Alfred James Vincent v. Stanley Preiser

1. A movant for a protective order under W.Va. R. Civ. P. 26(c)(4) may be held in contempt of court, under W.Va. R. Civ. P. 37(b)(2)(D), for failure to comply with court orders compelling discovery, where a fair reading of the orders compelling discovery as well as the circumstances, including repeated oral rulings of the court, indicate that the Rule 26(c)(4) motion(s) have been denied. The Rule 26(c)(4) movant in such a case, by filing such motion(s), does not, in effect, grant himself a protective order until the court expressly denies the motion(s) for protective order.