UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LUIS GARCIA SAZ, and wife, MARIA DEL ROCIO GARCIA, Plaintiffs, v

s.

CHURCH OF SCIENTOLOGY RELIGIOUS TRUST; U.S. lAS MEMBERS TRUST; CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; CHURCH OF SCIENTOLOGY FLAG SHIP SERVICE ORGANIZATION, INC. d/b/a Majestic Cruise Lines; and DAVID MISCA VIGE, Defendants. Case No. 8:13-CV-220-T27 TBM

PLAINTIFFS OMNIBUS OBJECTION TO THE SWEEPING DOCUMENT PRODUCTION SOUGHT BY EXHIBIT A TO DEFENDANTS FLAG AND SHIP SUBPOENAS DUCES TECUM

Plaintiffs, Luis

A

Garcia Saz and Maria del Rocio Garcia, hereby object to the production

o

documents requested in multiple subpoenas duces tecum (the Subpoenas ) issued by Defendants Church

o

Scientology Flag Service Organization, Inc. and Church

o

Scientology Flag Ship Service Organization, Inc. ( Defendants 

.

The document requests issued by Defendants, as set forth in Exhibit A to the Subpoenas, are identical, and impermissibly seek the sweeping production

o

documents by (

i

the separate law firms representing Plaintiffs, (ii) individual counsel within those law firms; and (iii) non-party Michael Rinder. Because the document requests are patently overbroad and unduly burdensome, Plaintiffs object, on their own

 

behalves and on behalf

of

each

of

the recipients

of

the Subpoenas, to the production sought by the Subpoenas. (True and correct copies

ofthe

Subpoenas are attached as Composite Exhibit A.) Defendants purport to serve the Subpoenas in order

t

obtain discovery relating

t

its motion to disqualify all three law firms representing Plaintiffs in this action. The motion

t

disqualify is premised on the contention that the law firms

of

Babbitt Johnson Osborne LeClainche and Weil Quaranta McGovern received confidential information from Gray Robinson s representation

of

Defendants over ten years ago. Yet Defendants motion is now being used in an attempt

t

discover

v ry

communication among counsel relating

t

this suit for fraud against the Church

of

Scientology Defendants, including all communications with non-party individuals named in these subpoenas. The document requests -catching in their net irrelevant and privileged communications among attorneys and their clients and their legal

consultants

are indefensibly overbroad. As a preliminary matter, before permitting discovery, the Court should determine whether a conflict

of

interest even exists as a result

of

Mr. Johnson s past representation

of

FSO under Rule 4-1.9. This is particularly compelling in this case as Defendants do

ot

allege that Mr. Johnson (i) ever represented Defendants in connection with this fraud suit by the Garcias, (ii) knew

of

the Garcias when he represented FSO over ten years ago, or (iii) has any confidential information about this case. Rather, Defendants allege that Mr. Johnson s past representation

of

Defendants on general matters, somehow, makes this case substantially related prior representation. Before requiring Plaintiffs

t

file a privilege log detailing all privileged

1

FSO has served the Subpoenas on the separate law firms

of

Gray Robinson, P.A., Babbitt, Johnson, Osborne Le Clainche, P.A., and Weil Quaranta McGovern, P.A. FSO also served the Subpoenas on the individual attorneys within those separate firms, namely, Robert Johnson, Richard Zabak , Theodore Babbitt, and Ron Weil. FSO also served the Subpoenas on non-party Michael Rinder.

2

 

communications the Court should make that preliminary determination.

f

 in fact no conflict exists communications among the individuals subpoenaed are not only irrelevant and/or protected from discovery pursuant to the doctrines

of

work-product and attorney-client privilege but the efforts required by Plaintiffs and their counsel which Defendants seek to trigger by the Subpoenas are unnecessary and as such burdensome and harassing. Dated: July

12

 2013 Respectfully submitted s/ Theodore Babbitt Theodore Babbitt Esq. Florida Bar No: 091146 Babbitt Johnson Osborne LeClainche P.A. 1641 Worthington Road Suite 1 00 West Palm Beach FL 33409

T:

561-684-2500

F:

561-684-6308 tedbabbitt@babbitt-johnson.com

and

Ronald

P

Weil Esq. Florida Bar No: 169966 Amanda

M

McGovern Florida Bar No: 964263 Weil Quaranta McGovern P A. Southeast Financial Center Suite 900 200 South Biscayne Blvd. Miami FL 33131

T:

305-372-5352 F: 305-372-5355 RPW @weilla

w

net amcgovern@weillaw.net

Counsel

for

Plaintiffs Luis

A.

Garcia Saz

and

Maria Del Rocio urgos Garcia

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