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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
PAIGE V. THOMAS
Case No. 22CV004939
Plaintiff,
Judge Lynch
VS.
STATE FARM MUTUAL
AUTOMOBILE INS. CO., ET AL.
Defendants.
MOTION OF PLAINTIFF FOR PROTECTIVE ORDER
Plaintiff Paige V. Thomas (“Plaintiff”), by and through undersigned counsel, pursuant to Civil
Rule 26(C), respectfully moves this Court for a protective order denying Defendant Sohaili’s
unilateral Notice to depose the Plaintiff as Plaintiffs counsel is out of town and unavailable to appear
for the deposition on the date noticed. Defense counsel was advised of the conflict. Defense counsel
chose to ignore Plaintiffs extra judicial efforts and noticed the Plaintiff on the conflicted date because
the Defendant waited until near the discovery deadline to seek dates to depose the Plaintiff, none of
which was an available date to complete the deposition before the discovery deadline. A
Memorandum in Support accompanies this motion.
Respectfully submitted,
/s/ Scott FE. Smith
Scott E. Smith (0003749)
Scott Elliot Smith, L.P.A.
5003 Horizons Drive, Suite 101
Columbus, OH 43220
T. (614) 846-1700
F (614) 486-4987
E ses@sestriallaw.com
Attorneys for Plaintiff
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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MEMORANDUM IN SUPPORT
I. FACTUAL AND PROCEDURAL BACKGROUND
On June 5, 2018, the Plaintiff was lawfully driving her motor vehicle eastbound on
Federated Boulevard in Columbus, Ohio. At the same time, Defendant Sohaili (Sohaili) was
driving her car northbound exiting a private drive and with an obstructed view of traffic due to an
eastbound oncoming semi-tractor trailer traveling adjacent to the Plaintiff who had the right of
way. Sohaili chose to speed across the 6 lanes of traffic on Federated Boulevard. Sohaili, while in
the course and scope of her employment with Chipotle Mexican Grill drove directly into Plaintiff’ s
path causing Plaintiff to strike Sohaili’s vehicle head on, causing Plaintiff permanent and disabling
injuries
Suit was filed and the Court has issued several orders including amending the original case
scheduling order to extend the discovery deadlines. Not one Defendant has sought the Plaintiffs
deposition until Sohaili’s first request on September 8, 2023, less than 30 days before the latest
discovery deadline (Oct. 31, 2023, per July 11, 2023, Order). The Plaintiff provided dates she was
available, none of which satisfied the Defendant because the dates were not within the discovery
deadline.!
Because Sohaili waited over 5 months to even seek the deposition, the Defendant
demanded Plaintiff to enter into an agreed motion to once again extend the discovery period due
to Defendant’s failure to complete discovery as Ordered. The Plaintiff declined the offer upon the
terms demanded. The Defendant’s terms included completing discovery she intended but deny
Plaintiffs discovery to only defense experts and would only file the motion if the Plaintiff agreed
apparently believing the Court would only so agree if the motion was mutual as the Courts’ July
Tex. 1, email stream with defense counsel.
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11, 2023, Order stated, “Absent extraordinary circumstances, the parties should not expect
any additional continuances of the case schedule.”? The Defendant did not and cannot set forth
any “extraordinary circumstance” in light of doing nothing for the last 5 months except to seek
duplicate copies of medical records already in her possession. Clearly, the DMEs requested were
scheduled in the nick of time and the medical records previously provided by the Plaintiff are
sufficient for the DME experts to write reports. The Defendant can provide no “extraordinary
circumstance” which is why the Defendant has not moved to extend the deadlines. So, instead of
moving the Court, Sohaili simply noticed the Plaintiff after she was advised the date(s) offered at
the end of October conflicted with Plaintiffs counsel’s calendar forcing the Plaintiff to file this
motion-counsel is out of town on vacation and this motion is filed with the help of a paralegal lest
the Plaintiff be accused of not following the Rules. The Defendant now attempts to blame the
Plaintiff for her lack of preparedness calling her failure to prepare and Plaintiffs unavailability a
“manufactured crisis” of Plaintiffs doing when the lack of due diligence falls squarely on the
Defendant.
