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*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.
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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