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ipenor Court - Nortoik
scket Number 2282C\V00920
1B-0
EFILED 40/12/2023 & DOCKETED 10/13/2023
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS: SUPERIOR COURT
CIVIL ACTION NO.: 2282CV00920
GLORIA SHALDERS. y Junue ] 2Y, sah pt
PLAINTIFF
Me roe ah
Vv.
died
HIGH POINT TREATMENT CENTER, SA
I.N.C., DANIEL S. MUMBAUER, CEO, >A
JESSICA HARGROVE.
LISA AKINS AND MICHELLE a
DEFENDANTS )
DEFENDANTS’ MOTION TO QUASH PLAINTIFF’S “WRITTEN DEPOSITION
UESTIONS” TO DEFENDANTS, AND SEEKING PROTECTIVE ORDER
NOW COME the Defendants, High Point Treatment Center, Inc. (“High Point”), Daniel
S. Mumbauer, CEO (“Mr. Mumbauer”), Jessica Hargrove (““Ms. Hargrove”), Lisa Akins (“Ms
Akins”), and Michelle Strait (“Ms. Strait”) (collectively, the “Defendants”) in the above-entitled
action, pursuant to Rule 31 of the Massachusetts Rules of Civil Procedure, and respectfully
request that this Honorable Court ALLOW this Defendants’ Motion to Quash Plaintiff Gloria
Shalders’ “Written Deposition Questions to Defendants; namely, her: Written Deposition
Questions to Defendant, High Point Treatment Center, Inc. Written Deposition Questions to
Defendant, Daniel S. Mumbauer; Written Deposition Questions to Defendant, Jessica Hargrove:
Written Deposition Questions to Defendant, Lisa Akins; and Written Deposition Questions to
Defendant, Michelle Strait (collectively, the “Written Deposition Questions”), and issue a
protective order prohibiting Plaintiff from taking the Deposition Upon Oral Examination
pursuant to Mass. R. Civ. P. 30 of any party or witness, if Plaintiff seeks to depose that party or
/
witness by written questions pursuant to Mass. R. Civ. P. 31
iperior Court - Nortoik
icket Number 2282CV00920
. +
As grounds therefore, Defendants state that Plaintiff's Written Deposition Questions are
fatally defective, insofar as they all completely fail to designate an officer by name and address
who will take the testimony of the respective Defendants in response to the questions, and
prepare, certify, and deliver the record — as plainly required by Mass. R. Civ. P. 31. The
protective order sought by Defendants is also proper, as allowing Plaintiff to conduct both
Written Depositions and Depositions Upon Oral Examination of the same parties/witnesses
would be unreasonable, oppressive, irrelevant, and improper, especially taking into account
considerations of efficiency and economy.
As further grounds for this motion, the Defendants respectfully refer the Court to the
supporting memorandum filed herewith.
DEFENDANTS,
HIGH POINT TREATMENT CENTER, INC.,
DANIEL S. MUMBAUER, CEO,
JESSICA HARGROVE, LISA AKINS,
AND MICHELLE STRAIT,
By their Attorneys
/s/ John P. Coakley/Bradford E. Curtis
John P. Coakley, BBO #558685
Bradford E. Curtis, BBO #685833
MURPHY & RILEY, P.C.
100 Franklin Street, Suite 500
Boston, MA 02110
(617) 423-3700
Email: JCoakley@murphyriley.com
BCurtis@MurphyRiley.com
Ipenior Court - Nortolk
icket Number 2282CV00920
. .
CERTIFICATE OF SERVICE
I, Bradford E. Curtis, hereby certify that on this day a true copy of the within document
was served upon the Plaintiff by mail as follows:
Gloria Shalders, pro se
55 David Terrace, Apt. 19
Norwood, MA 02062
/s/Bradford E. Curtis
Bradford E. Curtis
DATED: September 21, 2023
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ipenor Court - Nortoik scket Number 2282C\V00920 1B-0 EFILED 40/12/2023 & DOCKETED 10/13/2023 COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS: SUPERIOR COURT CIVIL ACTION NO.: 2282CV00920 GLORIA SHALDERS. y Junue ] 2Y, sah pt PLAINTIFF Me roe ah Vv. died HIGH POINT TREATMENT CENTER, SA I.N.C., DANIEL S. MUMBAUER, CEO, >A JESSICA HARGROVE. LISA AKINS AND MICHELLE a DEFENDANTS ) DEFENDANTS’ MOTION TO QUASH PLAINTIFF’S “WRITTEN DEPOSITION UESTIONS” TO DEFENDANTS, AND SEEKING PROTECTIVE ORDER NOW COME the Defendants, High Point Treatment Center, Inc. (“High Point”), Daniel S. Mumbauer, CEO (“Mr. Mumbauer”), Jessica Hargrove (““Ms. Hargrove”), Lisa Akins (“Ms Akins”), and Michelle Strait (“Ms. Strait”) (collectively, the “Defendants”) in the above-entitled action, pursuant to Rule 31 of the Massachusetts Rules of Civil Procedure, and respectfully request that this Honorable Court ALLOW this Defendants’ Motion to Quash Plaintiff Gloria Shalders’ “Written Deposition Questions to Defendants; namely, her: Written Deposition Questions to Defendant, High Point Treatment Center, Inc. Written Deposition Questions to Defendant, Daniel S. Mumbauer; Written Deposition Questions to Defendant, Jessica Hargrove: Written Deposition Questions to Defendant, Lisa Akins; and Written Deposition Questions to Defendant, Michelle Strait (collectively, the “Written Deposition Questions”), and issue a protective order prohibiting Plaintiff from taking the Deposition Upon Oral Examination pursuant to Mass. R. Civ. P. 30 of any party or witness, if Plaintiff seeks to depose that party or / witness by written questions pursuant to Mass. R. Civ. P. 31 iperior Court - Nortoik icket Number 2282CV00920 . + As grounds therefore, Defendants state that Plaintiff's Written Deposition Questions are fatally defective, insofar as they all completely fail to designate an officer by name and address who will take the testimony of the respective Defendants in response to the questions, and prepare, certify, and deliver the record — as plainly required by Mass. R. Civ. P. 31. The protective order sought by Defendants is also proper, as allowing Plaintiff to conduct both Written Depositions and Depositions Upon Oral Examination of the same parties/witnesses would be unreasonable, oppressive, irrelevant, and improper, especially taking into account considerations of efficiency and economy. As further grounds for this motion, the Defendants respectfully refer the Court to the supporting memorandum filed herewith. DEFENDANTS, HIGH POINT TREATMENT CENTER, INC., DANIEL S. MUMBAUER, CEO, JESSICA HARGROVE, LISA AKINS, AND MICHELLE STRAIT, By their Attorneys /s/ John P. Coakley/Bradford E. Curtis John P. Coakley, BBO #558685 Bradford E. Curtis, BBO #685833 MURPHY & RILEY, P.C. 100 Franklin Street, Suite 500 Boston, MA 02110 (617) 423-3700 Email: JCoakley@murphyriley.com BCurtis@MurphyRiley.com Ipenior Court - Nortolk icket Number 2282CV00920 . . CERTIFICATE OF SERVICE I, Bradford E. Curtis, hereby certify that on this day a true copy of the within document was served upon the Plaintiff by mail as follows: Gloria Shalders, pro se 55 David Terrace, Apt. 19 Norwood, MA 02062 /s/Bradford E. Curtis Bradford E. Curtis DATED: September 21, 2023