Motion for Protective Order

DEFENDANT'S MOTION FOR PROTECTIVE ORDER

COMES NOW, the Defendant, Cinch Home Services, Inc. (hereinafter "Defendant") by and through the undersigned counsel and the law firm of XXXXXXXX and hereby files Defendant's Motion for Protective Order, ("Motion") and states as follows:

I.The subject litigation arises from a Home Warranty Contract with the Plaintiff, which provides certain coverage over Plaintiff's HVAC system. The Plaintiff filed his Warrant in Debt on or about September 3, 2020.

2.Upon being retained by the Defendant, the undersigned sent correspondence dated September 25, 2020 to the Plaintiff advising him of this firm's representation and indicating that all further correspondence shall be directed to the undersigned. See attached Exhibit 1. After the initial telephone conference with the Plaintiff on October 1, 2020, the undersigned requested that all communication be done in writing.

3.This firm has entered its appearance in this case; attended the initial conference as counsel for Cinch Home Services; and signed all pleadings as counsel for Cinch Home Services.

4.Since the date of the initial telephone conference, the Plaintiff has been advised on several occasions that the undersigned and Attorney XXXXXXXX of the firm are the only people that the Plaintiff should communicate with or copy on any email correspondence regarding this claim.

5.The Plaintiff has refused to restrict his communication to counsel even after being told that such behavior is inappropriate. The Plaintiff continues to contact Defendant's Chief Executive Officer, Steve Upshaw; the Defendant's President, Howard Wolk; Defendant's internal legal department; and Defendant's customer service representatives. See attached correspondence referenced as Compost Exhibit 2. The Plaintiffs behavior is harassing and inappropriate and he should be directed to stop immediately.

6.The Plaintiff has been advised on several occasions to refrain from communicating with Defendant regarding the current litigation. The Plaintiff’s communications and behavior is intended to harass and intimidate the Defendant. For example, on October 11, 2020, the Plaintiff sent correspondence to the undersigned and copied the Defendant's President. In this correspondence, the Plaintiff also provided a link to his blog referred to as "Cinch Home Services Scam"purportedly asking for "constructive criticism" regarding his blog.

7.On October 15, 2020, the undersigned, again, advised the Plaintiff that it is improper for him to contact any representative of Cinch Home Services. See attached correspondence referenced as Exhibit 3. In response, the Plaintiff defyingly states that he has the right to include other parties to our email communications and impliedly indicated that this behavior will continue. See attached Exhibit 4.

8.Based on the foregoing, the Defendant moves this Honorable Court to enter an Order prohibiting the Plaintiff from contacting any representatives of Cinch Home Services, including but not limited to the Board of Directors, the internal legal department, and customer service representatives, and to direct to the undersigned only correspondence regarding his HVAC claim.

WHEREFORE, the Defendant, Cinch Home Services, respectfully requests this Court to grant this motion, issue an order prohibiting the Plaintiff from communicating and/or contacting any representatives of Cinch Home Services regarding his HVAC claim, and grant any and all relief that is just and proper.

Dated: October 20, 2020