Il. LAW AND ARGUMENT
Under Civ.R. 26(C), this Court should issue a protective order that protects Plaintiff's
private health information (PHI) from public exposure or sale. Indeed, Civ. R. 26(C) provides that
Upon motion by any party or by the person from whom discovery is sought, and
for good cause shown, the court in which the action is pending may make any order
that justice requires to protect a party or person from annoyance, embarrassment,
oppression, or undue burden or expense, including one or more of the following:
(1) that the discovery not be had; (2) that the discovery may be had only on specified
terms and conditions, including a designation of the time or place; (3) that the
2 Any claim Defendants could not depose the Plaintiff sooner due to collection of Plaintiffs medical records is non
plussed as the Defendant has had Plaintiff's medical records related and unrelated to the trauma producing injuries
that were provided in an almost equal amount than those produced thorough court order on November 18, 2021, to
all Defendants including Sohaili and State Farm. In fact, Defendant Sohaili has never once claimed it did not
have complete medical records only that they wanted to see for themselves, and the Court agreed. If anything, this is
a “manufactured crisis.”
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discovery may be had only by a method of discovery other than that selected by the
party seeking discovery;...
Civ. R. 30 speaks to not coordinating mutual times to conduct depositions. Civ. R 30, Staff
Notes July 2017, speak to defense counsels’ tactics
These additional provisions are consistent with the guidelines entitled:
Professionalism Dos and Don'ts: Depositions, first published by the Ohio Supreme
Court's Commission on Professionalism in 2012.*
The Plaintiff offered alternative dates within the less than 30 days offered by Sohaili
to complete the deposition even though she had more than 5 months to do so or seek another
extension. It is not Plaintiff's actions that delayed Plaintiff's deposition. All parties have
completed depositions requested except for Sohaili who has neither requested nor taken
any depositions since the suit was filed. Moreover, Sohaili’s experts are examining the
Plaintiff this week so there has been no surprise the discovery deadline has been looming
and Sohaili was well aware of it.*
The Plaintiff does not agree to violate the Court Order. The Plaintiff does not agree
to the extension. It was Defendant’s sole delay that has put us. It is Defendant’s likely
belief forcing the Plaintiff to file this motion will result in the Court automatically denying
Plaintiffs motion and extending the discovery deadline. However, Sohaili cannot justify
her delay in the face of the court order because defense counsel can come up with no
justification for delaying discovery for 5 months. The Defendant cannot explain to the court
why she waited until there was less than 30 days to complete discovery before she
demanded Plaintiffs deposition and then blamed the Plaintiff when the short period of time
3 Bx. 2, Do’s, and Don'ts: Depositions.
+ The Plaintiff worked with Sohaili and agreed to all of Defendants DME terms the Court thereafter approved.
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offered no dates to her liking.
The Defendant has chosen to attack the Plaintiff simply because Plaintiffs counsel
is out of town and unavailable for the deposition on the limited dates the Defendant
offered.> Conflicts and resolving conflicts are normal in all litigation so when dates conflict
new dates are chosen until everyone agrees to a date that is available to all parties, not just
the Defendant. Sohaili cannot justify her delay, so she tries to make her manufactured crisis
the Plaintiffs problem. The Defendant can provide no justification for this tactic, so she
blames the Plaintiff.
Til. CONCLUSION
For the foregoing reasons, Plaintiff requests that the Court issue a Protective Order
prohibiting Defendant Sohaili from proceeding with the deposition as the Plaintiff is not so available
on the date noticed.
Respectfully submitted,
/s/ Scott FE. Smith
Scott E. Smith (#0003749)
Trial Attorney
ses@sestriallaw.com
Scott Elliot Smith, L.P.A.
5003 Horizons Drive, Suite 101
Columbus, OH 43220
Telephone: (614) 846-1700
Facsimile: (614) 486-4987
Attorney for Plaintiff
5 Ex. 1. Defense counsel criticized the Plaintiff for copying staff counsel with the email stream. However, the
Court’s civil practice guidelines state, “Parties are required to engage in resolution of disputes pursuant to the Civil
Rules. Should communications reach an impasse, contact the staff attorney: the Court will then refer the matter to
the magistrate.”
