​​Motion to Extend the Protective Order (Doc 20)

Motion to Extend the Protective Order (Doc 20)
Reading below, you'll see how Marty and Mr. X try to force me to mediation.  Funny how months and months after trying, when they saw a petition that had sticking power, they resorted to trying to push it out via mediation.  However, if you recall, I had sent an email requesting mediation (for custody) in April by total fluke.  Their non-responsiveness, in the Judge's own words, "Forced [me] to litigate."
Additionally, Marty didn't address the Concealed Income Count.  Unfortunately, the Judge gave him more time, even though Marty totally missed his 28-day response window.  

Judgement for the Dissolution of Marriage

IN THE CIRCUIT COURT OF XXXXXXXXX COUNTY, XXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

RESPONSE TO XXXXXXXXX MOTION TO QUASH OR ALTERNATIVELY LIMIT SUBPOENA REQUESTS AND FOR A PROTECTIVE ORDER SUPERVISING DISCOVERY

NOW COMES the Subpoena Respondent, XXXXXXXXX, individually and on behalf of XXXXXXXXX by and through her attorneys, XXXXXXXXX, LLP, and pursuant to Supreme Court Rule 201, Section 1101 of the XXXXXXXXX Code of Civil Procedure and the relevant case law hereinafter presented, move this Court to Extend the Protective Order entered on October 14, 2014 and in support thereof states as follows:

Introduction

Upon information and belief, on or about March 3, 2009, this Court entered an order dissolving the marriage between the parties to this matter, XXXXXXXXX ("XXXXXXXXX ") and  XXXXXXXXX ("XXXXXXXXX "). On or about May 3, 2014, XXXXXXXXX filed and Amended Petition for Modification of Child Support seeking to increase XXXXXXXXX's child support obligation.  In the process of prosecuting her Amended Petition, XXXXXXXXX has repeated acted to evade the personal, private information of persons and entities not involved in this dispute, has been associated with persons making harassing phone calls resulting in police involvement, and, upon information and belief, caused or been associated with persons who have caused physical damage to the property of others being brought into this dispute, specifically  XXXXXXXXX.

Background Information

1) XXXXXXXXX hereby repeats and realleges the allegations set forth in her Original Motion seeking a protective order filed on July 11, 2014 as though fully set forth herein.  A copy thereof is attached hereto as Exhibit A.

2) It is important to recognize that neither XXXXXXXXX nor her company,  XXXXXXXXX, is a party to this action.  She has no personal interest in the outcome of these proceedings.

3) Notwithstanding this, XXXXXXXXX has engaged in a relentless pattern of behavior designed solely to harass  XXXXXXXXX, destroy her business relationship with her customers and to repeatedly invade her privacy.  To wit:

A) Posting negative Internet blogs about XXXXXXXXX

B) Leaving harassing messages on XXXXXXXXX's phone - or claiming that her mother used her phone to do so; and

C) Upon information and belief, letting air out of  XXXXXXXXX's tires.

4) In addition to issuing subpoenas through the Court to more than half of  XXXXXXXXX regular clients,  XXXXXXXXX has gone so far as to personally appear at the client's place of business in order to dig into  XXXXXXXXX's personal business and to argue with the client regarding the nature of her business.

Note:  Of course the lies contained herein are disgusting.  But there is a smidge of truth.  I did post a negative blog about them.  My mom did leave a message on Mr. X's cellphone.  However, I didn't let the air out of anyone's tires.  Nor did I show up at anyone's business and argue with him or her.  I wonder if they got someone else to lie for them now too.

5) As a result of XXXXXXXXX's behavior, XXXXXXXXX has lost regular bookings and has had to repeatedly apologize and explain the source of these harassing inquiries to her regular clients in order to negate the effects of  XXXXXXXXX's behavior.

Note:  It's still amazing to me that people can say whatever they want and sign off on it as if it were true.  But most importantly, G'friend wasn't able to prove any of these things (of course, because they were all lies and eventually would be revealed as such).

The Proceedings

6) During the course of these proceedings, following an argument on XXXXXXXXX Motion seeking, among other relief, a protective order, this Honorable Court issued a ruling from the bench directing, in relevant part, that further discovery against XXXXXXXXX be supervised and that no additional subpoenas be issued without leave of court.  The Court further clearly directed that any documents produced be kept in the possession of XXXXXXXXX's attorney and not turned over to XXXXXXXXX personally.

7) Unfortunately, the order, which was entered, did not accurately reflect this Court's direction.

8) Despite XXXXXXXX's objections to the order drafted and prepared by XXXXXXXXX counsel for XXXXXXXXX, he proceeded to present the order to the Court for entry.  A copy of this order is attached hereto as Exhibit B.

