FeedPolitics: ‘Yes, candidate Ozinga, the rules do apply to you, too’
May 10, 2008 in Statehouse & Capitol Tags: 11th District, Debbie Halvorson, John Barra, Martin Ozinga
‘So, what you’re saying, judge, is that when I sue someone and my statements under oath are disputed by at least five different witnesses, I can be forced to give a deposition … even thought I’m running for Congress and it might embarrass me? Outrageous!’
[Tazewell County Circuit Judge John] Barra previously included [Martin] Ozinga among parties to be deposed in the case. Orland Park-based Ozinga Bros. Inc. is suing to force Raymond Kunkel and his family farm corporation to sell 190 acres outside Henry, near the site where the company is developing a gravel pit and Illinois River port project with the city.
Ozinga and his lawyers then sought to avoid the deposition by claiming he had “no relevant knowledge” of the case or the disputed real estate contract at its center.
He claimed in the affidavit he “has had no contact or communication of any kind” with Kunkel.
But Barra heard Friday that Kunkel and four witnesses have signed their own affidavits stating Ozinga met with Kunkel in a rural Henry farmhouse in June 2004 to work out the terms of the deal that is now in dispute.
“I was amazed at the affidavit of Martin Ozinga,” Kunkel’s attorney, William Anderson of Creve Coeur, told Barra. “Martin Ozinga personally negotiated this contract.”
Judge Barra has been mentioned several times on Peoria Pundit. I was a bit ticked at his decision to allow the City of Peoria to demolish the Grandview Hotel, a ruling I considered contrary to property rights. But he did rule that the Peoria Park District violated the Open Meetings Act, a decision that I believed defended the public’s right to have an open government.
And Barra’s decision regarding Ozinga? A no-brainer. Of course politicians should be forced to tell the truth under oath, whether they are running for Congress or diddling interns in the Oval Office. Ozinga, a Republican, will face state Democratic Sen. Debbie Halvorson, and Green Party nominee Jason Wallace in November for the 11th Congressional seat now held by Jerry Weller, also a Republican. The district includes LaSalle, Grundy and Kankakee counties, and parts of of Will, McLean, Livingston, Woodford and Bureau counties.
May 19th, 2008 at 7:48 am
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
COUNTY OF MARSHALL
OZINGA BROS., INC., an Illinois corporation, )
)
Plaintiff, )
)
v. ) Case No. 06-CH-39
)
RAMAR FARMS, an Illinois corporation; )
and RAYMOND KUNKEL, )
)
Defendants, )
)
-and- )
)
KENIN L. EDWARDS, )
)
Intervener. )
DEFENDANTS’ MOTION FOR SANCTIONS
The Defendants, RAMAR FARMS, INC. and RAYMOND KUNKEL, by and through their attorney, WILLIAM M. ANDERSON IV, and hereby move this Court for sanctions against Plaintiff, OZINGA BROTHERS, pursuant to Supreme Court Rule 219(c) for the Plaintiffs failure to comply with this Court’s Order, and in support thereof states as follows:
1. On April 10, 2008, a hearing was held wherein the attorneys for each party consulted their schedules to determine dates for depositions. Attorney Matthew Hevrin consulted with both Barry Voorn and Martin Ozinga III regarding a date for their depositions. After such consultation, this Honorable Court entered an Order which required Martin Ozinga II to be deposed on May 29, 2008.
2. That a Notice of Deposition and Amended Notice of Deposition for the deposition of Martin Ozinga III was served upon Plaintiff’s attorney, setting this deposition for May 29, 2008.
3. That the Plaintiff filed a Motion to Quash the deposition of Martin Ozinga III.
4. On May 9, 2008, this Court denied the Plaintiff’s Motion to Quash the Deposition of Martin Ozinga III. Immediately thereafter, Matthew Hevrin again contacted Barry Voorn and/or Martin Ozinga III by cell phone and agreed again to hold said depositions on May 29, 2008 at the corporate offices of Ozinga Bros., Inc. located in Orland Park, Illinois.
