Free Motion for Order to Show Cause - District Court of Federal Claims - federal

Case 1:05-cv-00186-FMA

Document 29

Filed 01/29/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
LAVETTA ELK,
Plaintiff,

v.

UNITED STATES,
Defendant.

) ) ) ) ) ) ) ) )
)

Case No. 05-186L Judge Francis M. Allegra

PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE WHY SGT. JOSEPH KOPF SHOULD NOT BE HELD IN CONTEMPT
Plaintiff,

LAVETTA ELK, by

and through undersigned counsel, and pursuant to

RCFC

37(b), files this Motion for Order to Show Cause Why Sgt. Joseph Kopf Should Not Be Held in
Contempt, and states as follows:
1.

This case arises from the sexual assault

of Lavetta Elk by

Sgt. Joseph

Kopf at the

Pine Ridge Indian Reservation on January 7, 2003. After initially lying under oath, Sgt Kopf
confessed to making unwanted sexual advances toward Lavetta Elk.

2.

On January

8,

2007, Sgt. Kopf was subpoenaed to appear for deposition on
Prior to service

Wednesday, January 24, 2007 in Manhattan, Kansas. See Exhibit "A."

of the

Subpoena for Deposition, the deposition date and location were coordinated with counsel for Sgt.

Kopf.
3.

The undersigned made arrangements to travel to Manhattan, Kansas from Fort

Lauderdale, Florida to take the deposition of Sgt Kopf.
4.

On January 19,2007, the undersigned received notice from counsel for United

HERMAN & MERMELSTEIN, P.A.

WWW.HERMANLAW.COM

Case 1:05-cv-00186-FMA

Document 29

Filed 01/29/2007

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CASE NO.: 05-186L

States that neither they nor Sgt.

Kopfwill be attending the deposition. Sgt. Kopfs

counsel never

contacted the undersigned at anytime after the deposition date and time were agreed upon.

No

excuse was offered for Sgt.
5.

Kopfs failure to

appear.
States that the

The undersigned advised counsel for United
seek
a

Defendant and/or Sgt.

Kopf must
6.

protective order in advance

of the deposition.

To date, no protective order has been requested or obtained by Sgt. Kopf or the

United States.
7.

Plaintiff is substantially prejudiced by Sgt. Kopfs failure to appear for deposition
a

pursuant to

lawful subpoena.

Sgt.

Kopf

is

a

critical witness insofar as he is the perpetrator of

assault underlying this lawsuit.

8.

Plaintiff hereby requests that Sgt. Kopfbe ordered to show cause why he should not

be held in contempt and ordered to appear for deposition in Manhattan, Kansas within twenty (20)

days at

a

place to be determined by the Court.

WHEREFORE, Plaintiff, LAVETTA ELK, respectfully requests this Honorable Court to
enter an order to show cause why Sgt. Kopf should not be held in contempt and that Sgt. Kopfby
ordered to appear for deposition within twenty

(20) days.

Dated: January 29, 2007

HERMAN

& MERMELSTEIN,

P.A.
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WWW.HERMANLAW.COM

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Case 1:05-cv-00186-FMA

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CASE NO.: 05-186L

Respectfully submitted,

HERMAN

&

MERMELSTEIN, P.A.

Attorneys for Plaintiff 18205 Biscayne Boulevard

Suite 2218

Miami, Florida 33160 Telephone (305) 931-2200 Facsimile: (305) 931-0877
www.hernlanlaw.com

By:

M. Herman JEFFREY M. HERMAN, ESQ.
[email protected]

sf Jeffrey

STUART S. MERMELSTEIN, ESQ.
[email protected]

ADAM D. HOROWITZ, ESQ.
[email protected]

CERTIFICATE OF SERVICE
I

HEREBY CERTIFY

that on this January 29, 2007, I electronically filed the

foregoing with the Clerk of Court using the CMfECF system which will send notification of such
filing to the following e-mail addresses:

Kevin Stark Webb, Esq. [email protected]

sf Jeffrey

M. Herman

HERMAN & MERMELSTEIN,

P.A.
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WWW.HERMANLAW.COM

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