This was my first formal attempt to correct the growing procedural misconduct in the case, objecting to the defendants’ failure to file an answer and exposing, through emails, that opposing counsel was playing deliberate games with disclosure about new counsel. It was clear even then that they were intentionally creating procedural confusion to delay the…
The January 23 hearing fundamentally shaped everything that followed in my case and the amount of misconduct is too long to list. What should have been a day of progress instead became a shocking demonstration of procedural irregularities. The hearing was scheduled before Chief District Court Judge Eagles, who had sole authority to rule on…
The very next day after I filed my Motion for Default Judgment, Frank submitted a Motion to Withdraw as Counsel — and this also violated procedure. As I noted in a previous filing, Rule 16 requires there to be justifiable cause for an attorney to withdraw from a case. This usually means there’s a serious…
On January 16, I should have won this case — it should have been over. When a defendant fails to file an answer by the deadline, the case moves into default, meaning I was entitled to default judgment under the rules. Frank’s Motion to Strike hadn’t been ruled on yet, and it was clearly procedurally…
Instead of filing an answer like required, Frank McGraw, in a desperate move, filed a Motion to Strike under Rule 12(f) and tried to claim that doing so automatically extended their time to answer by 20 days — which is factually incorrect. Under the law, filing a Rule 12 motion only extends the deadline if…
Investigator Bynum did not respond to my request for a formal written notice for delay. So I wrote to the Director, Jonathan Ekblad, expressing serious concerns about the delay, the lack of formal notice, and the harm the ongoing retaliation was causing me in court.
Instead of addressing the problem, Ekblad responded defensively, claiming…
Right around the time the defendants' answer was due in district court, the procedural games began. On January 9, Frank emailed me for the first time stating that Anna was looking for new counsel — without explaining why. He claimed she had been searching since December 16, but I didn't take it seriously. If she…
After Christmas, I never heard back from the investigator. Out of respect, I decided to wait and give her space because of the holidays.
I finally followed up on January 7th, but got no response. When I followed up again on January 9th, I was told the determination was still "in progress."
This…
To ring in the New Year, I spent it writing up the Request for Admissions. These are formal statements that the opposing party must admit or deny under oath.
They are used to narrow the issues for trial by establishing certain facts as true ahead of time. If they fail to respond within the…
On Christmas Day (and my favorite holiday), I spent it writing up my request for discovery. I sent the Request for Documents and Interrogatories the next day. These are formal discovery tools used to gather evidence. The Request for Documents asks the opposing party to produce specific records, emails, or other materials related to the…