5. On May 14, 2008, counsel for Martin Ozinga III faxed a letter to Defendants’ attorney stating Martin Ozinga III was unavailable on May 29, 2008 as he would be in Russia. Attached hereto and incorporated herein as Exhibit “A” is a true and correct copy of the letter from Matthew Hevrin dated May 14, 2008.
6. On May 15, 2008, Attorney William Anderson, attorney for Defendants, attempted to contact Attorney Matthew Hevrin, attorney for Plaintiff, to discuss the scheduling difficulty. Attorney Matthew Hevrin was not available. As such, Attorney William Anderson left his office telephone number and personal cell phone number.
7. That Attorney Matthew Hevrin did not return the telephone call of Attorney William Anderson. Instead, Attorney Matthew Hevrin faxed a letter dated May 15, 2008. A true and correct copy of said letter is attached hereto and incorporated herein as Exhibit B.
8. In the scheduling of these depositions, Attorney William Anderson, the attorney for the Defendants, shared his calendar with Attorney Matthew Hevrin in open court in order to find a date on which all attorneys were available.
9. That the dates suggested by Attorney Hevrin in June, 2008, are all dates on which Attorney William Anderson, the attorney for the Defendants is unavailable. Further, as Attorney Hevrin was made aware of any dates on which Attorney Anderson was available, Attorney Hevrin was well aware that Attorney Anderson was unavailable on the dates suggested.
10. That unless the depositions of all parties are taken in May, 2008, there will be insufficient time to obtain transcripts and properly prepare for the hearing on the Motion for Summary Judgment on June 19, 2008.
11. That this Court has ordered the depositions to be conducted on a specific date and this Court has denied the Plaintiff’s Motion to Quash. Therefore, the Plaintiff cannot unilaterally cancel the deposition on May 29, 2008 and simply provide additional dates, particularly when Plaintiff’s attorney is well aware Defendant’s attorney in not available on said dates.
12. The Defendant, Raymond Kunkel, and the Intervenor, Kenin Edwards, are scheduled to be deposed on May 28, 2008.
13. That the Defendants will be unfairly prejudiced if the Plaintiff is allowed to conduct all depositions requested by it, and are not required to submit to all depositions requested by Defendants.
14. The conduct of this Plaintiff warrants sanctions as it deliberate, contumacious and demonstrates an unwarranted disregard of this Court’s authority. In re Marriage of Bernett, (4th Dist., 2003) 34 Ill.App.3d 1150, 802 N.E.2d 279.
15. A just sanction is one which will coerce compliance of discovery. However, when it becomes apparent that a party will not afford discovery, the trial court must devise some fair method to complete the case. Id.
16. That the Defendants request that this Court further order the deposition of Martin Ozinga III to take place on May 29, 2008, or in the alternative, that it be conducted prior to his trip to Russia.
17. Defendants further request that this Court enter an Order awarding Defendants their reasonable attorney’s fees in defending this matter.
WHEREFORE, the Defendants respectfully request that this Honorable Court enter an Order as follows:
A. That Martin Ozinga III be required to submit to his deposition on May 29, 2008 or, in the alternative, that his deposition be taken prior to May 29, 2008.
B. That Defendants be awarded their reasonable attorney fees in defending this matter.
C. For such other and further relief as this Court deems appropriate.
RAMAR FARMS, INC., an Illinois
corporation, and RAYMOND KUNKEL,
Defendants,
By:______________________________
WILLIAM M. ANDERSON IV
William M. Anderson IV
ANDERSON LAW OFFICES
625 South Main Street
Creve Coeur, Illinois 61610
Telephone: (309) 694-6250
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument was enclosed in an envelope properly secured and plainly addressed to the persons listed at the addresses below:
Carl F. Reardon
Attorney at Law
120 Illini Drive
East Peoria, Illinois 61611
Mr. Bob Gaubas
Attorney at Law
PO Box 3061
Peoria, IL 61614
Matthew Hevrin
Hinshaw & Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
and deposited in a United States post office box in Creve Coeur, Illinois, with proper U.S. postage fully prepaid thereon and sent via facsimile, on the ____ day of May, 2008.
______________________________
What does Marty have to hide? Now he is off to Russia.