IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF ILLINOIS

PEORIA COUNTY
STEPHEN A. CULLINAN,
Plaintiff,

v.
DIANE A. OBERHELMAN, et at.,
Defendants.
DIANE A. OBERHELMAN, et at.,
Plaintiff,
v.

STEPHEN A. CULLINAN, et at.

Defendants.
IN THE MATTER OF THE ESTATE OF
THERESA S. FALCON-CULLINAN,
Deceased.
STEPHEN A. CULLINAN,
Plaintiff,
v.
DIANE A. OBERHELMAN, et at.,
Defendants.
STEPHEN A. CULLINAN,
Plaintiff,
v.

DIANE A. OBERHELMAN, et at.,

Defendants.

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Case No.: 10 L 197

Case No.: 10 CH 825

Case No.: 09 P 479

Case No.: 10 CH 432

Case No.: 14 L 201

MOTION FOR PROTECTIVE ORDER

DOUGLAS R. OBERHELMAN (hereinafter "OBERHELMAN", by his attorneys,
KINGERY DURREE WAKEMAN & O'DONNELL, ASSOC., for his Motion for Protective
Order states as follows:
1. OBERHELMAN is a witness who has been served with a Subpoena to Appear and
give a discovery deposition in the above-captioned cases. Exhibit "A", attached hereto is a copy
of the Subpoena directed to OBERHELMAN for his discovery deposition.
2. OBERHELMAN has objected to the location of the proposed deposition at Attorney
Edward Sutkowski's office and has offered alternative locations. Copies of correspondence to
and from counsel dated March 20, 2015, April 9, 2015, April 10, 2015, April 15,2015 are

attached as Exhibits "B", "COO, "D" and "E".

3. OBERHELMAN objects to the location of the deposition at Attorney Sutkowski's
office because of personal animosity, which would cause umeasonable annoyance, harassment,
disadvantage and oppression to the witness.
4. OBERHELMAN has offered to give his deposition at virtually any other law office or
location in Peoria or Tazewell County, including the office of Dr. Stephen Cullinan's co-counsel,
Burt Dancey or Pat Oberle, or at the office of Miller, Hall & Triggs, Kingery Durree Wakeman &
O'Donnell, or the Peoria Bar Association conference room.
5. Plaintiffs counsel has refused to proceed with the deposition at any alternative
location and has insisted that the deposition must take place at Mr. Sutkowski's office on June 4,
2015.
6. Supreme Court Rule 203 governs where depositions may be taken and provides as
follows:
"If a deposition is to be taken within the state, the deponent may be required to attend
only in the county in which he resides or is employed or transacts his business in person,
or in any other place designated by an order of the cOUli .... The order designating the place
of a deposition may impose any terms and conditions that are just, including payment of
the reasonable expenses of the deponent." Supreme Court Rule 203.
7. Supreme Court Rule 201(c) provides as follows:
"(1) Protective Orders. The court may at any time on its own initiative, or on motion of
any party or witness, make a protective order as justice requires, denying, limiting,
conditioning, or regulating discovery to prevent umeasonable annoyance, expense,
embarrassment, disadvantage, or oppression.
(2) Supervision of Discovery. Upon the motion of any party or witness, on notice to all
parties, or on its own initiative without notice, the court may supervise all or any part of
any discovery procedure." Supreme Court Rule 203.

8. OBERHELMAN is not a patiy to the present case, but has been subpoenaed for
deposition as a witness only.

9. OBERHELMAN submits that the hostile environment in Edward Sutkowski's office

will result in unreasonable annoyance, harassment, disadvantage and oppression and requests the
issuance of a protective order directing that his discovery deposition proceed at an alternative
location such as Oberhelman's attorney's office, or another the law office or the Peoria County
Bar Association office referenced above.
10. Pursuant to Supreme Court Rule 201(c)(1), this court has the authority to enter a
protective order or supervisory order directing that Doug Oberhelman's deposition shall be taken
at some neutral site, other than Attorney Sutkowski' s office. Bicek v. Quitter, 38 Ill.App.3d 1027
(1 st Dist. 1976).
11. OBERHELMAN's counsel has attempted to resolve differences with Plaintiffs
counsel over the location of the deposition. Steven A. Wakeman spoke by telephone with
Kimberly A. Smiley on April 16, 2015 and made reasonable attempts to resolve the difference
regarding the location of Douglas Oberhelman's deposition, but was unable to reach any accord.
Attorney Smiley refused to take the deposition at any alternative location except Edward
Sutkowski's office. In that conversation, it was offered to proceed with the deposition at Attorney
Wakeman's office, Attorney Dancey's office, Attorney Oberle's office, Attorney Nate Miller's
office or at the Peoria County Bar Association offices. Attorney Smiley rejected all alternative
locations. After personal consultation with Plaintiffs counsel, the aforementioned counsel were
unable to resolve their differences pertaining to the location of the OBERHELMAN deposition.
WHEREFORE, DOUGLAS R. OBERHELMAN prays that this court enter a protective
order/supervisory order conditioning the taking of his deposition at some mutually agreeable
location other than Edward Sutkowski's office or direct such other location as the court deems
reasonable and proper pursuant to Supreme Court Rule 201 (c).

;A:s:

'NVW'lIIIDIIIS:O '1:! SV'lDf10a

CERTIFICATE OF SERVICE
The undersigned certifies that he has served copies of this Motion for Protective Order,
with postage fully prepaid, by depositing the same in an envelope in a u.s. Mail box in Peoria,
Illinois, this W day of April, 2015, upon the following individuals:
Kevin D. Evans
Kimberly A. Smiley
ARMSTRONG TEASDALE, LLP
6400 S. Fiddlers Green Circle, Suite 1820
Denver, Colorado 80111
Edward F. Sutkowski
SUTKOWSKI LAW OFFICE LTD.
416 Main Street, Suite 400
Peoria, IL 61602
Burt L. Dancey
ELLIFF, DANCEY & BOSICH, P.C.
109 South Fourth Street
P.O. Box 873
Pekin, IL 61554
Nathan R. Miller
Jeffrey E. Krumpe
MILLER HALL & TRIGGS
416 Main Street, Suite 1125
Peoria, IL 61602
Robert S. Held
Jonathan E. Strouse
Jessica Lauren Berger
HARRISON & HELD, LLP
333 West Wacker Drive, Suite 170
Chicago, IL 60606

Steven A. Wakeman
KINGERY DURREE WAKEMAN
& O'DONNELL, ASSOC.
416 Main Street
Commerce Bank Building, Suite 915
Peoria, IL 61602-1170
Phone: (309) 676-3612
Fax: (309) 676-1329

Gary P. Hollander
Benjamin N. Feder
Scott Hollander
STRAUSS & MALK, LLP
135 Revere Drive
Northbrook, IL 60062
Richard P. Campbell
Richard L. Campbell
CAMPBELL, CAMPBELL, et al
One Constitution Center
Boston, MA 02129
Mrs. Mary Jo Falcon-Hackney
400 Capellan Street
Wake Forest, NC 27587
Elizabeth Falcon-Bishop
2241 Augusta Drive
Dunlap, IL 61525
Sarah Theresa Falcon
.. fu" n Qaks Rdg.
2051 G
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