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was served upon the
following via email and this Court’s electronic filing system this 24th day of October 2023:
James R. Gallagher
Gallagher, Gams, Tallan, Barnes & Littrell
471 East Broad Street, 19" Floor
Columbus, OH 43215
igallagher@eethl com
Attorney for Defendant State Farm
Dan Downey
Matthew Young
Fishel Downey Albrecht & Riepenhoff, LLP
LLP7775 Walton Parkway, Suite 200
New Albany, Ohio 43054
dobres: sheldowney
com
Attorney for Defendant Sohaili
és/ Scott E. Smith
Scott E. Smith (0003749)
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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bam sorry yeu be eve you ar srititied to. end the discovery deadline any for yaur client due solely to your delay
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Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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My. FHF Sege: Fy ant has keen prag iy
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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afganklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
0G590 F
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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THe SUPREME Court of On10
Eeenee eee ee aRa
“ DEPOSITIONS
oN a
Ce
"y
DON Ss
ss Lbs H ay pad SSE
If there is one area of the practice of law that consistently giv ise to an inordinate number of
complaints about lack of professionalism, it is the area of depositions. Depositions, fF course,
are an extremely important and valuable component of our adversary sysiem, but, if abused ane
mishandled, they can engender unnecessary and costly strife that impedes and undercuts the
enth pracess. To help correct this situation, the Commission on Projessionatism is publishing
the following guidelines, a set of deposition “dos and don ts The Canim ion believes that
if lawyers follow these guidelines which are consistent with, and to some extent provide
Specific amplification of: the Supreme Court s Statements an Professionalism fenvyers will
be able ta use depositions to advance the legitimate interests of their clients, while, at the same
time, treating all participants in the procexs, including deponents and opposing counsel, with
courtesy, civility, and respect. It is not the Commissions intention to regulate or to suggest
additional bases for discipline, but rather to facilitate the promotion of professionalism
amon Oltio’s law ‘sin short, by adhering to these guidelines, lawvers will be acting as
professionals and in the manner that the courts expect.
The. ore, as a lawyer whe is scheduling, conducting or attending a deposition.
‘ %as
a
Review the focal rules of the jurisdiction where you are practicing before you begin.
Cooperate on scheduling. Rather than unilaterally sending out a notice of deposition, call
opposing counsel first and cooperate on the selection of the date, time, asd place. Then send
out a notice reflecting the agreed upon date.
if, after a deposition has been scheduled, a postponement is requested by the other side
cooperate in the rescheduling ante: s the requested postponement would be one of those rare
instances that would adversely aff 4 your client's rights.
Arrive on time.
Be prepared, including having multiple copies of all pertinent docements available in the
deposition room, so that the depositiono: an proceed efficiently and expeditiously.
Tura offal) electronic devi 28 Tor receiving calls and messages while the depos JON FS RY
progress, Bae.
EXHIBIT 2
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939
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ayer en
Attempt to agree, either before or daring the depasition, to a reasonable time limit for the
deposition.
Treat other counsel and the deponent with courtesy and civilit
Go “off record” and confer with apposing counsel, privately and outside the deposition
room, if you are having problems with respect to objections, the tone of the questions being
asked or the form of the questions.
Recess the deposition and call the court for guidance if-your off-the-record conversations
swith opposing Counsel are not successful in resolving the “problem.”
{fa witnes: shown a document, make sere that you have ample copies to distribute
simuliancously to all counsel who are present.
Ifa deponent asks te see a document upon which questions are being asked, provide a copy
ia the depanent.
Inform your client in advance of the deposition (if the client plans to attend) that you will be
conducting yourselfat the deposition in accordance with these “dos and don'ts
ry ee, TY
Attempt to “beat your opponent io the panch” by scheduling a deposition fora date earlier
than the date requested by your opponent for deposition(s) that he or she wants to take.
Coach the deponent during the deposition when he ar she is being questioned by the other
Sh ee
Make speaking ohjections to que: io or make statements that are intended tw coach the
depouent, Simply say “object™ o Sabjection.”
Make nide and degrading comments to. or ad hominen attacks on, deponest or opposing
cotmsel, either when asking questions or objecting to questions.
Instruct a witne ‘88 to reflise to answer a question unless the testimony sought is deemed by
you to be privileged, work product, or self-incriminating, or if you believe the examination is
being conducted in a manner ag to unreasonably annoy or embarrass the deponent.
ake depositions for the purpose of hacassing a witness or in order to burden an opponent
with increased litigation expenses.
Overtly or covertly provide answers to questions asked of the witnes:
Demand conferences or breaks while a question is pending, anless the purpose is to
determine whether a privilege should be asserted.
Engage in conduct that would be inappropriate in the presence of a judge.
