PLAINTIFF S OPPOSITION TO DEFENDANT S … various disputes, citing in many instances, including to Plaintiff’s roommate, his disagreement over the litigations. See Exhibit A. 2

1

THE STATE OF NEW HAMPSHIRE

HILLSBOROUGH SS SUPERIOR COURT NORTH

Docket No. 216-2016-CV-00327

Sanjeev Lath

v.

Oak Brook Condominium Owners' Association, Board of

Directors, Warren Mills, Vickie Grandmaison, Dorothy Vachon,

and Scott Sample

July 13, 2016

PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO QUASH AND

PLAINTIFF’S PETITION FOR ENTRY OF ORDER ON DEPOSITION SCHEDULE

NOWCOMES the Plaintiff, Sanjeev Lath in the matter and respectfully submits his opposition to

the Motion to Quash the Eight Notices of Deposition served upon eight “nominal” witnesses. In

support thereof, he states as follows:

1. The Defendants contend that Plaintiff is a disgruntled owner. Without expanding the

reasons of filing several litigations, it is imperative for this Hon’ble Court to know that

one of the Defendants in this instant action, Scott Sample, resorted to violence, and have

assaulted the Plaintiff in the premises of Oak Brook condominium, since the filing of

2

various disputes, citing in many instances, including to Plaintiff’s roommate, his

disagreement over the litigations. See Exhibit A.

2. Further, Plaintiff’s car was mutilated since the inception of these litigations. See Exhibit

B. Several of the Defendants, have created and have perpetuated a hostile environment,

with the toxic “informational” meetings that Oak Brook Management and have used as

forum, to discuss these litigations, and blame the Plaintiff. See Exhibit C. This becomes

evidently clearer, because even though Oak Brook Management and Board have

terminated Defendant Sample’s employment, some of these Board members, including

the President, Bill Morey and Board Member Cheryl Vallee, appeared at Plaintiff’s

stalking hearing against Sample, on July 12, 2016 at the 9th

District Court, to support

Sample’s violent and despicable acts.

3. Defendant’s Attorney, Gary Burt, Esq., has resorted to dilatory tactics since the inception

of the litigation. For e.g., Attorney Burt negotiated a copy of the initial deposition

transcript, held March 10, 2016, for the venue of the Deposition. Attorney Burt quoted

obtaining a copy of the deposition transcript as “a practice in NH for the person taking

the deposition to pay for the original plus one for the person deposed.” See Exhibit D.

4. During that negotiation, Plaintiffs contended that they booked a venue in Bedford, the

New England Executive Center’s posh Victorian room, about seven (7) miles from the

Oak Brook Office, as a neutral location for all parties involved in the matter. Plaintiff

contended that the “club house”, as proposed by Attorney Burt, was not private, housed

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recreational amenities like gym, swimming pool and the sauna and was not a neutral

venue. See Exhibit D.

5. On June 21, 2016, Hearing on the Motions in another case, pending before this Court,

Case Number: 216-2015-CV-859, Hon’ble Judge Brown ordered one deposition for each

witness in all pending matters before this Court and New Hampshire Human Rights

Commission. Shortly after this hearing, on June 27, 2016, Plaintiff Lath provided a list of

deponents with the envisaged hours to Attorney Burt for a possible schedule. See Exhibit

E. To this Attorney Burt responded, that he would take “time to arrange these” and that

the nominal witnesses in the matters were not under his control and Plaintiff “will need to

issue subpoenas.”

6. To date of filing this Opposition, July 13, 2016, the Plaintiff has not received, even for a

single witness, a possible date for the deposition.

7. To effectively manage a forty hour work schedule and the pending litigations, Plaintiff

Lath, on July 07, 2016, requested Attorney Burt for his availability for “any day” during

the week of July 17, 2016, to schedule a deposition of “nominal”, third party witnesses.

To this request, Attorney Burt responded, “Booked solid. Right now, I don’t anticipate

my calendar clearing until perhaps the week of Oct 10th

and even that is an issue.” See

Exhibit F. According to this email, the date provided, October 13, 2016, was three

months away, and even that date was questionable with respect to his availability. Being

in a professional field myself, and working on missile systems for Department of

4

Defense, with critical deliveries for warfighter, I am not booked for every single day, for

the next three months.

8. Further, Attorney Burt in his motion contends that these subpoenas that are the matter of

this Motion to Quash involve different counsels retained by several Defendants. This

argument is misplaced, as this deposition and subpoenas were not for any of the

Defendants, but rather third party nominal witnesses. Further, Attorney Burt has failed to

provide the names of other counsels, and these unknown counsels, in turn have not filed a

Notice of Limited Appearance with this Court, in accordance with Rule 17 (c) of

Superior Court for the State of New Hampshire.

