Suffolk New York Sample Letter for Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Duces Tecum

• Category: Letters - Legal - Documents
• State: Multi-State
• County: Suffolk
• Control #: US-0892LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP] Re: Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Ducks Cecum Dear [Opposing Party's Name], I hope this letter finds you in good health or as well as can be expected. I am writing to you as the Plaintiff's counsel in the [Case Name] pending before the [Court Name]. I have recently received your notice of deposition duces tecum, dated [Date], requesting various documents and records from our client, the Plaintiff. After thorough examination and review of this request, we respectfully object to this notice for the following reasons: Motion for Protective Order: 1. Over breadth: The notice requests a wide range of documents and records that are not reasonably relevant to the claims and defenses at issue in this case. Many of the requested items are outside the scope of discovery and are therefore burdensome and oppressive. 2. Confidentiality and Privacy: The requested documents include sensitive personal information, trade secrets, and proprietary business information. Disclosing such confidential information would not only violate our client's right to privacy but also expose them to potential harm and prejudice. 3. Undue burden: Complying with the extensive list of requests outlined in the notice would require an unreasonable amount of time, effort, and resources on our client's part. Such burden is disproportionate to the potential benefits obtained from the requested information. Motion to Quash: 4. Improper Service: The notice of deposition was improperly served as it failed to conform to the requirements set forth in the applicable rules of civil procedure. Specifically, it was not personally delivered and did not include a specific time and place for the deposition as stipulated by the court rules. 5. Lack of Proper Notice: The notice failed to provide our client with reasonable notice to prepare for the deposition adequately. The timeframe given was insufficient to gather the requested documents and obtain proper legal counsel to accompany the Plaintiff during the deposition. 6. Lack of Relevance: As mentioned above, many of the requested items are not relevant to the issues in this case and, therefore, the deposition is unnecessarily burdensome and harassing. Objection to Notice of Deposition Ducks Cecum: 7. Discovery Abuse: It is evident that the intention behind the notice of deposition duces tecum is to harass, intimidate, or unduly burden our client. This behavior is a clear violation of the principles of fair discovery and constitutes discovery abuse. Based on the aforementioned objections, we hereby request that you withdraw the notice of deposition duces tecum and refrain from pursuing this line of inquiry. If you are reluctant to do so, we will be filing a motion for a protective order and a motion to quash the notice of deposition with the court to seek appropriate relief. Please consider this letter as our good-faith attempt to resolve this matter amicably before involving the court. If you have any questions or concerns regarding this correspondence, please do not hesitate to contact me directly. Thank you for your attention to this matter. I look forward to your prompt response. Sincerely, [Your Name] [Your Title] [Law Firm Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP] Re: Plaintiff's Motion for Protective Order, Motion to Quash, Objection to Notice of Deposition Ducks Cecum Dear [Opposing Party's Name], I hope this letter finds you in good health or as well as can be expected. I am writing to you as the Plaintiff's counsel in the [Case Name] pending before the [Court Name]. I have recently received your notice of deposition duces tecum, dated [Date], requesting various documents and records from our client, the Plaintiff. After thorough examination and review of this request, we respectfully object to this notice for the following reasons: Motion for Protective Order: 1. Over breadth: The notice requests a wide range of documents and records that are not reasonably relevant to the claims and defenses at issue in this case. Many of the requested items are outside the scope of discovery and are therefore burdensome and oppressive. 2. Confidentiality and Privacy: The requested documents include sensitive personal information, trade secrets, and proprietary business information. Disclosing such confidential information would not only violate our client's right to privacy but also expose them to potential harm and prejudice. 3. Undue burden: Complying with the extensive list of requests outlined in the notice would require an unreasonable amount of time, effort, and resources on our client's part. Such burden is disproportionate to the potential benefits obtained from the requested information. Motion to Quash: 4. Improper Service: The notice of deposition was improperly served as it failed to conform to the requirements set forth in the applicable rules of civil procedure. Specifically, it was not personally delivered and did not include a specific time and place for the deposition as stipulated by the court rules. 5. Lack of Proper Notice: The notice failed to provide our client with reasonable notice to prepare for the deposition adequately. The timeframe given was insufficient to gather the requested documents and obtain proper legal counsel to accompany the Plaintiff during the deposition. 6. Lack of Relevance: As mentioned above, many of the requested items are not relevant to the issues in this case and, therefore, the deposition is unnecessarily burdensome and harassing. Objection to Notice of Deposition Ducks Cecum: 7. Discovery Abuse: It is evident that the intention behind the notice of deposition duces tecum is to harass, intimidate, or unduly burden our client. This behavior is a clear violation of the principles of fair discovery and constitutes discovery abuse. Based on the aforementioned objections, we hereby request that you withdraw the notice of deposition duces tecum and refrain from pursuing this line of inquiry. If you are reluctant to do so, we will be filing a motion for a protective order and a motion to quash the notice of deposition with the court to seek appropriate relief. Please consider this letter as our good-faith attempt to resolve this matter amicably before involving the court. If you have any questions or concerns regarding this correspondence, please do not hesitate to contact me directly. Thank you for your attention to this matter. I look forward to your prompt response. Sincerely, [Your Name] [Your Title] [Law Firm Name]