Ta rena: Coost of O10 #5 South Frost Sire ct Cokuntbas, Ohio gga 13 ¢ sapremeconr
ohio way Rests 09"7
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - Fé IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO PAIGE V. THOMAS Case No. 22CV004939 Plaintiff, Judge Lynch VS. STATE FARM MUTUAL AUTOMOBILE INS. CO., ET AL. Defendants. MOTION OF PLAINTIFF FOR PROTECTIVE ORDER Plaintiff Paige V. Thomas (“Plaintiff”), by and through undersigned counsel, pursuant to Civil Rule 26(C), respectfully moves this Court for a protective order denying Defendant Sohaili’s unilateral Notice to depose the Plaintiff as Plaintiffs counsel is out of town and unavailable to appear for the deposition on the date noticed. Defense counsel was advised of the conflict. Defense counsel chose to ignore Plaintiffs extra judicial efforts and noticed the Plaintiff on the conflicted date because the Defendant waited until near the discovery deadline to seek dates to depose the Plaintiff, none of which was an available date to complete the deposition before the discovery deadline. A Memorandum in Support accompanies this motion. Respectfully submitted, /s/ Scott FE. Smith Scott E. Smith (0003749) Scott Elliot Smith, L.P.A. 5003 Horizons Drive, Suite 101 Columbus, OH 43220 T. (614) 846-1700 F (614) 486-4987 E ses@sestriallaw.com Attorneys for Plaintiff Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F7 MEMORANDUM IN SUPPORT I. FACTUAL AND PROCEDURAL BACKGROUND On June 5, 2018, the Plaintiff was lawfully driving her motor vehicle eastbound on Federated Boulevard in Columbus, Ohio. At the same time, Defendant Sohaili (Sohaili) was driving her car northbound exiting a private drive and with an obstructed view of traffic due to an eastbound oncoming semi-tractor trailer traveling adjacent to the Plaintiff who had the right of way. Sohaili chose to speed across the 6 lanes of traffic on Federated Boulevard. Sohaili, while in the course and scope of her employment with Chipotle Mexican Grill drove directly into Plaintiff’ s path causing Plaintiff to strike Sohaili’s vehicle head on, causing Plaintiff permanent and disabling injuries Suit was filed and the Court has issued several orders including amending the original case scheduling order to extend the discovery deadlines. Not one Defendant has sought the Plaintiffs deposition until Sohaili’s first request on September 8, 2023, less than 30 days before the latest discovery deadline (Oct. 31, 2023, per July 11, 2023, Order). The Plaintiff provided dates she was available, none of which satisfied the Defendant because the dates were not within the discovery deadline.! Because Sohaili waited over 5 months to even seek the deposition, the Defendant demanded Plaintiff to enter into an agreed motion to once again extend the discovery period due to Defendant’s failure to complete discovery as Ordered. The Plaintiff declined the offer upon the terms demanded. The Defendant’s terms included completing discovery she intended but deny Plaintiffs discovery to only defense experts and would only file the motion if the Plaintiff agreed apparently believing the Court would only so agree if the motion was mutual as the Courts’ July Tex. 1, email stream with defense counsel. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F8 11, 2023, Order stated, “Absent extraordinary circumstances, the parties should not expect any additional continuances of the case schedule.”? The Defendant did not and cannot set forth any “extraordinary circumstance” in light of doing nothing for the last 5 months except to seek duplicate copies of medical records already in her possession. Clearly, the DMEs requested were scheduled in the nick of time and the medical records previously provided by the Plaintiff are sufficient for the DME experts to write reports. The Defendant can provide no “extraordinary circumstance” which is why the Defendant has not moved to extend the deadlines. So, instead of moving the Court, Sohaili simply noticed the Plaintiff after she was advised the date(s) offered at the end of October conflicted with Plaintiffs counsel’s calendar forcing the Plaintiff to file this motion-counsel is out of town on vacation and this motion is filed with the help of a paralegal lest the Plaintiff be accused of not following the Rules. The Defendant now attempts to blame the Plaintiff for her lack of preparedness calling her failure to prepare and Plaintiffs unavailability a “manufactured crisis” of Plaintiffs doing when the lack of due diligence falls squarely on