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Brother must prove why depositions should remain confidential

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A Porter County court erred in merging the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, the Indiana Court of Appeals ruled Tuesday. It ordered a hearing at which a man involved in a lawsuit with his brother must prove why portions of his deposition should be restricted from public access under Administrative Rule 9.

In Constantinos P. Angelopoulos v. Theodore P. Angelopoulos, Neptunia Incorporated, Transmar Corporation, Didiac Establishment, Beta Steel Corporation, and Top Gun Investment Corporation, II., 64A04-1211-PL-594, Constantinos Angelopoulos turned to the Porter Superior Court in 2011 after the Greek courts held he is not entitled to a portion of the shares of Beta Steel Corp. as an heir under his late father’s estate. The Greek courts found his brother Theodore Angelopoulos to be the sole owner of Beta Steel, which has its main facility in Portage.

“By the clear language of the Greek court decision, Constantinos’s inheritance action resolved the issue of whether Panayiotis transferred ownership of the shares of Beta Steel to Theodore while Panayiotis was still alive or whether these shares were part of Panayiotis’s estate to which Constantinos is entitled to a share as Panayiotis’s heir. The Greek courts clearly rejected Constantinos’s claim on its merits. Pursuant to the doctrines of both comity and res judicata, Constantinos cannot now relitigate this issue in Indiana courts,” Judge Paul Mathias wrote.

The judges did order more proceedings on whether certain portions of Theodore Angelopoulos’ depositions should remain confidential. During litigation in Indiana, the trial court approved a protective order that some of the documents subject to discovery would contain trade secrets or other information that should remain confidential. Theodore Angelopoulos wants his depositions to remain confidential because he fears his brother will use the information in it in any future action he files in Greek court.
 
“Theodore claims that the deposition materials should have remained confidential because the trial court had already approved of the agreed-to protective order, which he claims would qualify as excludable from public access under Rule 9(G)(1)(c). Our supreme court implicitly disagreed with this position in Travelers, where despite a similar protective order, the court made no indication that this would constitute a specific court order for purposes of Rule 9(G)(1)(c),” Mathias continued. The trial court incorrectly presumed that the exclusion of the materials in question was “automatic” because of its earlier protective order, the court held.
 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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