Just Dreams (Brooks Sisters Dreams Series Book 1) (4 page)

At 9:30 a.m. on Friday morning, Charles and Kathy stood on the steps of the C. Clyde Atkins courthouse where the magistrate judges were housed.  It was an older, more traditional courthouse building than the very modern Wilkie D. Ferguson, Jr. Courthouse. 

Once again, news reporters surrounded them and shouted questions.  This time though, Charles let Kathy do the talking.

“Do you think the Court is going to grant the defendants’ motion for protective order?” one reporter asked.

“We certainly hope not.  Liberal discovery is one of the bedrocks of our legal system.  That’s why the standard for seeking to prevent discovery is so high,” Kathy said.  “Now, if you’ll excuse us, we have to go inside and prepare for the hearing.  Thank you.”

Charles and Kathy headed into the courthouse. They took a seat at the counsel’s table on the right hand side of the courtroom.  It was a smaller courtroom than Judge McCarthy’s, decorated more traditionally in wood and polished brass. 

Weisman, Donald Peachtree, Wilkes, and a man whom Kathy did not recognize, sat at the other counsel’s table.   Weisman rose from his seat and walked over to Kathy. “Good morning, Counselor.  Mr. Morgan.”   He nodded at Charles.

Charles nodded back.

“Good morning, Stewart,” Kathy said.

“Do you have a moment?” Weisman inclined his head toward the back of the courtroom.

“Yes.” She got up and followed him into one of the small conference rooms just outside the courtroom.

“Has your client had a chance to consider our rather generous settlement offer?”

“Yes, he has.  Your office should have received our letter by now rejecting it,” she said.

He raised his eyebrows.  “I see. Well, does your client intend to make a counteroffer?”  He held up a hand to stave off any protest she might make. 

“I know that you’re not able to discuss your client’s intentions with me. It’s just that, my client has provided me with a certain amount of settlement authority.  If we’re able to resolve this matter now, we could announce a settlement to the Court and obviate the need for the hearing.  So, is there an amount at which your client would be willing to settle this case?”

“I am not authorized to negotiate settlement with you at this time,” she said.

He grimaced.  “Okay. Well, moving on to the next order of business.  Have you given any thought to withdrawing your discovery requests in light of our agreement to stipulate that Mr. Wilkes was engaged in authorized company business at the time of the accident?”

“Yes,” she said.  “We still need that discovery, so we reject the offer to enter into a stipulation.  But thank you for the offer, though.”

Weisman frowned.   “I see. Well, I guess that’s all for now.”  He walked over to the conference room door and held it open for her.  He made a slight bow and swept his arm toward the opening. “After you, Counselor.”

“Thank you,” she said. 

He followed her into the courtroom and they took their respective seats.

Charles leaned over toward her.  “What did he want?”

“Later.” She stood up as the door to the judge’s chambers opened.

“All rise!” the bailiff called.

Everyone in the courtroom rose to their feet as Magistrate Judge Jacobs walked in and took his seat.  He was a tall, burly, African-American man, with a full beard and a stern expression on his face.  He cut an imposing figure in his judicial robes. “You may be seated.” His deep booming voice resonated with authority.  He looked down at the lawyers.  “Counselors, please make your appearances for the record.”

“Kathy Brooks from Gold, Rome & Harris on behalf of the plaintiff, Charles Morgan, Jr., your honor.  Also with me is my paralegal, Jim Mann.”

“Stewart Weisman here on behalf of Defendants, your Honor.  With me is Mr. Donald Peachtree, the President of Peachtree Consulting, and the individual Defendant, Mr. Thomas Wilkes.”

“We are here today on Defendants’ motion for protective order,” Judge Jacobs said.  “I have read ----.”

“Excuse me, your Honor,” Kathy said, “but I don’t believe the man sitting at the end of defense counsel’s table has been introduced.”  It was normally a huge
faux pas
to interrupt a judge – especially a federal one - but she couldn’t allow the opportunity to pass without forcing Weisman to introduce the mystery man sitting next to him.  Weisman stared at Kathy blandly for a brief moment before addressing the judge.