the Defendant. Il. LAW AND ARGUMENT Under Civ.R. 26(C), this Court should issue a protective order that protects Plaintiff's private health information (PHI) from public exposure or sale. Indeed, Civ. R. 26(C) provides that Upon motion by any party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the 2 Any claim Defendants could not depose the Plaintiff sooner due to collection of Plaintiffs medical records is non plussed as the Defendant has had Plaintiff's medical records related and unrelated to the trauma producing injuries that were provided in an almost equal amount than those produced thorough court order on November 18, 2021, to all Defendants including Sohaili and State Farm. In fact, Defendant Sohaili has never once claimed it did not have complete medical records only that they wanted to see for themselves, and the Court agreed. If anything, this is a “manufactured crisis.” Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F9 discovery may be had only by a method of discovery other than that selected by the party seeking discovery;... Civ. R. 30 speaks to not coordinating mutual times to conduct depositions. Civ. R 30, Staff Notes July 2017, speak to defense counsels’ tactics These additional provisions are consistent with the guidelines entitled: Professionalism Dos and Don'ts: Depositions, first published by the Ohio Supreme Court's Commission on Professionalism in 2012.* The Plaintiff offered alternative dates within the less than 30 days offered by Sohaili to complete the deposition even though she had more than 5 months to do so or seek another extension. It is not Plaintiff's actions that delayed Plaintiff's deposition. All parties have completed depositions requested except for Sohaili who has neither requested nor taken any depositions since the suit was filed. Moreover, Sohaili’s experts are examining the Plaintiff this week so there has been no surprise the discovery deadline has been looming and Sohaili was well aware of it.* The Plaintiff does not agree to violate the Court Order. The Plaintiff does not agree to the extension. It was Defendant’s sole delay that has put us. It is Defendant’s likely belief forcing the Plaintiff to file this motion will result in the Court automatically denying Plaintiffs motion and extending the discovery deadline. However, Sohaili cannot justify her delay in the face of the court order because defense counsel can come up with no justification for delaying discovery for 5 months. The Defendant cannot explain to the court why she waited until there was less than 30 days to complete discovery before she demanded Plaintiffs deposition and then blamed the Plaintiff when the short period of time 3 Bx. 2, Do’s, and Don'ts: Depositions. + The Plaintiff worked with Sohaili and agreed to all of Defendants DME terms the Court thereafter approved. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F10 offered no dates to her liking. The Defendant has chosen to attack the Plaintiff simply because Plaintiffs counsel is out of town and unavailable for the deposition on the limited dates the Defendant offered.> Conflicts and resolving conflicts are normal in all litigation so when dates conflict new dates are chosen until everyone agrees to a date that is available to all parties, not just the Defendant. Sohaili cannot justify her delay, so she tries to make her manufactured crisis the Plaintiffs problem. The Defendant can provide no justification for this tactic, so she blames the Plaintiff. Til. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court issue a Protective Order prohibiting Defendant Sohaili from proceeding with the deposition as the Plaintiff is not so available on the date noticed. Respectfully submitted, /s/ Scott FE. Smith Scott E. Smith (#0003749) Trial Attorney ses@sestriallaw.com Scott Elliot Smith, L.P.A. 5003 Horizons Drive, Suite 101 Columbus, OH 43220 Telephone: (614) 846-1700 Facsimile: (614) 486-4987 Attorney for Plaintiff 5 Ex. 1. Defense counsel criticized the Plaintiff for copying staff counsel with the email stream. However, the Court’s civil practice guidelines state, “Parties are required to engage in resolution of disputes pursuant to the Civil Rules. Should communications reach an impasse, contact the staff attorney: the Court will then refer the matter to the magistrate.” Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F1l CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was served upon the following via email and this Court’s electronic filing system this 24th day of October 2023: James R. Gallagher Gallagher, Gams, Tallan, Barnes & Littrell 471 East Broad Street, 19" Floor Columbus, OH 43215 igallagher@eethl com Attorney for Defendant State Farm Dan Downey Matthew Young Fishel Downey Albrecht & Riepenhoff, LLP LLP7775 Walton Parkway, Suite 200 New Albany, Ohio 43054 dobres: sheldowney com Attorney for Defendant Sohaili és/ Scott E. Smith Scott E. Smith (0003749) Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - FL SES Law RAAT RT a SS TERETE Front Daniel Dawhey oNSane AYe Sant: Man y Dehed § BMY To: Scat Smith oe Maltiew Yau 3 Law: } aay f ofan Ona ake 3 gihic: aihts any Val Swansea Subject: RE Noting of Slaintiff's fs ancaition - Thomas Pet yor fe iy Ay f asid ms & position to ad ce you on whatte do. {have red my thay ghts agout yo pmanulactured ¢crisis wh wend be res es Say your cameniiment tg etek extens: of the case sch Ie! ae ng game other iam ain why yo WES DE. ¥ te Sop Ms, Su S with your ema 8 AE to aeek 8 conference with m rt arian fo the Ef o RO oy noticeds wil be haggyto att are Otherwing, | will make a record af the srameriy no! Heel ett tice d depo: and thanks. Dari Daniel T. Gaagtey, Partner S23 258 62 S855 sf ps Fispey Downey FD ALBRECHT & Rapp NOPE poo AR Pe yg ot f aur WS SENNN Xs SSE A NE ae 18 we teed ts on B) ae ee Se 3 From: noth th Subject: R of Sh s Dep: SOAS Mir. Gowney, o aan als ve Ben SPS fot avallaiie. If DG od yOu will de so at your peril, cast, asa saetation of the civil UES, Ex. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - Fl bam sorry yeu be eve you ar srititied to. end the discovery deadline any for yaur client due solely to your delay while pro! Ming {he Plas f frore co Sac tional discovery that may @ other than of the defense experts. tease let me know Hf you believe the Pls wif miuet fe 2 motion for protect egrier and (wil make arrangements te haye this ch From tvs point farw rd, aS We OS wi have United and sgeradic communication access so any attempts to reach Me may be delayed. ret vi the day de M/S. respond To gay May COM jcations, at the earliest, 1/1. Thanks Scott Saveh & TA-NSE 700 §3 85-987 fe ste ae ential, and is intended solely for the use of the indivic sor entities toawhom s addirss, Gy Bets 3,3 28. 2023. PAS FES BR, Daniel Gowney sang Ag SS Wrote Ni a are not persuaded by the content of your self-seryi geraal, We x y ave forward aig aie Ot Ranks. a ee Be Baw #REY Sart or 4 sug aE weay & 23 33 Aig Le sy By SEE Dow FD oY ALBREC ars Rie ENROEY AR S Sune Sy oe ve EN TIALITS OPE, ai te ¥o a4 Re pat 2 ws 2g ae fo From: Sou ft Sent: Manalay, Ortaber 33, 2: 823 2 AM Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F14 To: & 2M Sey 8 a> Cer MA Hay GUN I< SES Law < 4h Subject: TY & af Plaintit Ts Thegash ¢fl on - Thomas MM “Down ays af not avaiable at gh a tines proposed and p time you aoticed : after being teid of the conflict jefore you sued the WTA A OLS! a e@ end umvaiabh {the tinie proge ed ay ot ou, F } was available | would fave bi an HOE meicdal our lat minute demancdis. U fortuna’ fs fam unavadable: We have never denied any chs Every regis sb at an ye thy \g the time 8 ease Re been per Any to ONE fais Bingse aif Note: Yau Rave vidlated the §: a Se reme Court re at Se WHE POR 3 use af your fallure te @ this case proper cd 3th on fa Lan fdas ati SHSNNED W th dead as loaning, You Save ad afl the discaversble and vant (rated aad a rel ted) Medical records agaded to evaluate the clas and degas 2p ‘iff for over on te ar. ve had oer expert eporta for oN Oe ar. You have yet to provide @ reasan why you could met seek our c} ents dem ifa: 301On SOON: OF the subgoer oued the records remain the same excegt for undated records ara! rect ards. poroly dite th tex weay Bum, prod c 3 IPHUTIeS. You hav A KE Be COM p agtl deposition within the timeira aitierad by the court and you ar oe ns You ri ci bot one path: de wry tb! the timeframe you demandad, agree td a joint maha Phat hy wae ye OX LORY te covery insyosid the deadiin: 8, and Row fo issue threats. We ne sy AECL i ab to your d ay oe ew or your fi ity fo prosecute this case ine timely manrasr: We ary dB ot ODOS ae CON 3 your falure to complete discovery in drety manner, » a¥ ay FyFoe ag cammmodation. We have no other dation fer you o au Seest you seek o Intervent we tetad xo sue jlure ta meet the Court deadlines. PANE, See oeay rue &1 RG] §8 & aS BN BTN oa xt rendu sot ely for the use of the individuals or ent eto whom iis audOE a nove to. ism the cane ff your ¢ Bat WESfi ta gitend the srt 5 Wes 0G590 Fgonkbo-seuntyahie Clerk. of Courts pidbeRommon Ress 2023 Oct24.B:99AME2CV004939 F15 nate reason you are unable to attend er providea te that warks bnefore the scovery outs ae, i ThE PERSON y the delays gitaling ma al record: ESHS C858. Plgintif is at THe reagan t Rat HE ITE ap 2 ad rath eae ed. You and yourd then yreacl PV OF ee VEN S wae my * iastie for art atort ey oO ehasen not ic take aeof yt Ganield Y. Downey, Partser a 8 pais BG ximagedod if vit ee PON SENTIALTY ROTES we 8 ane ase a sh iy 2 ago Fron 28 Sent: Sectot #23, B20 Tor Matthew Yo LENE 03 SES Le w 3: ais 2 of etat YY oe 8 e Subject RE ¥ sRWe w ayyy e NE Yesgh only: ested shent's denesition far the 1Te ASE ain Se: ae O33 a ite aving over ane yesr fo complete the o & Wed < ky ee OTe a Bwith ah § ty rwithesses you A sy af withs An thas & i Oe 2 groyided +ue je Court Ss a Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - Fl Om Ged FS, 2023, at $:18 SM, Ban owney Wrote: My. FHF Sege: Fy ant has keen prag iy fond, You ty ave not pre’ ded any avallabiiie for your AUS a ang af Ns Ytot iY current discovery cute. he Court has beer save}th tt Ay aytansiora miay he desisd, The process of a ey Ae: a w you bean quite chall ging to say the stf We ke On tes yous a Tito seek an extension so. 5 vot a shar that ah ee you Sf) adege: ON ayaa ats TROTE Cony HONE Ligne ek why we should Se in the position to request iis fram the Co ages EL on your schedule pres: nis (he adrnicalian, Y Vis St ar Ve ward with the desesitien ths week SS. YOU F KIO te E ard ah dt 1d se Court is agreeable. hans 3 He. éAss Mat thew £ You: IS. ate 4S ag 3 PS ay Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F18 ue Ha EN pres AOE ALITY S wo sere a oaSe ne vs as wh yy ve wis Fromn Scott Sn ag Sent: Wednesday, October 18, 29. TF PRY To: 8, thew Your Cer 8 Law Py ey Subject: IEXT] Re: Notice of Sf Ht 58 ehHe Saat Maithow, You were previously ady & d the date on the ne you provich Sed does not work Ay caigndar, fasketh et cna withdraw the noticeas the Slain f will not be OSs WHEN NOTE ed Your 9 SCOR rarary ter Rule aad the mandates of the Ohig Sugrame Court Scait ENs of Sth: BL ok St ar Ne med solely for the use of the JAG ais ar ant san a advessed. Ga Get 18,2 G23, at S25S6 PM, Matthew You pwerote att oh afganklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 F Ag you re aware, we were unable to come ft an agreement for extending the ties tire ie for dh STU: inte Agey AlN veniier, As guch, the attached nor wil d tod Mfatthew 1 Young, Associate 1s 2404 8 2.85% ash 4 simagedol gifs Aes Sent: acne: tober 14, 2 AN For Scott Smith Ce: Le Sig ie Founes; SES Law Subject: RE eNTS VW. State F, Ma: Seat, aot suggesting axtension ig ay s favor oF mys ak we should extend to allow Plaintif te desase our experts as Ww s Niet awe S Young, Assacigte a4g AE B2 dod SS 3 se Rishi _ DOW NEY FD Avsrecur & RIePENHOFE: AR osomsaa oa w a CE eS = sen af sh se £ Ra vi i aM wet i By & es Frog: S ott Smith < trialaw came os Sent: eu 38:3 SPRRf ‘ay, October. 10, 3 Ta: BS ays iS heldawns Ger Laure nds SOS. png> simagedid pry; STALE TRARY FY NOTHE. eh these ‘s ae ye s e tg 8e xe ses8 ah a we hee 3 Se Fram: Scott Seyith 5: <. isa: set Sent: Me da Oe! Ser iQ, 23 TAO Te: Yor iB wrote: Yor fine with eaten: g for expert depositions as we {, Ave you sare e byl ieek oH nh extension for dépostions wh we land on dates for depositions of Me. Thomas and our exr ts Matthenr J, Young, A SSGCHNE sy {ole Sh Sedk BBN Bae3 gy § WE D ‘ sagelOe. ong: os ITY eOSong> simagedG4.ong> SONEE BLE Y SEHCE, s she A # s s ae val s atte sf pose te abe at Fram: Sco PESSe: sf uo Sant: Tues Oo OES: 2023 List MM Tar tthew Young Fax TE Ne: senhdential, and i% ihe i 3 ended solely fo: ¥ ease of the individuals or entities te vada 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F2 ne Os £10, 2023, at ih: 34 AM Matths Young ay aye SN rote Seat S As Fve iehicsted before, fim happy beg ah8 o Novernbe +r, SUT we WR igid a he ed ta OU Ma a aging the a& scovery deadiine fa: ited purpose af taking agifi Hffs deposith e Sh e the curt would ee ‘8 ny aesuse iwi not b ypact ather d Sins GF QTQS ot OF Matthew 2. Young, Aggockets AS § ay yy m8 oe gay etetagedo2 9 e suniagenas ; 3SHS& sity i SENT. gs ed Ainmge simage’ EN Bie ws we ae asain: sg s fe Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F2 s Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F2 THe SUPREME Court of On10 Eeenee eee ee aRa “ DEPOSITIONS oN a Ce "y DON Ss ss Lbs H ay pad SSE If there is one area of the practice of law that consistently