Motion to Extend the Protective Order (Doc 20)
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:
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.
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).
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.