I am filing a cross motion herewith requesting the Court to order George to pay Dr. Kenneth B. Perlmutter's (the Court Appointed Evaluator) deposition fee for the deposition noticed and taken by George on June 7, 2010, within five days of this hearing, and to exclude from the record all mention of the contents of the deposition testimony unless I am provided an opportunity to ask Dr. Perlmutter questions, or Dr. Perlmutter appears in Court to testify.She wants to rely on Perlmutter's report, but also to exclude what he said in the deposition.
After subpoenaing Dr. Perlmutter to appear on June 7, 2010 for a deposition, and having agreed in advance to the fees due, George took Dr. Perlmutter's deposition on
June 7, 2010. George would not pay Dr. Perlmutter at the conclusion of the deposition. (See Exhibit "C", Letter memorializing George's refusal to pay").
I believe that George is withholding payment of Dr. Perlmutter's fees to discourage Dr. Perlmutter from further involvement in our case and as punishment for the unfavorable outcome of the Evaluation Report. I am promptly submitting this outstanding issue to the Court for resolution.
Further, I was not given sufficient opportunity during the deposition to question Dr. Perlmutter. I was given only 5-10 minutes at the end of the 4 1/2 hour deposition to ask any questions. I selected and asked two of the questions that I would like to have had answered. George had indicated in email prior to the deposition and at the deposition that he was going to continue the deposition to another day, as he had several hours left of questions to ask Dr. Perlmutter. However, at the end of the deposition, after the Court Reporter put away his materials, George did not schedule another deposition date and George did not pay Dr. Perlmutter's fees.
I respectfully request the Court to exclude from the record all mention of the contents of the deposition testimony unless I am provided an opportunity to ask Dr. Perlmutter questions, or Dr. Perlmutter appears in Court to testify.
I am surprised that she did not complain that I was discouraging Perlmutter's "further involvement in our case" by pointing out his idiotic opinions on this blog.