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  • FD-2012-431 document preview
  • FD-2012-431 document preview
  • FD-2012-431 document preview
  • FD-2012-431 document preview
  • FD-2012-431 document preview
  • FD-2012-431 document preview
  • FD-2012-431 document preview
  • FD-2012-431 document preview
						
                                

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ARQ ANA *1045493951* IN THE DISTRICT COURT OF PAYNE COUNTY FEB 18 2020 STATE OF OKLAHOMA COURT CLERK ° se BRAD J. KASTL, ) DEPUTY ) Petitioner, ) ) vs. ) Case No. FD-2012-431 ) LORI J. KASTL, ) ) Respondent. ) MOTION TO COMPEL wee ee COMES now, the Petitioner, Brad J. Kastl, by and through his attorney of record, Jill M. Ochs-Tontz, and moves this court to compel the Respondent to comply with Discovery. Petitioner's counsel sent a letter to Respondent's counsel on November 15", 2019 requesting that Respondent provide her income to our office within thirty (30) days of receiving said letter. Petitioner's counsel sent a second letter requesting Respondent's income on October 17%, 2019 and filed a Motion to Produce on October 18", 2019. This was immediately served upon counsel. This was again requested at mediation because the parties advised we had incomplete financial information on Respondent. That Respondent has failed to fully answer or comply with Discovery as of the current date. Respondent is vindictively and arbitrarily refusing to comply with the Discovery Laws of Oklahoma, thus causing Petitioner to accrue additional attorney's fees to avail himself relief through the Courts. Respondent has wholly failed to address any of the Interrogatories or Requests for Production as well as Admissions. That Respondent exhibited this same behavior in the previous hearing on child support to where Petitioner had to issue subpoenas in order to get the information due to Respondent's failure to comply. That the Petitioner has been required to expend money for attorney's fees and costs in order to prosecute this action and that the Petitioner should have and recover additional judgment fees and costs accrued and accruing. That Respondent has willfully and egregiously refused to answer Discovery and comply with Oklahoma Law. Petitioner has given Respondent over (30) days which is allowed by statute to comply with discovery and has received nothing as of this date. Respondent also has failed to produce hard documents for discovery as of this date.WHEREFORE, premises considered, the Petitioner moves the Court to compel Respondent to answer said discovery requests and to award attorney's fees and costs incurred and any and all other relief the court deems just and proper. w DATED this_| 8 day of February, 2020. 405.293-6634 (phone) 405.282.0440 (Fax) jill@ochs-tontzlaw.com Attorney for the Petitioner CERTIFICATE OF MAILING |, Jill M. Ochs-Tontz, do hereby certify that a true an ct copy of the above and foregoing Motion to Compel was mailed this _ | day of February, 2020, to Melissa DeLacerda, Attorney for Respon chs-TontzYB yhibit A! i "Ni I 04 o 1044590982 IN THE DISTRICT COURT OF PAYNE COUNTY OCT j ¢: 2019 STATE OF OKLAHOMA By LORI ALLen, Coun * . Clerk IN RE THE MARRIAGE OF ) oo e ) BRAD J. KASTL ) CASE NO. FD-2012-431 Petitioner, ) And ) ) LORI J. KASTL, ) Respondent, ) MOTION TO PRODUCE TO: Respondent, LORI J. KATSL Pursuant to the Oklahoma Discovery Code, 12 0.S. 3224 et seq., Petitioner submits the following discovery requests to Respondent. As used herein, the term “you” or “your” includes you personally and, Additionally, any agent, attorney, accountant, consultant or other person acting or purporting to act for you or on your behalf, whether now or formerly. In the event that privilege (including work product) is claimed concerning any question or request made herein, please describe the nature of the privilege claimed; provide the name of the person with whom such privilege is claimed; describe the information sufficiently to identify and explain the basis for the privilege claimed; and if a document is claimed to be privileged state the present location of the same and names, addresses and telephone number ofeach person who has seen the document before the date these discovery requests. Pursuant to 12 0.5. 3234, Petitioners’ requests that Respondent produce for Petitioner's inspecting and/or copying, at office Of Petitioner's undersigned attorney, within thirty (30) days following your receipt of these requests, the following: Request for Production No. 1: Produce your 2018 tax return, or proof of 2018 income if a return has not been filed, as well as your 2019 Year to Date income information. Request for Production No. 2: Produce proof of any and all 1099’s, proof of sale &/Or closings on properties, commission checks issued to your by your employer for 2018 and 2019. Appfoyed by: Jill Gs Tont Och z Law, PLLC 109 % N. Division St. Guthrie, OK 73044 Jill@ochs-tontzlaw.com Attorney for Petitioner