[Legible Transcription of photocopy]
SUPREME COURT OF THE STATE OF NEW YORK – NEW YORK COUNTY
(STAMPED) FILED MAY 01 2006
(STAMPED) RECEIVED APR 20 2005
PRESENT: WALTER B. TOLUB Justice
INDEX NO. 1218682007
MOTION DATE 0403/06
MOTION CASE NUMBER __________
The following papers numbered _____ were read to a motion for _____________
Notice of Motion/Order to Show Cause – Affidavits – Exhibits -- PAPERS NUMBERED
Answering Affidavits – Exhibits _____________________
Replying Affidavits _______________________________
Cross-Motion ___Yes ___No
FOR THE REASONS
By this motion defendant moves for an order for sanctions against plaintiff Morgan Pillsbury for witness tampering.
The current allegations advanced in the instant motion as that plaintiff has contacted potential witnesses
and has sent unsolicited emails to defendant’s employer. Defendant contends that this behavior
constitutes witness tampering and harassment. Plaintiff maintains the position that she is within her rights
to contact these individuals because – there is not a precisely existing court order preventing or
enjoining the plaintiff from sending out a notice of suit letter in an aforsaid future case that has not yet
been filed (Affirmation of Gary S. Fish in Opposition to Defendant Motion to Sanction Plaintiff for Alleged Witness Tampering).
This court is appalled by the behavior complained of in this motion and refuses to tolerate any more
Behavior that appears to attempt to further undermine or delaying this case.
As such, plaintiff is hereby prohibited from contacting any and all individuals or entities that may be
Required to appear as witnesses in this case, as well as enjoins associated personally or professionally
with them. Moreover, any communications plaintiff feels are necessary concerning any “foreseeable future cases” shall be made solely through plaintiff’s counsel and should counsel be changed, shall be
applicable to any new counsel that may step in to handle this case.
Violation of this order in any way whatsoever shall be perceived as contempt of court, and this court
Upon a showing of contempt of this order, will entertain any and all properly made motions.
Counsel for the parties are directed to appear for a Pre-Trial Conference in 1A Part 15, Room 335, New
York, New York, on May 5, 2006 at 11:00 a.m.
This constitutes the decision and order of the court.
Dated:4/11/06 (handwritten) (Initialed)
WALTER B. TOLUB, JSC (Other initials IVOW)
Check one: ___FINAL DISPOSITION _x_ NON-FINAL DISPOSITION
Check if appropriate: ___DO NOT POST ___REFERENCE