Note: Even attorneys lie.  G'friend's attorney dragged her feet for weeks saying she was drafting the order, forcing Karl to get it done so that we could move forward.  Then, she didn't show up for court the day the order was entered.  Now, she was crying foul.  Total B.S.

9) In an effort to address some of her concerns, XXXXXXXXX's counsel, Ms. XXXXXXXXX presented a supplemental order, which was also entered by this Court.  A copy of this order is attached hereto as Exhibit C.

10) Notwithstanding clear communication between the attorneys that Mr. XXXXXXXXX was unavailable on October 22, 2014 for further proceedings, Mr. XXXXXXXXX also entered an order rescheduling the matter for that very date.

11) After recognizing that such an order had been entered, Ms. XXXXXXXXX repeatedly attempted to reach Mr. XXXXXXXXX in order to schedule a mutually agreeable date. Mr. XXXXXXXXX declined to respond to any voice message or text message.

Note: Super Bowl Jackie basically tried to accuse Karl of obstructing her efforts (the surrounding 11-15). Fortunately, the Judge knew that Karl was one of the most honest attorneys out there and wouldn't do this crap.  However, I'm still amazed that the Judge didn't call out the other attorneys when he saw their lies.  Both Marty and Super Bowl Jackie tried to pass off their lies as truth orally and in writing.  Crazy!

12) After being made aware of both the conflict and this lack of communication, the Court indicated that it would be available on October 20, 2014 in order to resolve any dispute between attorneys and directed that the attorneys appear at that time.  This direction was promptly conveyed to Mr. XXXXXXXXX and he agreed to appear on that date.

13) For whatever reason, Mr. XXXXXXXXX  failed to appear, check in with the Court's clerk or otherwise communicate with counsel regarding his status until well after the morning had passed.  Contrariwise, Ms. XXXXXXXXX had appeared, checked in with the clerk and waited in the courtroom until almost 11:30 am before she finally left upon recognized that the counsel was not going to appear.

14) Knowing full-well that Ms. XXXXXXXXX was unavailable on October 22, 2014, Mr. XXXXXXXXX appeared and apparently made an oral motion to modify the protective order that had not been previously entered.

15) Immediately thereafter, Ms. XXXXXXXXX issued seven additional subpoenas to XXXXXXXXX's clients.  Exactly as feared and represented in XXXXXXXXX's Motion to Quash,  XXXXXXXXX continued to needlessly target XXXXXXXXX's professional relationships.

Note:  These were the additional subpoenas that we issued to all of the local clients of ABC Gear we could find.  We knew Marty and Super Bowl Jackie would try to quash them, so we got leave from the Judge ahead of time.

Need for Additional Protective Order

16) Supreme Court Rule 201(c) provides in relevant part as follows:

(1) Protective Orders.  The court may at any time on its own initiative or on motion of any party or witness, make a protective order as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression.

(2) Supervision of Discovery.  Upon the motion of any party or witness, on notice to all parties, or on its own initiative without notice, the court may supervise all or any part of any discovery procedure.

The Protective order should be expanded to protect all information relating to  XXXXXXXXX and/or  XXXXXXXXX, which has been subpoenaed or otherwise disclosed in this matter.

17) Neither XXXXXXXXX nor XXXXXXXXX has any interest in these proceedings.  Any information disclosed or obtained by subpoena from any other source should be kept private in order to prevent "...unreasonable annoyance, expense, embarrassment, disadvantage, or oppression."

Note:  Something about the above just seems wrong.  G'friend committed fraud.  Why should anyone be concerned about causing her "...annoyance, expense, embarrassment"?  All of these things seemed like reasonable "punishment" she should suffer.

18) XXXXXXXXX has already demonstrated her willingness and proclivity to discuss these private matters, including private matters specifically relating to XXXXXXXXX and XXXXXXXXX, and to impugn the integrity of XXXXXXXXX on her blog and publish false comments over the Internet. Upon information and belief, she has also publicly discussed this information with professional contacts and other members of XXXXXXXXX's community potentially threatening professional relationships and business revenue.

19) On November 18, 2014, Mr. XXXXXXXXX first presented a Request to Admit to counsel for XXXXXXXXX including many documents reportedly produced pursuant to the issued subpoenas.  Clearly, there is an intention to continue to spread the personal and confidential records of XXXXXXXXX throughout the public record.

Note:  The was the Request to Admit Facts and Genuineness of Documents that Karl sent to Mr. X which included some call sheets that we had received from our subpoenas.