9. Defendant’s Attorney has claimed in his motion that the Plaintiff has made

“unreasonable” demands and has not made any “real effort to schedule the depositions

for a mutually agreeable date” (See Def. Mtn. to Quash ¶9). Without explaining

Plaintiff’s position, this Court can see from the above paragraphs and attached Exhibits as

to which party has been “unreasonable” and is misleading this Court.

10. Further, instead of proposing a fairly reasonable date in the near future, that is not three

months away, Attorney Burt, simply responds, “I am not available. Do I need to file a

motion to quash?” See Exhibit G.

11. Plaintiff Lath requests this Court an order for a deposition schedule that is just and fair.

Contemporaneously Plaintiff requests this Court for appropriate sanctions and cost of this

motion and hearing to be reimbursed by the Defendants.

5

WHEREFORE, for the above reasons, the Plaintiff prays for the following relief:

1) Deny the Defendant’s Motion

2) Sanction the Defendants for using dilatory tactics and misleading this Court, by imposing

fine for this Motion

3) Reimburse the Plaintiff for cost incurred for this Motion

4) Order a Deposition Schedule.

Respectfully submitted,

__________________________________

Sanjeev Lath, July 13, 2016

6

CERTIFICATE OF SERVICE

I certify that a copy of this Opposition to Plaintiff’s Motion to Quash and all

attachments has been mailed to the Defendant’s Attorney Gary Burt via email at

[email protected].

__________________________________

Sanjeev Lath, July 13, 2016

mailto:[email protected]

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EXHIBIT A

EXHIBIT 9 PAGE 175

EXHIBIT 9 PAGE 176

EXHIBIT 9 PAGE 177

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EXHIBIT B

EXHIBIT 10 PAGE 179

EXHIBIT 10 PAGE 180

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EXHIBIT C

Sanjeev Lath <[email protected]>

Fwd: "Informational Meeting for Oakbrook"1 message

Jerry 1 <[email protected]> Thu, Jun 23, 2016 at 10:38 AMTo: Decline Decline <[email protected]>

---------- Forwarded message ----------From: >[email protected]<Date: Wed, Jun 22, 2016 at 12:11 PMSubject: Re: "Informational Meeting for Oakbrook"To: Jerry 1 <[email protected]>Cc: "Bisson, John" <[email protected]>

Good Morning, How are you?

The meeting was going to be an informational meeting with some of oak brook suits and on the changes that are taken effect, most of all Scott not working with us anymore and a little bit as to why he isn't here anymore. The board wanted to reassure every one that we do have a new maintenance manager who has just started with us on Monday. Our Attorneys name is John Bisson. He is there for any additional information that he would have spoke about at the meeting. I am forwarding this email to him. Thank you and have a nice day.

ThanksZeny

From: "Jerry 1" <[email protected]>To: "Vickie Grandmaison" <[email protected]>Cc: "Decline Decline" <[email protected]>, [email protected]: Wednesday, June 22, 2016 12:02:52 PMSubject: "Informational Meeting for Oakbrook"

Zeny,

We received two (2) notices recently.

1. The first was dated June 1, 2016, as an invitation from "the Board of Directors" for us to attend the "informational meeting in regards to Oak Brook" that was scheduled to "take place at 1pm at the club house." on "June 25, 2016". The notice further stated "This meeting is very important. We want to reassure and keep all owners updated with any changes or occurrences here at Oak Brook."

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Questions. What are the "reassurance"(s) that were to be disclosed to the unit owners? What was the information that would "keep all owners updated with any changes or occurrences here at Oak Brook."?

2. The "short notice" of "having to cancel the Informational meeting that was going to take place on June 25th.." "and if anyone has any concerns or questions", "Zeny", "will then forward your email to our Attorney and he would be happy to reassure your concerns and answer your question."

Questions. Who is the Attorney that the emails are being forwarded to?Please lists the "reassurance"(es) of "concerns" and "questions" the Attorney would "be happy" to "answer" for "anyone"?Why was the "important meeting" information which was "to reassure and keep all owners updated with any changes or occurrences here at Oak Brook" not put in writing and mailed to all unit owners as should be rather than in secrecy?

Thank you for your anticipated co-operation in answering all these questions.Gerard Dufresne, 13 Northbrook Drive, Unit [email protected]

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EXHIBIT D


RE: Lath et al v. Oak Brook---depositions1 message

Gary Burt <[email protected]> Fri, Jan 29, 2016 at 5:41 PMTo: Sanjeev Lath <[email protected]>Cc: "[email protected]" <[email protected]>

Why? First, there was no recording, as I told you before, and second, why would your claim require an independent location. Saying so does not make it so.

The private room at the club house is for the convenience of the deponents, as most live right at the location, and therefore don’t have to travel, find parking, or otherwise be inconvenienced. As you and the others live there also, that seems to make the most sense.

