Stelor Productions, v. Silvers

Filing 107

RESPONSE by Steven A. Silvers in opposition to [105-1] supplemental motion for protective order and incorporated memorandum of law (dj, Deputy Clerk)

Stelor Productions, v. Silvers

Doc. 107

Case 9:05-cv-80393-DTKH

Document 107

Entered on FLSD Docket 01/25/2006

Page 1 of 2 Jan 24 2006

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA STELOR PRODUCTIONS, L.L.C., a Delaware corporation, f/k/a STELOR PRODUCTIONS, INC., Plaintiff, v. STEVEN A. SILVERS, a Florida resident, Defendant. __________________________________

Case No. 05-80393-CIV-HURLEY

DEFENDANT'S RESPONSE IN OPPOSITION TO STELOR'S SUPPLEMENTAL MOTION FOR PROTECTIVE ORDER
Stelor is misleading the Court, intentionally. Silvers is no longer pursuing discovery relating to the request for consideration of sanctions based on the Court's Protective Order dated yesterday. In fact, prior to entry of the Protective Order, we advised Stelor's counsel, Kevin Kaplan, that we would agree to postpone the deposition of Mr. Epstein, the subject of its motion for protective order. Mr. Kaplan did not notify the Court of this agreement or withdraw the Motion For Protective Order as we assumed he would. Late yesterday we received a letter from Mr. Kaplan attaching the Court's Protective Order (which we had not seen) requesting that we withdraw any subpoenas that were served. We have not even had time to review the Court's Protective Order, much less contact the process server to notify it not to serve Goo Investments with a subpoena, or to contact Goo Investments if it has been served, or even respond to Mr. Kaplan's letter for that matter. Obviously, there is no need for Goo Investments to respond to our discovery request in light of the Court's Protective Order. And, considering that this is a subpoena requesting documents, it hardly merits a run to the courthouse by Stelor for another protective order less than 20 hours after the Court's Protective Order was issued.

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Case 9:05-cv-80393-DTKH

Document 107

Entered on FLSD Docket 01/25/2006

Page 2 of 2

There is absolutely no reason for Stelor to file the supplemental motion, and it should be denied. Respectfully submitted this 24th day of January, 2006. s/ Gail A. McQuilkin ___ Adam T. Rabin (FBN: 985635) Gail A. McQuilkin (FBN: 969338) DIMOND KAPLAN & ROTHSTEIN, PA Kenneth R. Hartmann (FBN: 664286) 525 S. Flagler Drive, Suite 200 KOZYAK TROPIN & THROCKMORTON, PA West Palm Beach, Florida 33401 2525 Ponce de Leon, 9th Floor T: 561-671-2110 / F: 561-671-1951 Miami, Florida 33134 T: 305-372-1800 / F: 305-372-3508 ==================================================================== CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 24th day of January, 2006, via first class mail and e-mail on the following: Kevin C. Kaplan, Esq. Burlington Weil Schwiep Kaplan & Blonsky 2699 S. Bayshore Drive, Penthouse, Miami, Florida 33133 E-mail: [e-mail] s/Gail A S. McQuilkin
3339/103/261746.1

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