Document for Chassity Myers VS Terry Thomas

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                                IN THE SUPERIOR COURT OF DEKALB COUNTY
                             STATE OF GEORGIA


CHASSITY MYERS                          :
                                        :
      Plaintiff                         :
                                        :        Civil Action
V.                                      :
                                        :        File No. 23FM4232
TERRY THOMAS                            :
                                        :
      Defendant                         :


           MOTION TO QUASH AND MOTION FOR PROTECTIVE ORDER

       COMES NOW CHASSITY MYERS, Plaintiff and files this, Third Party Motion

 to Quash and Motion for Protective Order, pursuant to O.C.G.A. § 9-11-34 and

 O.C.G.A. § 24-13-23(b)(1) and O.C.G.A. §16-5-94(d)(3) respectfully showing this

 Court the following:

                                            1.

      Subpoena for Production of Evidence was served in this case to Truist Bank.

                                            2.

      Plaintiff shows that the subpoena for the production of documents is irrelevant

to the instant action, as Plaintiff has already produced one year with of bank

statements, Plaintiff was unemployed for 75% of this action so therefore there is

nothing relevant that needs to be discovered.

                                            3.

      Plaintiff shows that the subpoena for the production of documents is irrelevant

                             Chassity Myers v. Terry Thomas
                                       23FM4232
                              DeKalb County Superior Court
                                    Motion to Quash

                                     Page 1 of 4
to the instant action in large part, and is both harassing and vexing to Plaintiff.

                                             4.

      Moreover, this subpoena is a discovery expedition by Defendant to

embarrass and encumber the Plaintiff which is overbroad, unreasonable,

oppressive, and vague. See Washburn v. Sardi’s Restaurant et al., 191 Ga. App.

307 (1989) and O.C.G.A. § 24-10-22 (b) (1) and O.C.G.A. § 50-18-72(a)(1).

                                             5.

      Additionally said subpoena has no legitimate and/or good faith basis.

                                             6.

      Undersigned counsel shows that Pursuant to O.C.G.A. § 9-15-14, the

Defendant’s subpoena request for production is without merit.

                                            7.

      Plaintiff shows that she has had to incur legal fees in order to defend herself

against this subpoena and requests that she be reimbursed.

WHEREFORE, PLAINTIFF PRAYS:



      a)     The Court quash the Subpoena for the Production of Documents and

             issue a Protective Order AND




                               Chassity Myers v. Terry Thomas
                                         23FM4232
                                DeKalb County Superior Court
                                      Motion to Quash

                                       Page 2 of 4
     b)    For such other and further relief as this Court deems appropriate under

           the circumstances including an award of attorney fees.



     This the _28__ day of March 2024.

                                                     Respectfully submitted,




                                                     Jennifer Yoxall
                                                     Bar No. 656361
                                                     Attorney for Plaintiff
Yoxall Family Law
One West Court Square
Suite 750
Decatur, GA 30030
(678) 420-5534
jennifer@yoxlaw.com




                           Chassity Myers v. Terry Thomas
                                     23FM4232
                            DeKalb County Superior Court
                                  Motion to Quash

                                   Page 3 of 4
                  IN THE SUPERIOR COURT OF DEKALB COUNTY
                             STATE OF GEORGIA


CHASSITY MYERS                           :
                                         :
      Plaintiff                          :
                                         :    Civil Action
V.                                       :
                                         :    File No. 23FM4232
TERRY THOMAS                             :
                                         :
      Defendant                          :

                           CERTIFICATE OF SERVICE

       This certifies that the undersigned counsel has served the Defendant via
electronic service with this Motion to Quash and Protective Order.



      This the _28_ day of March 2024.

                                                      Respectfully submitted,




                                                      Jennifer Yoxall
                                                      Bar No. 656361
                                                      Attorney for Plaintiff
Yoxall Family Law
One West Court Square
Suite 750
Decatur, GA 30030
(678) 420-5534
jennifer@yoxlaw.com




                            Chassity Myers v. Terry Thomas
                                      23FM4232
                             DeKalb County Superior Court
                                   Motion to Quash

                                    Page 4 of 4