Brother must prove why depositions should remain confidential

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues