Mr. Ex's divorce lawyer, Marty, filed this in response to subpoenas I issued. He tried to kill the subpoenas two times - unsuccessfully.
The first and second Motions to Quash were exactly the same, except the second time around both Mr. Ex and the G'friend were listed and represented by Marty.
The second motion also included the following heartfelt letter from G'friend, along with a copy of the EIN letter from the IRS.
Something to remember is that G'friend and Mr. Ex being represented together on a Motion to Quash was just another indication of their "unity of interest." I'm no lawyer, but even I knew this was big no-no.
My goal all along was to link Mr. Ex to his G'friend (and hence ABC Gear) for the Judge so that he would enable discovery ( i.e., the ability for me to see their financial records) on ABC Gear.
Having ABC Gear under G'friend's name (and not under Mr. X's) shielded its income from child support calculations. Breaking through that facade ("piercing the veil") was the only way to get it in the mix.
IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY, XXXXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION
MOTION TO QUASH SUBPOENAS
XXXXXXXXXXX by attorney XXXXXXXXXXX moves the court to quash all subpoenas wrongfully issued to date by XXXXXXXXXXX to bar XXXXXXXXXXX from using and documents received pursuant to said subpoenas at the trial of this case and to compel XXXXXXXXXXX to provide counsel for XXXXXXXXXXX with copies of all records received pursuant to said wrongfully issued subpoenas. He further moves the court to supervise XXXXXXXXXXX attempts at discovery. This motion is brought pursuant to the provisions of Supreme Court Rules 201(c), 237 and 219(c) and (d). In support of this motion, the following is alleged:
1. Respondent XXXXXXXXXXX has wrongfully issued at least four subpoenas for records in her fishing expedition to seek evidence that XXXXXXXXXXX has earned money that he has not declared as income on his federal income tax returns. See copies of subpoenas attached as Exhibit A.
2. Supreme Court Rule 237 provides that "Any witness shall respond to any lawful subpoena of which he or she has actual knowledge if payment of the fee and mileage has been tendered."
3. The subpoenas issued by XXXXXXXXXXX fail to demonstrate that any payment of the fees and knowledge has been tendered to any witness such that all subpoenas must be quashed for failure to comply with court rules. See Supreme Court Rule 219(c) and (d) which provides that sanctions may issue sanctions against a party for failure to comply with the court rules with respect to discovery and that the court may order that information obtained through abuse of discovery procedures be suppressed.
4. By failing and refusing to tender fees and mileages to witnesses, XXXXXXXXXXX has abused the discovery process such that all subpoenas issued by XXXXXXXXXXX should be quashed and all information obtained by said subpoenas should be suppressed. Furthermore, copies of all documents received by XXXXXXXXXXX through her abuse of the discovery process should be sent to XXXXXXXXXXX attorney XXXXXXXXXXX.
5. This court should also assess costs and attorney's fees against XXXXXXXXXXX pursuant to Supreme Court Rule 219(c) for her abuse of the discovery process. XXXXXXXXXXX should not be compelled to expend legal fees to monitor XXXXXXXXXXX discovery abuses or to educate her as to proper discovery procedures.
6. This court should limit and supervise XXXXXXXXXXX discovery herein pursuant to Supreme Court Rule 201(c) for XXXXXXXXXXX abuse of the discovery process. That supervision should include obtaining court approval prior to issuance of any subpoena to any person.
Wherefore, XXXXXXXXXXX moves the court for the following relief:
A. To quash all subpoenas wrongfully issued to date by XXXXXXXXXXX;
B. To bar XXXXXXXXXXX from using any document received pursuant to said subpoenas at the trial of this case;
C. To compel XXXXXXXXXXX to provide counsel for XXXXXXXXXXX with copies of all records received pursuant to said wrongfully issued subpoenas; and
D. To supervise XXXXXXXXXXX attempts at discovery.
The heartfelt (me being sarcastic) letter from G'friend to the Judge that Marty attached to the second Motion to Quash the Subpoenas follows. While there is some truth in it - like we never found a check directly going out of the ABC Gear account to Mr. Ex. When we finally received bank records from them, we saw that each month $5000-7000 went in via deposits and then out via checks made to "Cash."
April 2, 2014
My name is G'friend and I am the sole owner of ABC Gear.
It has come to my attention that Rachel Beck is continuing to send subpoenas requesting private information regarding my company. Ms. Beck continues to pursue this even after she was notified that Mr. Ex in no part owns nor receives any compensation from my company ABC Gear.
At this point Ms. Beck has obtained private company information such as cancelled checks, etc. I do not give my permission for any of my company's information to be utilized by Ms. Beck nor have I ever given my permission to any business or persons to give my information out.
For your knowledge Sir, my bank records show that never has a check been issued to Mr. Ex, nor has he deposited any of his funds into my company account. I do not understand how Ms. Beck is allowed to continue to pursue my personal information. I implore you for your help in clearing this matter.