Snyder v. Phelps et al

Filing 59

Request for Conference (Summers, Sean)

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Snyder v. Phelps et al Doc. 5 100EastMarketStreet P . OBox15012 . York,PA 17405-7012 Fax T e l717.846.8888 717.843.8492 S e a nE. Summers, Esquire Direct Dial Number:71,7.852.4997 E-mail: 21,2007 February T h eHonorable Richard Bennett D. U n i t e dStates DistrictCourt D i s t r i c tof Maryland U . S . CourthouseChambers 5D 1 0 1W. Lombard Street B a l t i m o r e\,D 2120I . Re. S n y d e rv. Phelps,et al. C i v i l No. RDB 06-1389 D e a r JudgeBennett: P l a i n t i f f hasrequested ttris conference and this letter is submittedpursuantto the Court's O r d e r ,by meansof a letter,datedNovember28, 2006. In general, Plaintiff is requesting that D e f e n d a n t ,Fred Phelps,be orderedto appearin Maryland for a deposition. B y way of background, Plaintiff previouslyrequested that Defendants sign a stipulation c o n c e r n i n gdiscoveryin Kansas. Defendants refusedand Plaintiff brought this matterto the C o u r t ' s attention. After somediscussion, Court indicatedthat therewas no supportin the the l a w to order Defendants sign the stipulationconcerning to discoveryin Kansas. However, P l a i n t i f f requested, alternatively, that DefendantPhelpsbe requiredto attenda depositionin K a n s a s . The Court indicatedthat it had the authorityto order DefendantPhelpsto be presentfor a depositionin Maryland. Basedupon that response from the Court,Defendants indicatedthat t h e y would agreeto a stipulationconcerning discoveryin Kansas. However,what Defendants m e a n tto say was *- they will agreeto a stipulationthey draft and that allows Plaintiff and his c o u n s eto be suedin Kansas. l B y way of further background, this dialogueonly beganbecause DefendantPhelps s u p p o s e d l y medical concerns has which preventhis travel. Plaintiff s stipulationstated " D e f e n d a n tPhelps,by and through counsel,represented the Court that his currentphysical to h e a l t hmadetravel to Maryland for a depositiondifficult." Incredibly,Defendants would not a g r e eto that paragraph the stipulationand requested of that it be changed state"Defendant to P h e l p s by and throughcoLlnsel, , represented the Courtthat he is unableto travelto Maryland to f o r a deposition."Anotheralarrning fact is that the Defendants refused agree paragraph to to l4 "Def,endants o f the stipulation which states agree to initiateor pursueany actionagainst not . . HarrisburgReading. . York. Lancaster Berwyn Hanover. Chambersburg February21,2007 P a g e2 P l a i n t i f f or his counselfor any act or omissionconcerningor relatedto discoveryin Kansas. The sole purposefor the Plaintiff or his counselto travel to Kansasis to accommodate Defendants the in the discovery process." The refusal to agreeto this paragraphrevealsDefendantstrue intentions. In a good faith effort to resolve this matter without the necessityof Court involvernent, Plaintiff eliminated much of the backgroundinformation in the stipulation and gave Defendants a n d Phelps-Chartered ability to file ethicscomplaintsagainstPlaintiff s counsel. It is the apparent that Defendants and Phelps-Chartered intendto useDefendantPhelpsdepositionas a jurisdiction over Plaintiff and his counselfor a subsequent b a s i sto establish lawsuit. I n response Plaintiff s good faith effortsto resolvethis matter,Defendants to responded b y stating"Defendantsarewithout sufficientinformationto know what business Plaintiff and his c o u n s e lhave doneor not donein Kansas,so it is not reasonable Defendants agreeabout for to t h e extentof Plaintiff and his counsel'sactivitiesin Kansas. Nor is it reasonable bind anyone to s o broadly aboutthe future." This statement missesthe point. The stipulationis clearly intended to bind Defendantsand their family law firm from pursuing litigation againstPlaintiff and his c o u n s e lfor discoveryin Kansas. After all, the discussions concemingDefendantPhelps' d e p o s i t i o nin Kansaswere only to accommodate him, purportedlybecause health concerns. of N o w , DefendantPhelpswill not even stipulatethatheis unableto travel because health of concerns. The Court and the parties have wasted enoughtime attempting to accommodate D e f e n d a n tPhelpsand it is clearthat his depositionis being usedas subterfuge that a separate so l a w s u i t can be filed againstPlaintiff or his counselin Kansas. Plaintiff respectfullyrequests that D e f e n d a n tPhelpsappearfor his depositionon the previouslyscheduled dateof March 5,2007, in Maryland at a place to be designated Plaintiff. by Sincerely, S e a nE. Sumrners S E S / d d b : r e 3 6 r r.Doc 24

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