IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC., Plaintiff, vs. Case No. 00-002750-CI-20 DELL LIEBREICH, individually and as Personal Representative of the Estate of Lisa McPherson, ROBERT MINTON, and THE LISA McPHERSON TRUST, Defendants. DEFENDANT ROBERT MINTON'S MOTION FOR PROTECTIVE ORDER AGAINST DISCLOSURE OF DOCUMENTS RELATING TO PAYMENTS The Defendant, ROBERT MINTON, by and through his undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.280(c), hereby requests this Honorable Court to issue a protective order limiting the manner in which certain subpoenaed documents as described below are to be discovered, and as grounds therefor would state: 1. On or about May 22, 2001, ROBERT MINTON was served with a subpoena duces tecum for deposition by the Plaintiff, CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC., in this cause in which ROBERT MINTON was to produce, among other described documents, "All documents relating to payments by you or by the Lisa McPherson Trust, Inc., to Kennan Dandar, Thomas Dandar, or their law firm." 2. It is the knowledge and belief of ROBERT MINTON and his undersigned counsel that the Plaintiff’s purpose in requesting these documents relating to payments to the Dandars is to show improper influence affecting decisions relating to the ongoing litigation in the case of
3. It is the knowledge and belief of ROBERT MINTON and his undersigned counsel that the Plaintiff, as a defendant in Pinellas Case No. 00-5682-CI, has sought discovery of these same described documents relating to payments in that case, presumably in support of the Plaintiff's position that ROBERT MINTON attempted to influence the course of that litigation, being essentially the same purpose for which the documents are sought by the Plaintiff in the present case. 4. It is further the knowledge and belief of ROBERT MINTON and his undersigned counsel that attorney Kennan Dandar, acting on behalf of the Estate of Lisa McPherson, has moved for and received protective orders from the Honorable Susan F. Schaeffer, Circuit Court Judge assigned as the trial judge in Pinellas Case No. 00-5682-CI, as stayed by the District Court of Appeal for the Second District in the appeal of ESTATE OF LISA MCPHERSON vs. CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC., Appeal Case No. 2D01-4036, requiring that all such documents relating to payments by ROBERT MINTON or by the Lisa McPherson Trust, Inc., to Kennan Dandar, Thomas Dandar, or their law firm, which have been produced by banks at which ROBERT MINTON kept checking accounts, be sent directly to Judge Susan F. Schaeffer to be reviewed in camera and to be held pending further action by the Court, in order to prevent disclosure of these documents relating to payments to CHURCH OF 2 SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC., prior to a determination of the degree to which such documents may be discovered. 5. It is the knowledge and belief of ROBERT MINTON and his undersigned counsel, based upon recent in-court statements and directives by Judge Susan F. Schaeffer in Pinellas Case No. 00-5682-CI, that this same protective order continues in force and effect at this time. 6. It would defeat the purpose of Judge Susan F. Schaeffer's orders and directives on this issue to compel ROBERT MINTON to disclose these same documents relating to payments to attorneys pursuant to the subpoena duces tecum for deposition in this cause. 7. On March 14, 2002, the Court ordered ROBERT MINTON to appear at 11:00 a.m. on April 8, 2002, for deposition and to produce the subpoenaed documents, at the same time directing ROBERT MINTON's undersigned counsel that a separate request for a protective order must be made in this cause in order to limit disclosure of these same documents relating to payments. 8. ROBERT MINTON seeks the same resolution of this issue as obtained in Pinellas Case No. 00-5682-CI, that is, to have the Court hold these documents relating to payments in camera pending further action by the Court. 9. As a matter of judicial economy and to avoid undue expense of production, ROBERT MINTON would suggest that the Court direct that only such documents relating to payments that have not already been produced in Pinellas Case No. 00-5682-CI and received by Judge Susan F. Schaeffer are to be transmitted by ROBERT MINTON to the Court, to be held in camera until further action by the Court. WHEREFORE, the Defendant, ROBERT MINTON, requests this Honorable Court to 3 order that ROBERT MINTON shall produce directly to the Court all documents relating to payments by ROBERT MINTON or by the Lisa McPherson Trust, Inc., to Kennan Dandar, Thomas Dandar, or their law firm that have not already been produced to Judge Susan F. Schaeffer in Pinellas Case 00-5682-CI, in lieu of producing these same documents at the deposition set on April 8, 2002, and to make such other orders as the Court deems appropriate. Respectfully submitted, Bruce G. Howie Piper, Ludin, Howie & Werner, P.A. 5720 Central Avenue St. Petersburg, FL 33707 Telephone (727) 3441111 Facsimile (727) X Florida Bar No. 263230 SPN 0085319 Attorney for ROBERT MINTON 4 Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by U.S. Mail to the following persons this 3rd day of April, 2002. F. Wallace Pope, Jr., Esq. P.O. Box 1368 Clearwater, FL 33757 (Also by fax (727) x) Samuel D. Rosen, Esq. Paul Hastings Janofsky & Walker, LLP 75 East 55th Street, Room 503 New York, NY 10022 Kennan G. Dandar, Esq. Dandar & Dandar, P.A. P.O. Box 24597 Tampa, FL 336234597 Bruce G. Howie Piper, Ludin, Howie & Werner, P.A. 5720 Central Avenue St. Petersburg, FL 33707 Telephone (727) 3441111 Facsimile (727) x Florida Bar No. 263230 SPN 0085319 Attorney for ROBERT MINTON 5 |
To Life and Death of Lisa McPherson