Professional Documents
Culture Documents
COUNTY OF JEFFERSON
)
CHRISTOPHER F. MAPLES,
)
)
)
)
)
)
PLAINTIFF
vs.
PAYNE FAMILY PROPERTIES LTD, et al
DEFENDANTS
NOTICE-MOTION-ORDER
)
)
)
NOTICE
Please take notice that the undersigned will, on Monday, May 11, 2015 at 11:45 a.m., or
as soon thereafter as counsel may be heard, make the following motion and tender the Order
attached hereto.
PLAINTIFFS MOTION TO RECONSIDER APRIL 27th ORDER GRANTING
DEFENDANTS MOTION TO STRIKE PLAINTIFFS DISCOVERY
COMES NOW the Plaintiff Christopher Maples, pro se (hereinafter Plaintiff or Mr.
Maples) and moves this Court to reconsider its Order dated April 27, 2015, granting the
Defendants Motion to Strike Plaintiffs discovery in its entirety and in support states as follows:
The motion by the Defendants for reconsideration of the Order(s) made herein on April
27, 2015, by the Honorable Judge Audra J. Eckerle granting Defendants Motion to Strike
Plaintiffs Interrogatories, Requests for Admissions and Requests for Production for
inadvertently serving them directly on the Defendants personally rather than their counsel.
Plaintiff hereby moves this Court to reconsider its April 27th Order(s) and reverse its ruling to
deny the Defendants procedurally improper motion which the fact and law do not support. The
attached memorandum is incorporated herein as if set forth in full. (See Order(s) collectively
are unable to reconcile their differences and that she has otherwise exhausted
all extrajudicial means in an effort to reconcile her differences with opposing
counsel. To the extent that extrajudicial means have not disposed of the
matter, a party may file an appropriate order under CR 37.
3. On or about April 27th the Plaintiff responded pursuant to CR 37 and objected to
Defendants said Motion to Strike and objected on the grounds that Defendants
Motion to Strike violated JRP Rule 402 and also was filed without any good-faith
certificate of conference with the Plaintiff, nor a memorandum of points and
authorities.
4. On April 27, 2015, this Court issued Order(s) granting the Defendants Motion to
Strike and denying Plaintiffs sound objection and thereby flagrantly disregarding
the scope and purpose of JRP 101. This mandates by law that this Court enforce
the JRP including JRP 402. This Courts Order(s) disregards the very Kentucky
Supreme Court which promulgated and approved the JRP.
5. Both the Defendants and the Courts misplaced reliance on a Motion to Strike as
vehicle to have the Plaintiffs discovery stricken from these proceedings raises a
serious mixed question of both fact and law of constitutional proportions.
6. Outside of CR 12.06, a Motion to Strike is relied on for striking briefs for
improper practice, e,g., CR 11 and is generally permanent. See Jones v.
Commonwealth, 593 S.W.2d 869 (Ky. Ct. App. 1979).
7. Thus, without a reversal of this Order it effectively ends the Plaintiffs pursuit of
discovery and without an amendment that alters or vacates the April 27th Order(s),
appears to bar the Plaintiff from resubmitting his discovery.
8. Furthermore, this Courts April 27, 2015, Order prejudicially reprimands and
penalizes the Plaintiff for merely sending discovery to the Defendants two (2)
days before Plaintiff was ever officially notified of the appearance of Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing was served via U.S. Mail
postage prepaid/hand delivered ,________________________this _____day of __________,
2015, by certified mailing same to:
CERTIFIED MAIL#:____________________________________
_______________________
Christopher Maples
1642 Beechwood Ave Apt 2
Louisville, KY
40204
(812) 207-9886
PETITIONER
v.
PAYNE FAMILY PROPERTIES LTD, et al
RESPONDENT
ORDER
Motion having been made and the Court being sufficiently advised: IT IS HEREBY
ORDERED THAT THE PLAINTIFF MOTION FOR RECONSIDERATION IS
GRANTED
.
____________________________________
JUDGE JEFFERSON CIRCUIT COURT
DATE_______________________
TENDERED BY:
_______________________
Christopher Maples
1642 Beechwood Ave Apt 2
Louisville, KY
40204
(812) 207-9886