In April 2005, Plaintiffs issued a subpoena to Jon Buell and the Foundation for Thought and Ethics, located in Richardson, TX. An NCSE staffer, Nick Matzke, suspected (based on material in NCSE's archives) that a 1987 draft manuscript of "Pandas" known as "Biology and Origins" would use the term "creation" instead of "intelligent design." The Plaintiffs issued a subpoena for "Biology and Origins" and any other drafts or material relating to the publication of "Pandas." FTE filed a motion to quash the subpoena in the Northern District of Texas. The motion was denied and the subsequent FTE production included five drafts of "Pandas" that later became key evidence at trial: "Creation Biology" (1983), "Biology and Creation" (1986), "Biology and Origins" (1987), "Of Pandas and People" (a 1987 creationist version), and "Of Pandas and People" (a 1987 "intelligent design" version). Also produced was a draft of the "Pandas" Overview Chapter written by Nancy Pearcey; this was entered into evidence at a July 14, 2005 hearing where Jon Buell testified in support of FTE's motion to intervene. Judge Jones later wrote in his decision that these drafts were "astonishing" evidence showing that "intelligent design" was just "creationism re-labeled" after the Supreme Court's 1987 Edwards v. Aguillard decision against "creation-science."

Attachment	Size
2005-04-22_notice_of_deposition_Buell.pdf Plaintiffs' notice of deposition to FTE founder and President Jon Buell.	64.79 KB
2005-04-22_subpoena_to_FTE_and_Buell.pdf Plaintiffs' subpoenas to Jon Buell and FTE for drafts of "Pandas."	251.96 KB
2005-05-09_FTE_motion_quash_subpoena.pdf FTE motion in the Northern District of Texas to quash subpoenas.	868.1 KB
2005-05-23_Ps_brief_opposing_FTE_motion_to_quash.pdf Plaintiffs' response to FTE motion to quash subpoenas.	448.6 KB
2005-06-03_FTE_reply_brief_quash_subpoenas.pdf FTE's reply to Plaintiffs' response.	478.9 KB
2005-06-08_order_conference_FTE_subpoena.pdf Order for June 10 conference call.	20.7 KB
2005-06-13_Ps_subpoena_to_Thaxton.pdf Plaintiffs' subpoena to Charles Thaxton, Academic Editor for "Pandas."	170.07 KB
2005-06-14_order_FTE_subpoena_quash_denied.pdf Judge in Texas denies FTE's motion to quash the subpoena.	78.46 KB
2005-07-01_notice_deposition_Thaxton.pdf Plaintiffs' notice of deposition to Charles Thaxton.	53.57 KB