On December 16, 2005 a
Order
was filed
involving a dispute between
David A Cote,
and
Derick Case,
Noland Company,
for AUTO NEGLIGENCE
in the District Court of Palm Beach County.
Preview
IN THE CIRCUIT COURT OF THE 15™
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO. 502005CA011743XXXXMBAO
DAVID A. COTE,
Plaintiff,
vs.
DERICK CASE and :
NOLAND COMPANY, pe Oo
on ~
oat
Defendants. a 8
/ S? '
a2 nN
= 2
=
PLAINTIFF’S MOTION FOR PROTECTIVE ORDER
COMES NOW the Plaintiff, DAVID COTE, by and through his undersigned counsel,
respectfully moves this Court for a Protective Order and states as follows:
1. Plaintiffs Counsel has been advised of Defense Counsel's office contacted
Serena Leigh, Plaintiff's child mother, recently via telephone.
That apparently Defense Counsel's office contacted Ms. Leigh and made
2.
inquiry into a line of questioning regarding child support, child support payments and the
personal relationship between her and the Plaintiff, and Plaintiff with his child.
That no derivative claims has been filed in this case.
4.
That no allegations have been made concerning child support issues or the
. 5.
like. Defense Counsel is already in possession of the extensive and lengthy report of the
vocational rehabilitation expert, which does not speak to childcare issues.
That this is a personal injury action and child support payments or any other
6.
issues related to child support are clearly irrelevant and tend to be harassing in nature.7. That the only reason that the undersigned has been made aware of this
contact was based on the fact that the potential witness felt harassed by the line of
questioning.
8. That due to the foregoing, the Plaintiff seeks Court protection precluding
Defense Counsel, her agents, employees or other personnel from directly contacting
members from the Plaintiffs family, friends, etc., and particularly regarding irrelevant and
harassing interrogation.
9. That under the circumstances the Plaintiff is requesting prior Notice be given
to Plaintiff's Counsel preceding any future contact with such individuals, to avoid further
harassment or embarrassment.
WHEREFORE, the Plaintiff prays that the Court enter a Protective Order
accordingly.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing has been furnished by US Mail &
Facsimile, this 30, day of March, 2007, to: Maria Dalmanieras, Esq., Restani &
McAllister, P.A., Sun Trust Bldg. - Ste. 1050, 201 Alhambra Cir., Coral Gables, FL 33134
ELLIS & GED, P.A.
Attorneys for Plaintiff
7171 North Federal Highway
Boca Raton, FL 33487
Telephone: 561-995-1966
Facsimile: 561-241-0812
By:
Marc L. Bebergal
Florida Bar No.: 563331
a3
Document Filed Date
April 02, 2007
Case Filing Date
December 16, 2005
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IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502005CA011743XXXXMBAO DAVID A. COTE, Plaintiff, vs. DERICK CASE and : NOLAND COMPANY, pe Oo on ~ oat Defendants. a 8 / S? ' a2 nN = 2 = PLAINTIFF’S MOTION FOR PROTECTIVE ORDER COMES NOW the Plaintiff, DAVID COTE, by and through his undersigned counsel, respectfully moves this Court for a Protective Order and states as follows: 1. Plaintiffs Counsel has been advised of Defense Counsel's office contacted Serena Leigh, Plaintiff's child mother, recently via telephone. That apparently Defense Counsel's office contacted Ms. Leigh and made 2. inquiry into a line of questioning regarding child support, child support payments and the personal relationship between her and the Plaintiff, and Plaintiff with his child. That no derivative claims has been filed in this case. 4. That no allegations have been made concerning child support issues or the . 5. like. Defense Counsel is already in possession of the extensive and lengthy report of the vocational rehabilitation expert, which does not speak to childcare issues. That this is a personal injury action and child support payments or any other 6. issues related to child support are clearly irrelevant and tend to be harassing in nature.7. That the only reason that the undersigned has been made aware of this contact was based on the fact that the potential witness felt harassed by the line of questioning. 8. That due to the foregoing, the Plaintiff seeks Court protection precluding Defense Counsel, her agents, employees or other personnel from directly contacting members from the Plaintiffs family, friends, etc., and particularly regarding irrelevant and harassing interrogation. 9. That under the circumstances the Plaintiff is requesting prior Notice be given to Plaintiff's Counsel preceding any future contact with such individuals, to avoid further harassment or embarrassment. WHEREFORE, the Plaintiff prays that the Court enter a Protective Order accordingly. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing has been furnished by US Mail & Facsimile, this 30, day of March, 2007, to: Maria Dalmanieras, Esq., Restani & McAllister, P.A., Sun Trust Bldg. - Ste. 1050, 201 Alhambra Cir., Coral Gables, FL 33134 ELLIS & GED, P.A. Attorneys for Plaintiff 7171 North Federal Highway Boca Raton, FL 33487 Telephone: 561-995-1966 Facsimile: 561-241-0812 By: Marc L. Bebergal Florida Bar No.: 563331 a3