20) Further, on the same date, Mr. XXXXXXXXX first referenced a provision of the order -- which he drafted -- allowing for the dissemination of this private information to his client. Presumably, this paragraph was included in error as it directly contravened the spirit and letter of the Court's direction from the bench. While the order certainly contained this loophole, it should not have and it should be amended to remove this provision.

21) There is absolutely no justification or need for XXXXXXXXX to personally be in possession of XXXXXXXXX 's personal and confidential information and to spread this information throughout the public record.

22) Further, based upon XXXXXXXXX's demonstrated disregard for XXXXXXXXX's and  XXXXXXXXX's privacy and her involvement in personal harassment directed towards XXXXXXXXX, this Court should restrict XXXXXXXXX from contacting the customers, clients and business associates of XXXXXXXXX and XXXXXXXXX in any fashion outside of the supervision of this Court.

WHEREFORE, XXXXXXXXX, respectfully prays that this Court expand its existing orders protecting the confidentiality of information produced, exchanged or utilized relating to XXXXXXXXX and XXXXXXXXX as follows:

A) Requiring leave of Court prior to the issuance of any additional subpoenas;

B) Requiring that all records produced relating to XXXXXXXXX and XXXXXXXXX be maintained in the possession of XXXXXXXXX's counsel and requiring the immediate return of any documents in XXXXXXXXX's possession to her counsel;

C) Requiring that any filings related to XXXXXXXXX and XXXXXXXX with this court be done under seal; and

D) Providing such other and further relief as the Court deems appropriate.

IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY, XXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

