The federal court (CASE NO. 12-22211 -CIV-KING/MCALILEY) recently ruled on my motion to compel and Raanan Katz motion for protective order. This frivolous case arises from Raanan Katz, Miami Heat and RK Centers owner, money power ability to sue people for whatever he wants to sue, in this case for his alleged "unflattering" face. The Court ordered Katz continued deposition, and made financial production part very clear-this is what I was basically looking for.
"ORDER FOLLOWING HEARING ON MOTIONS
This cause is before the Court on Plaintiff's (Raanan Katz) Motion for Protective Order [DE 50] and Defendant's Motion to Compel [DE 56], which were referred to me by the Honorable James Lawrence King. [DE 51].
Defendant moves to compel Plaintiff's (Raanan Katz) continued deposition for the purpose of questioning him about his (Raanan Katz) finances and issues relating to her affirmative defenses, to include questions about Plaintiff's (Raanan Katz) views about Defendant's blogs. Plaintiff (Raanan Katz) opposes the motion, arguing that questions about his (Raanan Katz) finances are irrelevant because he has withdrawn his claim for monetary damages. Plaintiff (Raanan Katz) however, maintains his claim for injunctive relief, which requires that he (Raanan Katz) prove, among other things, irreparable harm.
In the motion, Defendant states that if Plaintiff (Raanan Katz) stipulates that he, and his related companies, have not suffered direct or indirect economic harm as a result of the alleged copyright infringement, there is no need for financial discovery about Plaintiff (Raanan Katz). [DE 56, p. 31. According to emails attached to the motion, defense counsel proposed such a stipulation to Plaintiff's counsel, who rejected this, stating that although Plaintiff (Raanan Katz) is not seeking monetary damages, "that doesn't mean damages were not suffered." [DE 56-2, pp. 1-3].
Plaintiff further seeks a protective order requesting, among other things, that the Court prohibit Defendant from taking his continued deposition, and limiting the use of his deposition testimony and other discovery to this litigation.
On June 27, 2013, I held a hearing on the motions and heard argument from counsel, at which time Plaintiff (Raanan Katz) made an ore tenus motion for the appointment of a special master to preside over his continued deposition. Plaintiff again stated that he does not seek money damages in this lawsuit. However, it was not clear to the Court whether he would stipulate that, in fact, he suffered no monetary damages as a result of the alleged infringement.
For the reasons stated in open court, which are incorporated in this Order, it is hereby ORDERED that:
1. Defendant's Motion to Compel [DE 56], is GRANTED in part. Defendant may
take Plaintiff's (Raanan Katz) continued deposition, which will last no longer than 2 hours, on a date and time agreed to by the parties. Defendant may question Plaintiff (Raanan Katz) about issues relating to her affirmative defenses, including Plaintiff's views about Defendant's blog. Should Plaintiff stipulate that he (Raanan Katz) and his related companies suffered no direct or indirect economic harm as a result of the alleged copyright infringement, then Defendant is precluded from questioning Plaintiff about his finances. If Plaintiff (Raanan Katz) does not enter into that stipulation (or another stipulation that both parties agree removes the need for this inquiry) then Defendant is permitted to inquire into this subject at the deposition.
2. This Court hereby directs that any information produced by the Plaintiff from this date forward in discovery that concerns his finances, and the finances of his related companies, may be used only for the purposes of this lawsuit. Counsel for both parties may submit to this Court a proposed limited protective order that sets forth more specific terms for the order stated in this paragraph.
3. Plaintiff's Motion for Protective Order [DE 50], is GRANTED in part.
4. Plaintiffs ore tenus Motion to Appoint Special Master, is DENIED.
DONE AND ORDERED in chambers at Miami, Florida this 28 day of June, 2013.
CHRIS MCALILEY
UNITED STATES MAGISTRATE JUDGE
cc: The Honorable James Lawrence King
All counsel of record"
Notably, Federal Judge pointed to Raanan Katz attorney, Mr. Alan Kluger, behavior during deposition as unacceptable, specifically when Mr. Kluger called my attorney and myself "Dogs".
Wow, what this Judge would say if she observed another Raanan Katz attorney Mr. Todd Levine after recent hearing in state court when he literally physically attacked my attorney, while he was preparing the order on Motion For Bond Enlargement. Or what the judge would say about Mr. Levine aggressive verbal attacks during deposition towards myself. Both attorneys Alan Kluger and Todd Levine are from Miami based law firm Kluger, Kaplan, Silverman, Katzen, Levine.
Finally, Federal Judge mentioned that she did not see such a case for a long time.