Former City Hall communications director Petula Burks has been deposed in Connie Clay’s wrongful termination suit against her.
But in a Thursday court filing, Clay’s lawyer, Sarah Robb, accused Burks and her attorney of being uncooperative and walking out on a second day of court-ordered deposition because a court reporter was available two minutes late.
“This is another failure to obey the court’s orders and represents yet another unreasonable tactic by defendants’ counsel to obstruct discovery in this case,” Robb wrote in a motion asking Judge Claire Cardwell to intervene — and to go as far as imposing sanctions.
Sanctions are disciplinary actions a judge can take against attorneys who fail to abide by court orders or trial law. Examples include fines, formal reprimands and contempt of court.
Neither a city spokesperson nor Ogletree Deakins — the firm retained by the city to defend the suit — responded to a request for comment.
With just over a week remaining until the trial starts, Robb said the fact that she has not been able to thoroughly probe a named defendant in the case warrants strong action from Cardwell.
“The ability to fully question witnesses in depositions is essential to preparing a case for trial,” Robb wrote. “Time is running short.”
Clay, a former Freedom of Information Act officer for the city, is suing city officials and Burks, alleging Burks fired her for refusing to break public records law. Clay is seeking $250,000 in compensation and reinstatement to her position. The numerous hearings leading up to the three-day trial, which begins Sept. 23, have featured testy arguments over discovery and witnesses, often prompting Cardwell to implore the two sides to work together.
Robb: Burks left after court reporter failed to show
In Thursday’s motion to compel, Robb said Cardwell had ordered that Burks’ deposition begin Tuesday, Sept. 9, and continue on Wednesday “in the event the deposition continues into a second day.”
The two sides were supposed to meet Wednesday for the second day of questioning, but because of scheduling confusion, the hired court reporter, an employee of the court reporting firm Halasz, was running late.
Robb said she “reached out to Halasz, who apologized and was able to find both a court reporter and a videographer” available for the deposition.
Despite the fact Robb and Ogletree Deakins attorney Jimmy Robinson had previously agreed to a 1 p.m. cutoff for Wednesday’s deposition, Robb said Robinson set a deadline for 9:30 a.m. for the court reporter to arrive.
Robb wrote in the motion that the court reporter was prepared to attend the deposition virtually by 9:32 a.m., but by that point, Burks had already left the building.
“Mr. Robinson stated words to the effect that he found Ms. Robb’s questions irrelevant the day prior,” Robb wrote. “Mr. Robinson … walked Ms. Burks to the elevator, and she left.”
Robinson did not offer alternate days for the completion of the deposition, wrote Robb, who added that she has not yet had an opportunity to ask Burks questions regarding the meals tax fiasco and her departure from her city post.
Burks resigned on the heels of questions surrounding her use of nearly $100,000 in city funds at companies connected to her former business partner. She received around $14,000 in severance, officials previously told The Times-Dispatch — although Robb previously said officials failed to turn over a severance agreement during discovery, despite her request for it.
Robinson said he was not aware of any such agreement.
Sheila White failed to show for deposition, Robb claims
In the motion, Robb indicated that it’s not the first time she’s encountered issues trying to depose relevant parties.
According to Robb, former finance department Director Sheila White was one of two former city employees who failed to appear for depositions on Aug. 27, despite the fact that the parties had confirmed the depositions only two days prior.
In her motion, Robb expressed frustration and what she characterized as hypocrisy from Ogletree Deakins, noting that Clay had previously sat through a deposition that started late and hadn’t walked out as a result.
Robb also argued that, because she has not been given an opportunity to fully depose Burks, Burks’ attorneys should be barred from using “any evidence not produced.”
She asked that the jury be advised that Burks’ attorneys “did not turn over … requested documents and depositions,” and instructed to interpret that as “unfavorable” for the city’s case.