IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA

ROANOKE DIVISION

MOUNTAIN VALLEY PIPELINE, LLC, )

)
Plaintiff, )
)
)
v. )
)
EASEMENTS TO CONSTRUCT, OPERATE, AND ) Case No. 7:17-cv-492-EKD
MAINTAIN A NATURAL GAS PIPELINE OVER )
TRACTS OF LAND IN GILES COUNTY, CRAIG )
COUNTY, MONTGOMERY COUNTY, ROANOKE )
COUNTY, FRANKLIN COUNTY, AND )
PITTSYLVANIA COUNTY, VIRGINIA, et al. , )
)
)
Defendants.

REPLY TO MVP’S RESPONSE TO THE TERRYS’ MOTION FOR SECURE

ATTORNEY/CLIENT COMMUNICATIONS
MVP’s solution to secure the constitutionally protected right of attorney/client

communications is for Red and Minor1 to completely submit to MVP’s demands, as is glibly

stated in its Response: “If the Terry treesitters want to talk with their lawyers, all they have to do

is come down.” Civil contempt is not used for punitive goals (unlike criminal contempt) but to

ensure prospective compliance at which time the civil contempt motion is almost universally

dismissed. See, e.g., Consolidation Coal Company v. Local 1702, United Mine Workers of

America, 683, F.2d 827, 830 (4th Cir. 1982) (“[T]he exercise of civil contempt is to coerce future

behavior.”). MVP is demanding complete submission by the “treesitters” to its legal demands

prior to consultation with counsel, much less the opportunity to be heard by this Court. We

simply ask that Red and Minor be accorded the right of any American citizen – to consult with

counsel in a secure and confidential manner before being forced to make a legal decision.

1
Counsel for MVP complains the Terrys used first names in its motion to differentiate between the parties. As
named in the original Complaint, all five parties have the last name of Terry so the use of first names seems to be a
convenient method for identification.

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 As stated in the Terrys’ original motion, Roanoke County Police (“RCP”) provided

Minor with a phone that had been reengineered by the RCP to only be responsive to RCP

personnel and a single phone number associated with counsel in a potential civil case not

associated with this federal case. In order to ensure security and confidentiality, we do not want

to accept a phone that has been reengineered by law enforcement agencies who are pursuing

state criminal charges against Red and Minor.2 The simple, obvious and fastest solution is for

counsel to supply phones to their clients – there is no reason or need for MVP or law

enforcement officers to be involved in this process.

Finally, up until this point, the law enforcement/MVP security details have not allowed

any non-law enforcement officer/MVP personnel to approach within 50+/- feet from the

treehouses, nor have the security details allowed any non-law enforcement officer/MVP

personnel to give any item to Red and Minor. A Court Order is required to loosen this restriction

for counsel.

In accordance with the reasons stated above, the Terrys request the Court to enter an

Order 1) allowing counsel to approach the base of the treehouses; 2) provide Red and Terry with

cell phones and chargers; and, 3) to allow attorney/client materials to be transferred between

Red, Minor and counsel without disclosure to or inspection by law enforcement officers and

MVP.

2
Red and Minor are currently charged with misdemeanor trespass, interference with property rights and obstruction
offenses in Roanoke County.

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 Respectfully submitted,

THERESA ELLEN “RED” TERRY, THERESA

MINOR TERRY, JOHN COLES TERRY III;
FRANK H. TERRY, JR.; AND ELIZABETH
LEE TERRY

By: /s/Thomas J. Bondurant, Jr.

Of Counsel

Thomas J. Bondurant, Jr. (VSB No. 18894)

Justin M. Lugar (VSB No. 77007)
Mia Yugo (pending pro hac vice motion)
GENTRY LOCKE
900 SunTrust Plaza
P.O. Box 40013
Roanoke, Virginia 24022-0013
(540) 983-9300
Fax: (540) 983-9400
Bondurant@gentrylocke.com
jlugar@gentrylocke.com
yugo@gentrylocke.com

Counsel for Defendants

CERTIFICATE OF SERVICE
I hereby certify that on April 23, 2018, I electronically filed the foregoing document with
the Clerk of the Court using the CM/ECF system which will send notification of such filing to all
counsel of record.
By: /s/Thomas J. Bondurant, Jr.
Of Counsel

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