Opposition to Modify Protective Order

April 16th, 2018

Case Number: 37-2012-00099849

Document: 186 Pages

Excerpt:

“The Court must deny the pending motion to modify the January 6, 2017 protective order. The real party interest is not plaintiff Jose Lopez (“Plaintiff”), but rather his attorneys, The Zalkin Firm (“Zalkin”). Although Plaintiff and defendant Watchtower Bible and Tract Society of New York, Inc. (“Watchtower”) have settled the case and payment has been made, Zalkin now stands in the way of dismissal. Zalkin asks this Court to modify its “carefully considered” protective order based on the theory that Zalkin can save money in unrelated cases by recycling the work product of its expert in this case. (Declaration of Ryan C. McKirn (“McKirn Deel.”), 12, Ex. I, minute order dated January 6, 2017, p. 2.) There is no evidence to support Zalkin’s motion and Zalkin’s arguments in support of this motion are inconsistent with its prior stateme_nts to this Court. Thus, this Court must refuse to participate in Zalkin’s blatant gamesmanship, and deny Zalkin’s request to use highly confidential documents in unrelated cases.”