Fill and Sign the State of Michigan in the 33rd Circuit Court for the County of Charlevoix Form

STATE OF MICHIGAN IN THE _____ CIRCUIT COURT FOR THE COUNTY OF _____________________ _____________________________, Plaintiff, v Case No. __________________ Hon. ________________ _____________________________, Defendant. ______________________________ ___________________________ ______________________________ ___________________________ ______________________________ ___________________________ ______________________________ ___________________________ __________________ ____________ ___________________________ ______________________________ ___________________________ MOTION TO QUASH DISCOVERY AND MOTION FOR PROTECTIVE ORDER NOW COMES, the Defendant, _________________________, by and through his attorney, ________________________, by ___________________________, and moves this Court to enter a Protective Order pursuant to MCR 2.302(C) denying Plaintiff s request for threatened discovery dated ____________________, as received and threatened by _______________ upon the Defendant. The Subpoena proposes to require the deposition of the Plaintiff’s ____________________, _________________, at the _____________________. In support o f said Motion, Defendant shows unto this Honorable Court as follows: 1 . The Plaintiff proposes to take the deposition of _______________________, the Defendant's ___________________. In fact, the Defendant has yet to be formally or personally introduced to _______________________. The Plaintiff proposes to take the deposition of a non -relevant witness who has never had any personal contact whatsoever with the Defendant. His testimony cannot be relevant. 2. Plaintiff Subpoena purports to request that ___ ________________ bring with him to the deposition “all written policies regarding employees with substance abuse problems. It further purports to require him to produce at the deposition "the complete employment record" of (Defendant) including substance a buse problems and benefits provided to employees with substance abuse problems. 3. The discovery request is more appropriately directed to the Records Keeper of Defendant's place of employment, and not his new supervisor. 4. The discovery threatened to be sought is for the purpose of harassing and annoying Defendant and to place him in a bad light before he meets his new supervisor. The Defendant asserts no such employment records would suggest ANY substance abuse problem what soever. 5. The Plaintiff s request to take the deposition of Defendant's supervisor at his place of employment is not only for the purpose of annoyance and embarrassment, and to place Defendant in a bad light before he even has an opportunity to meet his new supervisor at his place of employment, but also to force him to "settle" and enter into a consent judgment under duress. 6. Appended as Exhibit "A" and incorporated herein is a photocopy of e -mail purported advanced by the Plaintiff, _________________ ____, indicating they were transmitted from her place of employment, i.e., "From ___________________________” and addressed to the Defendant at his home at ________________________ ; or at the Defendant's business e -mail address _________________________ . One e-mail was dated _________________________, at _______________.m. 7. The second e -mail was dated _________________________, at ___________.m. 8. The _______________ e -mail suggests that______________ has prepared interrogatories, request to produce, a nd a Subpoena for deposition for Defendant's employer. Upon conversation with ______________________, by counsel for Defendant, _____________________ denies preparing a Subpoena for the deposition of Defendant's employer. However, _____________________ ack nowledges a Subpoena may have been prepared and signed by another attorney within his office. Either the Plaintiff is engaging in unauthorized practice of law or making idle threats. Nonetheless, the e -mail goes on to say that "____________________________ _____________________________" and demands a response to her proposal of settlement. No settlement had been received by the Defendant or counsel. 9. In the second ___________________ (sent______________) is an offer setting forth the parameters of settlement. It demands that a consent judgment reflecting the agreement must be signed by _________________________________. It further sets forth that if it is not accepted; the depositions will be set and Subpoenas served. 10. At the date of this ____________, at ___________________________, no offer of settlement, no proposed consent judgment nor property settlement agreement has been sent by Plaintiff's counsel to the undersigned and rep resentative counsel on the behalf of the Defendant. 11. This extortionary tactic falls in align with prior threats of procedural oppression made by Plaintiff through the ____________________ Defendant including, but not limited to: ______________________ _____________________________________ WHEREFORE, Defendant prays that this Court enter a Protective Order denying Plaintiff discovery pursuant to the preliminary threatened Request for Production of Documents and testimony threatened to be served by Plai ntiff upon the Defendant's supervisor, ____________________________, (or any other irrelevant witness or vexous demands of discovery) for the reason that said Request for Production of Documents, if permitted, does not comply with the expressed requiremen ts MCR 2.3 10 and seeks information that is not relevant to the subject matter of this divorce action and is for the sole purpose of annoying, harassing and embarrassing the Defendant. Respectfully submitted, Dated: ____________________ __ ____________ ______________ Attorney for Defendant State of ___________________ JUDICIAL DISTRICT _____ JUDICIAL CIRCUIT COUNTY PROBATE SUBPOENA Order to Appear CASE NO. ________________________ Court Address Police Report No. (if applicable) Court telephone no. Plaintiff(s)/Petitioner(s V Defendant(s)/ Respondent(s) [ ]People of the state of ______________ [ ] __________________________ [ ] Civil [ ] Criminal Charge [ ] Probate In the matter of In the Name of the People of the State of _________________. TO: ________________________ ________________________ ________________________ ________________________ You may be required to appear from time YOU ARE ORDERED to appear personally at the time and place stated below: and day to day until you are excused. 1. [ ] The court address above [ ] Other: Day: Date: Time: YOU ARE ALSO ORDERED to: [ ] 3. Testify at trial / examination / hearing. [ ] 4. Produce the following i tems: The complete employment record and file of ________________________, the written policies of ________________________________regarding employees with ____________________________ and a copy of the benefits provided to employees with _______________ ____________ . [ ] 5. Testify as to your assets, and bring with you the items listed in line 4 above. [ ] 6. Testify at deposition. [ ] 7. MCL 600.6119 prohibition against transferring or disposing of property is attached. [ ] 8. Other: