposition subpoenas are Patrick Runge, environmental attorney with King and Spalding in Atlanta; and Michael Talmadge Simpson, environmental attorney in Birmingham. The depositions are scheduled from December 22, 2020, to January 20, 2021.
The request for production of documents to Alabama Power (via Teresa G. Minor) gets to some of the meatiest matters in the Roberson case. They include:
1. State the name, personal address and telephone number of each ALABAMA POWER COMPANY employee who:
(a) Had communications of any type with, or in the presence of, the Plaintiff, David Roberson, and/or Defendants, Drummond Company, Inc., and Balch & Bingham, LLP, regarding the North Birmingham Superfund Site and/or the legality of the scheme.
(c) Had communications with anyone regarding the Oliver Robinson Foundation’s involvement with the North Birmingham Superfund Site and/or in the scheme.
(c1) State the date and location of each such communication, the names of the participants in that communication, and summarize the substance of each such communication.
(d) Had communications with anyone from the U.S. Attorney’s Office regarding the Roberson/McKinney/Gilbert trial and/or any agreement that ALABAMA POWER COMPANY could not be mentioned at said trial.5. Produce all documents and electronically stored information (including emails) of ALABAMA POWER COMPANY’s communications with U.S. Attorney’s Office.
6. Describe in detail the meeting of former U.S. Attorney, Jay E. Town, ALABAMA POWER COMPANY CEO, Mark A. Crosswhite, and Mike Cole shown by photographs attached as Attachment II.
(a) State the date and location of said meeting.
(b) State the names of all participants who attended said meeting.
(c) State the reason for said meeting.
(d) State in detail the discussions during said meeting.
7. Produce all legal memoranda and/or electronically stored information relating to the issue of the legality of the scheme and/or Balch & Bingham’s plan to defeat the EPA.
12. Produce all documents and electronically stored information (including emails) relating in any way to interactions, agreements, communications with anyone regarding the North Birmingham Superfund Site, Alliance for Jobs & the Economy, Inc. (“AJE”), the Environmental Protection Agency, Oliver Robinson, the Oliver Robinson Foundation, Trey Glenn, Scott Phillips, Southeast Engineering & Consulting, LLC, STRATA, and/or any entities owned or associated with Trey Glenn and/or Scott Phillips and/or the scheme described in paragraphs 7 thorough 30 of Plaintiffs Third Amended Complaint.
13.Produce any and all communications of any type whatsoever from any employee or representative of ALABAMA POWER COMPANY to former US Attorney, Jay E. Town and/or the U.S. Attorney’s office regarding the scheme and/or the criminal proceedings associated with the scheme and/or the North Birmingham Superfund Site and/or David Roberson.
14.Produce any and all communications from any employee or representative of ALABAMA POWER COMPANY to Trey Glenn or Scott Phillips regarding the scheme, Balch & Bingham, the North Birmingham Superfund Site and/or the criminal proceedings associated with the scheme.
15.Produce any and all communications of any type or form whatsoever between an employee of ALABAMA POWER COMPANY and Southern Company and/or ALABAMA POWER COMPANY, Balch & Bingham, LLP, the Alliance for Jobs & the Economy, Inc., Oliver Robinson, the Oliver Robinson Foundation, regarding the scheme, the North Birmingham Superfund Site, Balch & Bingham’s plan to defeat the EPA regarding the North Birmingham Superfund Site, ADEM and/or the criminal proceedings associated with the scheme.
16.Produce any and all communications of any type whatsoever to and/or from any and all members of the Alliance for Jobs & the Economy, Inc. regarding the North Birmingham Superfund Site, the scheme, the EPA, ADEM, David Roberson and/or Balch and Bingham’s plan to defeat the EPA regarding the North Birmingham Superfund Site.
17. Produce any and all information, records and documents in your possession surrounding the North Birmingham Superfund Site, AJE, the Environmental Protection Agency, Oliver Robinson, the Oliver Robinson Foundation Trey Glenn, Scott Phillips, Southeast Engineering & Consulting, LLC, STRATA and for any entities owned or associated with Trey Glenn and/or Scott Phillips.
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