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IAFRATE & ASSOCIATES

649 North Second Avenue

Phoenix, Arizona 85003

(602) 234-9775

Michele M. Iafrate, #015115

miafrate@iafratelaw.com

Attorney for Defendants Maricopa County and William Montgomery

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Leslie Merritt, Jr.,

Plaintiff,

vs.

State of Arizona, et al.

Defendants.

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NO. CV17-04540-PHX-DGC

DEFENDANTS MARICOPA 

COUNTY AND WILLIAM 

MONTGOMERY’S MOTION FOR 

PROTECTIVE ORDER FOR 

WILLIAM MONTGOMERY’S 

DEPOSITION

Defendants Maricopa County and William Montgomery (“Defendants”), move 

this Court for a protective order for William Montgomery’s deposition on August 15, 

2018 only and request that Plaintiff reschedule Mr. Montgomery’s deposition. This 

motion is supported by the following memorandum of points and authorities.

MEMORANDUM OF POINTS AND AUTHORITIES

I. BACKGROUND

On May 23, 2018, Plaintiff noticed the deposition of Mr. Montgomery and 

amended the notice on June 18, 2018. (Docs. 99 and 110). On June 18, 2018, 

Plaintiff filed a Motion to Compel regarding issues of privilege. (Doc. 113). 

Defendants responded to Plaintiff’s Motion on June 29, 2018. (Doc. 119). On July

3, 2018, the Court ruled that Plaintiff did not provide enough information for the 

Case 2:17-cv-04540-DGC Document 155 Filed 08/15/18 Page 1 of 4
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Court to make a determination and ordered Plaintiff to file an additional 

memorandum. (Doc. 121). On July 13, 2018, Plaintiff filed his additional 

memorandum and Defendants replied on July 20, 2018. (Docs. 126 and Doc. 130). 

On August 6, 2018, the Court denied Plaintiff’s Motion to Compel. (Doc. 145). On 

August 8, 2018, Defendants gave notice to Plaintiff that pursuant to the Court’s 

order, the deposition of Mr. Montgomery was prohibited.

On August 14, 2018, the Court held a hearing regarding the order it issued 

and whether the prosecutors’ depositions were permitted to be taken. The Court 

stated it was taking the matter under advisement. On August 14, 2018, at 5:00 p.m.,

the Court ordered the depositions should proceed. (Doc. 152).

II. LAW AND ARGUMENT

Pursuant to the Court’s order (Doc. 145), Defendants believed the 

prosecutors’ depositions would not proceed. Therefore, counsel for Defendants 

released Mr. Montgomery for the August 15, 2018 deposition based on the reading 

of the order. Mr. Montgomery’s calendar was immediately filled for him to perform 

his duties as an elected official.

Counsel for Defendants conferred with Plaintiff’s counsel on August 14, 2018 

after the Court’s ruling that Mr. Montgomery was not available and would not 

appear. Counsel for Defendants could not anticipate when the Court would rule on 

the prosecutors’ depositions or what the ruling would be. Therefore, counsel for 

Defendants requested Plaintiff to reschedule the deposition. Plaintiff would not 

agree.

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Defendants request the Court for a protective order for Mr. Montgomery’s 

August 15, 2018 deposition, allow Mr. Montgomery to attend to his civic duties, and 

order Plaintiff to reschedule his deposition.

III. CONCLUSION

For the foregoing reasons, Defendants request the Court for a protective 

order for Mr. Montgomery to appear at the August 15, 2018 deposition.

DATED this 15th day of August, 2018.

IAFRATE & ASSOCIATES

By: s/Michele M. Iafrate

Michele M. Iafrate

Attorney for Defendants Maricopa 

County and William Montgomery

ORIGINAL of the foregoing e-filed

this 15th day of August, 2018, with:

Clerk of the Court

United States District Court

Sandra Day O’Connor U.S. Courthouse

401 W. Washington Street

Phoenix, AZ 85003

COPIES of the foregoing e-mailed via ECF

this 15th day of August, 2018, to:

Honorable David G. Campbell

UNITED STATES DISTRICT COURT

Sandra Day O'Connor U.S. Courthouse

401 W. Washington St., Ste. 623, SPC 58

Phoenix, Arizona 85003

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Jason D. Lamm

Law Office of Jason Lamm

6245 North 24th Pkwy, Ste. 208

Phoenix, Arizona 85016

Attorney for Plaintiff

David J. Don

Law Office of David J. Don, PLLC

301 E. Bethany Home Rd., Ste. B-100

Phoenix, Arizona 85012

Attorney for Plaintiff

Edward F. Novak

Melissa Ho

Jonathan G. Brinson

Polsinelli PC

One E. Washington, Ste. 1200

Phoenix, Arizona 85004

Attorneys for State of Arizona, Heston Silbert,

Christopher Kalkowski, Frank Milstead,

Ken Hunter, Kelly Heape, Jennifer Pinnow,

and Anthony Falcone

By: s/Jill Lafornara

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