giv ise to an inordinate number of complaints about lack of professionalism, it is the area of depositions. Depositions, fF course, are an extremely important and valuable component of our adversary sysiem, but, if abused ane mishandled, they can engender unnecessary and costly strife that impedes and undercuts the enth pracess. To help correct this situation, the Commission on Projessionatism is publishing the following guidelines, a set of deposition “dos and don ts The Canim ion believes that if lawyers follow these guidelines which are consistent with, and to some extent provide Specific amplification of: the Supreme Court s Statements an Professionalism fenvyers will be able ta use depositions to advance the legitimate interests of their clients, while, at the same time, treating all participants in the procexs, including deponents and opposing counsel, with courtesy, civility, and respect. It is not the Commissions intention to regulate or to suggest additional bases for discipline, but rather to facilitate the promotion of professionalism amon Oltio’s law ‘sin short, by adhering to these guidelines, lawvers will be acting as professionals and in the manner that the courts expect. The. ore, as a lawyer whe is scheduling, conducting or attending a deposition. ‘ %as a Review the focal rules of the jurisdiction where you are practicing before you begin. Cooperate on scheduling. Rather than unilaterally sending out a notice of deposition, call opposing counsel first and cooperate on the selection of the date, time, asd place. Then send out a notice reflecting the agreed upon date. if, after a deposition has been scheduled, a postponement is requested by the other side cooperate in the rescheduling ante: s the requested postponement would be one of those rare instances that would adversely aff 4 your client's rights. Arrive on time. Be prepared, including having multiple copies of all pertinent docements available in the deposition room, so that the depositiono: an proceed efficiently and expeditiously. Tura offal) electronic devi 28 Tor receiving calls and messages while the depos JON FS RY progress, Bae. EXHIBIT 2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 24 8:39 AM-22CV004939 0G590 - F27 ayer en Attempt to agree, either before or daring the depasition, to a reasonable time limit for the deposition. Treat other counsel and the deponent with courtesy and civilit Go “off record” and confer with apposing counsel, privately and outside the deposition room, if you are having problems with respect to objections, the tone of the questions being asked or the form of the questions. Recess the deposition and call the court for guidance if-your off-the-record conversations swith opposing Counsel are not successful in resolving the “problem.” {fa witnes: shown a document, make sere that you have ample copies to distribute simuliancously to all counsel who are present. Ifa deponent asks te see a document upon which questions are being asked, provide a copy ia the depanent. Inform your client in advance of the deposition (if the client plans to attend) that you will be conducting yourselfat the deposition in accordance with these “dos and don'ts ry ee, TY Attempt to “beat your opponent io the panch” by scheduling a deposition fora date earlier than the date requested by your opponent for deposition(s) that he or she wants to take. Coach the deponent during the deposition when he ar she is being questioned by the other Sh ee Make speaking ohjections to que: io or make statements that are intended tw coach the depouent, Simply say “object™ o Sabjection.” Make nide and degrading comments to. or ad hominen attacks on, deponest or opposing cotmsel, either when asking questions or objecting to questions. Instruct a witne ‘88 to reflise to answer a question unless the testimony sought is deemed by you to be privileged, work product, or self-incriminating, or if you believe the examination is being conducted in a manner ag to unreasonably annoy or embarrass the deponent. ake depositions for the purpose of hacassing a witness or in order to burden an opponent with increased litigation expenses. Overtly or covertly provide answers to questions asked of the witnes: Demand conferences or breaks while a question is pending, anless the purpose is to determine whether a privilege should be asserted. Engage in conduct that would be inappropriate in the presence of a judge. Ta rena: Coost of O10 #5 South Frost Sire ct Cokuntbas, Ohio gga 13 ¢ sapremeconr ohio way Rests 09"7