Law firm moves to quash subpoena in one of two '09 Rick Jones suits
A law firm is moving to quash a subpoena served by former real estate developer Rick Jones for records related to his ex-wife and the City of Wood River and for a protective order in a breach of contract suit he filed two years ago.
The suit is one of two breach of contract cases Jones filed in 2009 against those he claims gypped him in real estate deals.
Jones won $450,000 in a default judgment against defendant Melissa Tucker in the later of the 2009 cases, in December 2010.
Tucker never entered an appearance in the suit over a home purchase that went south.
Jones is suing Wood River for allegedly failing to hold up its end of a land deal as well.
Wood River counters that Jones did not go through with his part of the bargain.
It has a counterclaim pending against Jones.
His ex-wife, Dorothy Jones, is also named as a counter-defendant in the case.
The Wood River case is set for a case management conference Feb. 23 at 9:30 a.m.
According to a Jan. 27 filing, the law firm of Reilly Law P.C. and attorney Erin Reilly have entered a limited appearance to fight a subpoena for records deposition subpoena duces tecum served last month.
That type of subpoena relates to a move that mandates a witness appear for a proceeding and that they bring the requested documents with them.
In the filing, the Reilly firm alleges Rick Jones' attorney Robert Bassett served the subpoena asking for all written communication between it and Wood River that relates to real estate and property owned by Dorothy or Rick Jones.
The firm asks the court to quash the subpoena because the subpoena is directed to a mis-named entity, it is vague, and that the move is unduly burdensome and broad.
"Without further explanation as to the scope of the documents and timeframe of documents requested, the request would result in an unreasonable and unduly burdensome amount of time and expense," the firm claims.
The firm also asks for a protective order covering attorney's fees and costs.
Jones is currently serving time in prison pursuant to a plea bargain he reached related to federal tax evasion charges.
The Wood River suit was filed first. It is Madison case number 0-9-L-641.
Madison County Circuit Judge David Hylla presides.
Madison County Associate Judge Thomas Chapman oversaw the Tucker case. It is case number 09-L-891.