“Oh that was an oversight, your Honor.  This gentleman is David Bradford from the U.S. Attorney’s office.  He’s here today in case your Honor requires testimony with respect to the confidential nature of the information at issue in the motion,” he said.

“I object to the taking of any testimony from this witness your Honor.  This hearing was not noticed as an evidentiary hearing and we had no notice whatsoever that it would be,” she said.

Judge Jacobs looked sternly at Weisman.  “She’s correct, Counselor.  This is not an evidentiary hearing and I will not entertain any testimony from any witnesses at this juncture.  I have reviewed the motion papers and have a few questions.  That’s the only reason I set this oral argument.  My first question is the basis for defendants’ argument that information pertaining to the assignment Mr. Wilkes was working on at the time of the accident is confidential. My second question is whether the interests of national security can be served through less drastic means than precluding the discovery altogether.  I’ll start with counsel for the defendants first.”

Stewart Weisman walked up to the podium located in between and a few feet in front of counsels’ tables. “To address the first question, your Honor, we have submitted the affidavit of Mr. Donald Peachtree in which he testified that Peachtree Consulting is a government defense contractor that performs operations for the U.S. Government all over the world, many of which are highly classified.  He and Mr. Wilkes have submitted affidavits stating that, at the time of the accident, Mr. Wilkes was engaged in duly authorized business of the company.  In fact, he was engaged in a highly classified operation at the government’s request.  We brought Mr. Bradford here to testify that the U.S. government has an interest in protecting the information sought in some of the very broad ranging discovery served by the Plaintiff in the interests of national security.  The dissemination of this highly classified information to the general public would be detrimental to national security interests.  With respect to the second question - whether lesser relief would serve the same purpose – we submit that it would not.  A confidentiality order, no matter how restrictive, would still tend to place highly confidential information in the hands of persons without the necessary clearance to be read in.”

Judge Jacobs’ face was impassive when he turned to Kathy.  She couldn’t tell whether he had been swayed by Weisman’s arguments or not.  “Ms. Brooks, any response?”

“Yes, your Honor.”  She stood up and headed to the podium.  Weisman stepped aside and took his seat.

“First,” she said, ticking the arguments off on her fingers, “although counsel mentioned the words “national security” several times during his argument, nowhere in the affidavits submitted by the defendants in support of their motion does it state that Mr. Wilkes was engaged in a mission vital to national security at the time of the accident.  In fact, neither his nor Mr. Peachtree’s affidavit states that he was working on a highly classified matter at the time of the accident.  The only indication we have of that is argument of counsel, and, as we all know, argument of counsel is not evidence.”

She turned to look at Weisman and watched as his lips thinned.  She then turned back to address the judge. “Second, as your Honor pointed out, any reference to the possible testimony of the assistant U.S. attorney today is improper and cannot be used as evidence.”

Judge Jacobs turned to his computer and tapped a few keys.  “The defendants’ affidavits do state that Peachtree Consulting is a defense contractor for the U.S. government and that the information sought by Plaintiff in its discovery is classified.  In light of that, and the fact that the defendants are willing to enter into a stipulation that Mr. Wilkes was engaged in authorized company business at the time of the accident, I’m inclined to grant the motion for protective order.”

Damn
.  The judge was about to grant Peachtree’s motion.  She had no choice but to go to her fallback position and ask for less drastic measures even though she knew Charles would not be happy. 

“Your honor, even if the Court believes that Peachtree has met its burden of proof, there are less drastic means of safeguarding the information than precluding its production altogether such as the entry of a confidentiality order.”  Kathy made the mistake of looking at Charles after she made that last argument.  If looks could kill, she would certainly be dead.  Didn’t he understand she was fighting for their lives here?  Oh well, she’d just have to deal with him later.

