Judge Gary Tabor
Two issues were brought before Thurston County Superior Court Judge Gary Tabor’s Hearing on Friday, March 29, 2013 in the case of JZK, Inc. vs. Virginia Coverdale:
1. No distribution of deposition transcripts
In recent weeks, Coverdale concluded no agreement with JZK, Inc. attorneys after a series of exchanges for her to release discovery materials in the case. Therefore, JZK, Inc. attorneys brought a motion for a protective order on “discovery materials” that can not be disseminated [i.e. transcripts and videos of any deposition and other items the Court allows to be reviewed by the plaintiff, JZK, Inc.].
The Court granted JZK, Inc’s. motion for several reasons, elaborated by Judge Tabor.
2. Doctors and clergy can not use their professions as reasons to not be deposed
Enlightened Europa (EE), a Facebook group aligned with Coverdale, hired Yelm-based attorney Breckan C. L. Scott, who markets herself as a Personal Injury & Criminal Defense Attorney. Scott objected to the Court about JZK, Inc’s subpoena for Facebook to release information related to certain of their user accounts. Scott said the information content exchanged within the group and any information relating to the identity of the groups is “privileged” and should not be subject to a subpoena, in part because of EE’s claim the purpose of the group is “recovery,” and explicitly because members include two doctors, a Registered Nurse and a Christian Pastor (Jeff Adams of Yelm-based Paramount Christian Church). Adams was previously fined by the Court $500 for “refusal to testify.”
JZK, Inc. lead attorney Jeffrey Grant
Further, EE group members claimed in their declarations that JZK, Inc. lead attorney Jeffrey Grant was manipulating the law and that Judge Tabor was not following the law correctly. Judge Tabor reminded the EE attorney and their members present that his is a Court of the law, not hearsay and accusations.
Mr. Grant is a Shareholder of the Seattle firm Skellenger Bender and “an adjunct faculty member of the Seattle University and University of Washington Schools of Law, participates as an instructor for the National Institute of Trial Advocacy (NITA), and has received Martindale-Hubbell’s highest rating (“AV”).”
The Court found no status to protect the doctor and pastor under “privileged communication”, however did find there could possibly be some privacy issues regarding details of identities of individuals at this point in the case. Therefore, the Court narrowed the scope of the Facebook subpoena to the IP addresses for the 24 individuals named in the JZK, Inc. subpoena.
In denying their motion for a “protective order of privileged communication,” Judge Tabor laid down the potential of JZK, Inc. attorneys scheduling a second deposition for Coverdale and Dr. Brain Keay plus deposing Pastor Adams without benefit of any claim of “privileged communication.” Therefore, Coverdale, Keay and Adams lost whatever protection they thought they should possess in seeking to limit further questioning by JZK, Inc. attorneys.
Coverdale and her colleagues must comply with both JZK, Inc. motions granted by the Court.
The Court has kept a narrow focus in this case as stated from the outset – that this is a breach-of-contract case and is not about limiting any person’s freedom of speech nor copyright infringement, as covered here November 14, 2012.
Blog writer Klein is in his 28th year as a student of Ramtha’s and has been employed by JZ Knight for 10 years.