Protecting a disabled adult from an unfair deposition

The betrayal via rudeness by a former associate was not just a story.  It was part of a case.

I said: we will not go forward on a deposition until the court rules on a pending a motion for protective order.  He responded by threatening to seek terms against me.  So we (Garth) filed a motion to expedite the protective order hearing.

As expected, when push came to shove, the defense lawyer did not seek the terms he threatened.  Still, he couldn't resist: a) insinuating that because he used to work for us, he knew us and what we were doing; and b) engaging in hyperbole.

  • "I am a former associate and law clerk at the firm of Stritmatter Kessler Whelan Coluccio, which is currently known as Stritmatter Kessler Whelan. I have reviewed Exhibit 8, infra.  In the upper right hand corner is a circled "K3". I know this to be Karen Koehler's initial that she has reviewed a document."
  • “Plaintiff’s counsel’s speculation regarding some nefarious plot by a rogue associate is highly inflammatory, completely false, and contrary to the record.”

In response, the Federal Judge swiftly entered our motion to expedite the protective order hearing.  The defense filed its ojection to our protective order motion.  And the Court granted our motion almost entirely in full.

Deposition protective order:  SKMBT_C5521405050830