Please forward the email to [email protected] as the ones I send don’t seem to reach him.

Gary M. Burt, Esquire

PRIMMER PIPER EGGLESTON & CRAMER PC

900 Elm Street, 19th Floor, P.O. Box 3600, Manchester, NH 03105-3600

Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310

[email protected] | www.primmer.com

From: Sanjeev Lath [mailto:[email protected]] Sent: Friday, January 29, 2016 5:38 PMTo: Gary BurtCc: [email protected]; [email protected]: RE: Lath et al v. Oak Brook---depositions

Mr burt

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This is a case about surreptitious recording . An independent location sounds fair enough to me ....

If you change your mind , let me know

On Jan 27, 2016 4:48 PM, "Gary Burt" <[email protected]> wrote:

The following are available on 3/10/16. What time do we start, and how much time between each witness. Note Mr. Clavijo will require an interpreter that you will need to provide.

Justin Bouffard

Dorothy Vachon

Vickie Grandmaison

Cheryl Vallee

Ruben Clavijo (needs interpreter)

John Bisson.




Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310




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RE: Lath et al v. Oak Brook---depositions1 message

Gary Burt <[email protected]> Fri, Jan 29, 2016 at 5:37 PMTo: Sanjeev Lath <[email protected]>Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>

Your call, but I will do so.




Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310



Mr Burt

I will issue subpoenas then and you can file the motion to quash

Sanjeev


We will need a judge to decide then. You will have to file a motion. Until the motion is acted upon, there will be no deposition.



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I will tell you that it has always been the practice in NH for the person taking the deposition to pay for the original plus one for the person deposed.

The location is a convenience to the deponents. In fact, as members of the association, and perhaps officers or directors, they probably have a right to sit in, but they don’t intend to.

There is a private room available at the site in the club house. Finally, I don’t know who Duffy is.


Mr Burt

I understand that I pay for my copy and the steno but as far as I know if you need a copy you pay for it

I need the deposition at an independent location . Duffy provides conference room and i have booked it already. The club house is not a private place and other owners come by as it houses gym etc. Additionally I want the deponents independently deposed .

We can have a judge decide that if we have a disagreement


Depositions to take place at the club house at Oak Brook. I understand you are getting steno. I assume you are aware that you pay for an original transcript, plus one for me.

The [email protected] email address seems not to work. Please advise as to correct address.




Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310




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From: Sanjeev Lath [mailto:[email protected]] Sent: Friday, January 29, 2016 9:20 AMTo: Gary BurtCc: [email protected]; [email protected]: Re: Lath et al v. Oak Brook---depositions

Attorney Burt,

March 10 works.

I will provide an interpreter.

We can start 9 AM

9AM-9:30AM Justin Bouffard

9:30AM - 10:00AM Dorothy Vachon

10:00 AM-11:00 AM Vickie Grandmaison

11:00AM-11:30 AM Ruben Clavijo

11:30AM-12:00 AM John Bisson, Esq.

Does this schedule work?

Let me know

On Wed, Jan 27, 2016 at 4:47 PM, Gary Burt <[email protected]> wrote:



The following are available on 3/10/16. What time do we start, and how much time between each witness. Note Mr. Clavijo will require an interpreter that you will need to provide.

Justin Bouffard

Dorothy Vachon

Vickie Grandmaison

Cheryl Vallee

Ruben Clavijo (needs interpreter)

John Bisson.




Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310


--

Sanjeev Lath

7 Northbrook Dr

Unit 710

Manchester NH 03102

6034614936

Statement of Confidentiality

The information contained in this electronic message and any attachments to this message may contain confidential or attorneyclient privileged information and is intended for the exclusive use of the



addressee(s). Please notify Sanjeev Lath at [email protected] if you are not the intended recipient and destroy all copies of this electronic message and any attachments.



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EXHIBIT E


RE: List of Deponents1 message

Gary Burt <[email protected]> Mon, Jun 27, 2016 at 5:32 PMTo: Sanjeev Lath <[email protected]>Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>

This is going to take some time to arrange. I don’t have control over residents, only employees, officers, and directors. So to the extent that any below are not employees, officers or directors, you will need to issue subpoenas.

Also, I will need to find some time to arrange these. They will have to be taken over days, and not consecutive days.