AMENDED PETITION FOR MODIFICATION OF CHILD SUPPORT

NOW COMES Respondent, XXXXXXXXX, Pro Se, and pursuant to Sections 505 and 510 of the  XXXXXXXXX Marriage and Dissolution of Marriage Act ("IMDMA") 750ILCS 5/505 and 5/510, petitions this Honorable Court for modification of the Petitioner's, XXXXXXXXX, child support obligation established on April 8, 2014. In support of her Petition, XXXXXXXXX states as follows:
XXXXXXXXX and XXXXXXXXX were married on February 3, 2005 and their marriage was dissolved on March 3, 2009.  A copy of the Judgment of Dissolution is attached hereto as Exhibit A.
One child was born of the marriage, namely XXXXXXXXX, born 2005.
The Court expressly retained jurisdiction for the purposes of enforcing the Judgment of Dissolution of Marriage.
On November 1, 2013, this Court entered a needs based child support order for the minor child in the amount of $3,202.00 per month.
On April 8, 2014, this Court vacated the November 1, 2013 child support order and entered a new order in the amount of $764.00 per month.  A copy of the April 8, 2014 order is attached hereto as Exhibit B.
On April 8, 2014, this Court also granted XXXXXXXXX leave to file an Amended Petition for Modification of Child Support.
Since the date of the Judgment for Dissolution of Marriage there have been substantial changes in circumstances and the child's expenses have increased.  At the time of the Judgment, the child was 4, and is now 8 and attending private school, participating in extracurricular activities, and partaking in a unique dietary regime due to severe allergies.  All of these issues present significant expenses that are incurred in the best interests of the minor child.
COUNT I:  EDUCATION EXPENSES
XXXXXXXXX realleges and reaffirms the allegations contained in paragraphs one through seven of this Petition as if fully set forth herein.
At the time of the Judgment for Dissolution, the minor child was in the process of being enrolled in XXXXXXXXX School for pre-Kindergarten. This school presented an additional cost of over $3,000 per year.
Although pursuant to the Joint Parenting Agreement, XXXXXXXXX never agreed to this enrollment decision, he did acquiesce to the enrollment.  Further, XXXXXXXXX even dropped the minor child off at the first day for school.
XXXXXXXXX never contributed to the costs of XXXXXXXXX although tacitly agreeing to the enrollment.
On or about the winder of 2012/2013, XXXXXXXXX learned that XXXXXXXXX would be closing and would have to find a new school for the minor child.  After diligently searching for schools, XXXXXXXXX found a match for the minor child at the XXXXXXXXXXXXXXXXXX School.
XXXXXXXXX contacted XXXXXXXXX about the minor child's enrollment on or about January/February 2013.  Originally, XXXXXXXXX responded affirmatively to the decision, but later reneged after becoming aware that he would have to contribute financially to the education of the minor child.
After learning about XXXXXXXX failure to contribute, XXXXXXXXX contacted XXXXXXXXX parents to bear some of the financial burden that XXXXXXXXX was unwilling to shoulder.  XXXXXXXXX parents assisted with the 2013/2014 tuition with a check for XXXXX to the school.
The XXXXXXXXXXXXXXXXXX School tuition stands at approximately XXXXX per year.  XXXXXXXXX should contribute to the expenses for schooling that present a substantial change in circumstances since the March 2009 Judgment.
WHEREFORE, Respondent XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the education costs;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT II:  EXTRACURRICULAR ACTIVITIES
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through sixteen of this Petition as if fully set forth herein.
The minor child is currently enrolled in Kung Fu, a program he thoroughly enjoys, at a cost of $150.00 per month.
The minor child is also enrolled in classical guitar at a cost of $900.00 per year. XXXXXXXXX is aware of this expense and has even enjoyed one of the minor child's concerts, while contributing nothing to the lessons.
The minor child is enrolled in swimming classes with a cost of $900.00 per year. For the coming months, the minor child is enrolled in Kung Fu Camp, at $100 per week; Music Camp, at $200 per week; and math tutoring at $285.00 per month.  All of the activities are not only necessary for XXXXXXXXX to maintain employment, but they are in the best interests of the minor child by providing him great experiences and positive role models.
WHEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the education costs;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT III:  DIETARY AND HEALTH NEEDS
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through twenty-two of this Petition as if fully set forth herein.
The Joint Parenting Agreement, attached hereto as Exhibit C, made the following finding under paragraph 6: "The parties' acknowledge that [the minor child] presently suffers from severe, life threatening food allergies..."  Following this finding, XXXXXXXXX has struggled to find a proper regimen of food, dietary supplements, and other aids to help the minor child.  
For example the minor child requires camel milk for protein and assistance with weight gain, which costs up to $600 per month.  
Aside from allergies, the minor child suffers from asthma, which imposes additional costs for treatment and management.
XXXXXXXXX has not met the minor child's needs with any additional support for him.  
XXXXXXXXX has been left as solely responsible for these costs as well as assisting the minor child with doctor's visits and other visits related to health care for the minor child.
WHEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the dietary and health costs;
Require the XXXXXXXXX to maintain health insurance for the minor child if available through his employment;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT IV:  CONCEALED INCOME
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through twenty-eight of this Petition as if fully set forth herein.
750ILCS 505(a)(4) states:
"If the net income [for child support] cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in a particular case..." (brackets and emphasis added)
At the time of the marriage, XXXXXXXXX owned and operated a film equipment rental company doing business as XXXXXXXXX.  XXXXXXXXX earned up to $1800 per day for the labor and equipment.
Following the dissolution of the marriage, XXXXXXXXX dissolved XXXXXXXXX and bankrupted his trucking business.  Between these two businesses, XXXXXXXXX was able to provide a very comfortable living for the parties and the minor child as his income was generally above $100,000 per year.  However, and following a recent 13.3.1 Financial Disclosure Form, XXXXXXXXX now reports an income of less than half that amount.
Even with a substantially lower reported income, XXXXXXXXX is still able to live a very comfortable life, residing in a 1600 square foot lake house, owning a 21-foot speedboat and other luxuries.
In the meantime, and suspiciously enough, XXXXXXXXX new girlfriend, XXXXXXXXX, opened up a film equipment rental business, XXXXXXXXX following the dissolution of XXXXXXXXX own business.  Further, XXXXXXXXX experience in the field of film equipment is extremely limited, if she possess any at all.
Upon information and belief, XXXXXXXXX is using XXXXXXXXX as a vehicle to conceal income for the purposes of evading child support.  This information has caused XXXXXXXXX to propound additional discovery on businesses and individuals who have done business with XXXXXXXXX  as XXXXXXXXX's cellphone number is listed on XXXXXXXXX invoices and various individuals recall XXXXXXXXX's attendance on work days on which XXXXXXXXX billed for performing services.
In the alternative, XXXXXXXXX dissolution of business from which he earned a substantial income is voluntary underemployment and should not provide him with a way of dodging his child support obligation.
In October of 2013, XXXXXXXXX informed XXXXXXXXX of her going to court to modify child support. XXXXXXXXX responded, "Was thinking 'bout everything can't get to court on the day you requested, however I am willing to adjust the amount based on my current amount."  He then sent a check to the child support services department for $1000.  In the 30 days leading up to that check he paid a total of $1638.85.
When called upon XXXXXXXXX was able to make a substantial contribution to the support of the minor child, which based upon the official amounts of income he officially shows, would be a tremendous financial burden.
HEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Allow XXXXXXXXX to propound further discovery on XXXXXXXXX and other businesses or people who have done business with XXXXXXXXX;
Impute additional income on the Respondent pursuant to 750 ILCS 5/505(a)(4);
Award a child support amount pursuant to the factors listed in 750 ILCS 5/505 with an upward deviation from guidelines;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.