Light on shadow
So I started bravely into the unknown with my first "meet and confer" invitation email. I was nice. I post it here to attempt to shed some light on this murky legal process for those who are curious. I have come to a point of respect for anyone who earned the right to put JD after their name. Law is hard work.
Anyway, for non-lawyers reading this, by way of explanation, I am going to ask Judge Selna to protect me from being forced to comply with Toyota's excessive demands written in the subpoena, especially in regard to the deposition, and am also hoping for some easing of conditions on account of war, health, money, and so forth. But before I go to court, the rules say that I am supposed to first make an effort to reach agreement with Kevin (ie Toyota) on these requests.
I wonder if Kevin will even answer this email.
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Kevin,
Hi. [I understand that you are the correct contact person.]
David informed you a few days ago that I have not retained him, so for the time being I remain pro se. I hope that will change soon, but meanwhile I am carrying on as best I can.
1. Will you be moving the response date? Please confirm your current understanding of the response date.
2. Will you kindly provide me unredacted copies of your motion and all exhibits? I am in process of renewing my PACER login and ID, and I am able to only receive that by postal mail, so it will take time. Anyway, I think would like to see all the unredacted material, and the docket will contain only redacted. These materials will be helpful as I continue drafting my brief for the motion to quash.
3. I would like to know what you would do if I just made a declaration about where I got the relevant documents. This is really not rocket science. The subpoena is way overbroad and I am confident that it won't hold up, but meanwhile I thought to give you a chance to just narrow down your demands to what the court actually ordered.
4. If you think it necessary, we can schedule a meet and confer phone call about my motion for protective orders and motion to quash, or any other matter that must be discussed. If you want to speak, please let me know your thoughts on a schedule (10 hours time zone difference, so we can speak only first thing in the AM or late in the PM your time). I am including my draft of the protective order requests below. Item 7 is particularly vexing right now. I reserve the right to revise these before they are filed. Meanwhile I would like to know whether we can agree on any of them. I prefer your responses in writing, but am glad to discuss by phone also.
Thank you.
Betsy
[Summary of draft of part of motion for court protective orders]
1. COST SHIFTING2. DEPOSITION BY telephone or videoconference, or in person in Israel
3. DEPOSITION DATE POSTPONED UNTIL AT LEAST SEPTEMBER
4. HEALTH CONCERNS WITH TRAVELING
5. DIRECT PAYMENT OF TRAVEL COSTS
6. TRAVEL DAYS ALLOCATED TO JET LAG RECOVERY
7. SKADDEN TO FILE AND SERVE DOCUMENTS TO THE COURT
8. APPEAR AT HEARINGS TELEPHONICALLY