Judge Jacobs nodded.  He picked up his gavel and rapped it.  “Having reviewed the motion papers and heard the arguments of counsel, I have come to a decision.  The Motion for Protective Order will be granted, in part, as follows.  The discovery shall be produced subject to a confidentiality order.  Those documents and information designated by the defendants as highly confidential shall be produced for ‘attorney’s eyes only.’  If there is no other business, the Court is recessed.”  He rapped his gavel again, set it down and stood up.

“All rise,” the bailiff called out. 

Everyone in the courtroom rose to their feet.  Voices erupted as soon as the door to the Judge’s chambers had closed behind him.  Reporters raced out of the courtroom - presumably to get to their cell phones and call their editors since only attorneys were allowed to bring such devices into the building.

Kathy returned to the table to face a furious looking Charles.  When he opened his mouth, she held up a hand to cut him off.  “Not here,” she said, quietly.  “And fix your face.  There are a million cameras around here.  Remember?”

He gave her a grim nod before standing up and heading out of the courtroom.  Kathy turned to look at Weisman.  She had expected for him to look smug with his little victory, but he was busy talking to his client who looked as furious as Charles did.  She followed Charles out of the courtroom. 

***

The next day, Charles met his father for lunch at the Grand Bay Hotel.  They sat at a corner table where they could have a little bit of privacy.  His father dove into his lobster with gusto.  Charles narrowed his eyes.  “Are you supposed to be eating that?”

His father looked as guilty as a schoolboy caught with his hand in the cookie jar. He held an index finger up to his mouth.  “Sssh,” he said.  “Don’t tell your mother.” He looked around furtively, as if half expecting his wife to show up any moment and catch him eating the shellfish. 

Charles laughed.  “Dad, that’s the stuff that gave you gout in the first place.  Shouldn’t you give it a rest?”

“Shouldn’t a man be able to eat what he wants to?  If I let them keep me from eating my favorite foods, then what’s next? Anyway, we’re not here to talk about me.   I invited you out to lunch to find out how you’re doing.  I’ve been following the press coverage on your case.  You didn’t look too happy on the cameras there, son.  How’s that law firm we recommended working out?”

“They’re doing a very good job actually.  The lawyer they’ve assigned to my case is pretty sharp and good on her feet.”

“I saw her on the news.  She’s good with the press and she’s not bad-looking either.”

“Don’t let Mom find out you’re checking out my attorney.” 

His father laughed.  “I won’t tell if you don’t, son.  So, if the law firm is doing a good job, why are you so unhappy?”

“It’s not the law firm I have a problem with or even how the case is going.  It’s working within the confines of civil litigation,” Charles said.

His father looked at him curiously.  “In what way?”

Charles swore under his breath.  He could have kicked himself for that last statement.  He hadn’t told his father about his ultimate plan for Peachtree Consulting. As far as his father was concerned, this was just a wrongful death lawsuit and nothing more.  He didn’t want his father to worry about him like he used to do when Charles was in the Corps.  But his father was a very astute man and, now that he’d mentioned the confines of civil litigation, he’d have to come clean.

“Well, Dad, my sources tell me that Peachtree’s operative killed Patti and our baby while playing James Bond for the C.I.A. which had no authority to hire Peachtree to conduct operations on U.S. soil in the first place.  I’m not in this for the money.  I won’t be satisfied with just winning the lawsuit either.  I’m not going to be happy until Peachtree loses all of its government contracts and goes out of business,” he said.

Charles Morgan, Sr. put down his fork and took a good look at his son.  “I don’t need to tell you that you’ve chosen a very dangerous path. Defense contractors like Peachtree are filled with ex-spooks and mercs.  They won’t hesitate to take you out if they perceive you to be a threat.”  Charles opened his mouth to speak, but closed it when his father held up a hand. 

“I’m not finished.  I know how much you want to get those bastards.  I do too. Don’t forget I lost my daughter-in-law and my future grandchild in that accident. That’s why I was behind you a hundred percent when you said you wanted to sue them.  But I don’t want to lose you too.  I couldn’t bear that, son.”