From: Sanjeev Lath [mailto:[email protected]] Sent: Monday, June 27, 2016 9:25 AMTo: Gary BurtCc: [email protected]; [email protected]: List of Deponents

Defendant witnesses

Jane Bright 1 hrs

John Bisson 2 hrs

Vickie Grandmaison 5 hrs

Dorothy Vachon 2 hrs

Justin Boufford 2 hrs

Bill Morey 5 hrs

Zeny Rodriguez 1 hr

Scott Sample 5 hrs

Beth Mullen 1 hrs

Warren Mills 2 hrs

Ruben Clavijo 0.5 hr

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Chris Klardie 2 hrs

Cheryl Vallee 2 hrs

Perry Vallee 1 hr

Nominal and Plaintiffs' depositions

Jason Manujian 0.5 hrs

Jared Dufresne 0.5 hrs

Cynthia Camp 0.5 hr

Michael Camp 0.5 hr

Al Terry 0.5 hr

Barbara Belware 2 hrs

Jerry Dufresne 2 hrs

Jane Beaulieu 1 hrs

Jason Cox 0.5 hrs

--

Sanjeev Lath

7 Northbrook Dr

Unit 710

Manchester NH 03102

6034614936


The information contained in this electronic message and any attachments to this message may contain confidential or attorneyclient privileged information and is intended for the exclusive use of the addressee(s). Please notify Sanjeev Lath at [email protected] if you are not the intended recipient and destroy all copies of this electronic message and any attachments.



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EXHIBIT F


RE: List of Deponents1 message

Gary Burt <[email protected]> Thu, Jul 7, 2016 at 8:51 AMTo: Sanjeev Lath <[email protected]>Cc: Jerry 1 <[email protected]>, "[email protected]" <[email protected]>

Booked solid. Right now, I don’t anticipate my calendar clearing until perhaps the week of Oct 10th and even that is an issue.




Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310


www/primmer.com/bio

We are pleased to announce the launch of our newly designed website. Please visit us at www.primmer.com

From: Sanjeev Lath [mailto:[email protected]] Sent: Thursday, July 07, 2016 8:44 AMTo: Gary BurtCc: Jerry 1; [email protected]: Re: List of Deponents

Atty Burt,



I want to schedule the third party depos (see below) week of July 17th.

what is your availability any day that week?

Jason Cox 0.5 hrs


Al Terry 0.5 hr

Cynthia Camp 0.5 hr

Michael Camp 0.5 hr

Beth Mullen 1 hrs

Jason Manujian

On Mon, Jun 27, 2016 at 6:28 PM, Sanjeev Lath <[email protected]> wrote:

Let us know whenever you are ready...

On Jun 27, 2016 5:33 PM, "Gary Burt" <[email protected]> wrote:

This is going to take some time to arrange. I don’t have control over residents, only employees, officers, and directors. So to the extent that any below are not employees, officers or directors, you will need to issue subpoenas.

Also, I will need to find some time to arrange these. They will have to be taken over days, and not consecutive days.

From: Sanjeev Lath [mailto:[email protected]] Sent: Monday, June 27, 2016 9:25 AMTo: Gary BurtCc: [email protected]; [email protected]: List of Deponents

Defendant witnesses

Jane Bright 1 hrs

John Bisson 2 hrs



Vickie Grandmaison 5 hrs

Dorothy Vachon 2 hrs

Justin Boufford 2 hrs

Bill Morey 5 hrs

Zeny Rodriguez 1 hr

Scott Sample 5 hrs

Beth Mullen 1 hrs

Warren Mills 2 hrs

Ruben Clavijo 0.5 hr

Chris Klardie 2 hrs

Cheryl Vallee 2 hrs

Perry Vallee 1 hr

Nominal and Plaintiffs' depositions

Jason Manujian 0.5 hrs


Cynthia Camp 0.5 hr

Michael Camp 0.5 hr

Al Terry 0.5 hr

Barbara Belware 2 hrs

Jerry Dufresne 2 hrs

Jane Beaulieu 1 hrs

Jason Cox 0.5 hrs

--

Sanjeev Lath

7 Northbrook Dr

Unit 710



Manchester NH 03102

6034614936



--

Sanjeev Lath

7 Northbrook Dr

Unit 710

Manchester NH 03102

6034614936





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EXHIBIT G


RE: Notices of Deposition1 message

Gary Burt <[email protected]> Thu, Jul 7, 2016 at 3:05 PMTo: Sanjeev Lath <[email protected]>, "[email protected]" <[email protected]>Cc: Jerry 1 <[email protected]>, "[email protected]" <[email protected]>

I am not available. Do I need to file a motion to quash?




Direct Dial: 603 626 3310 | Cell 603 494 4881

Fax: 603 626 0997 | Office: 603 626 3310


www/primmer.com/bio

We are pleased to announce the launch of our newly designed website. Please visit us at www.primmer.com

From: Sanjeev Lath [mailto:[email protected]] Sent: Thursday, July 07, 2016 3:00 PMTo: Gary Burt; [email protected]: Jerry 1; [email protected]: Notices of Deposition

Please see attached

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--

Sanjeev Lath

7 Northbrook Dr

Unit 710

Manchester NH 03102

6034614936



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Documents

PLAINTIFF S OPPOSITION TO DEFENDANT S … various disputes, citing in many instances, including to Plaintiff’s roommate, his disagreement over the litigations. See Exhibit A. 2