Page 9 – Lessons of Charity

Motion to Withdraw

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…

January 17, 2025

Civil Dispute Law / Statute / Information Plaintiff State Court

Motion for Default Judgement

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…

January 16, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion to Strike Complaint & Objection

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…

January 15, 2025

Attorney Misconduct Alleged Civil Dispute NCHRC / HUD Plaintiff Violations

NCHRC Misleads

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…

January 15, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion & Objection to Extension of Time

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…

January 13, 2025

Civil Dispute NCHRC / HUD Plaintiff Violations

Delayed Determination

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…

January 9, 2025

Civil Dispute Defendants Plaintiff State Court

Request for Admissions

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…

January 2, 2025

Civil Dispute Defendants Plaintiff State Court

Request for Discovery

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…

December 26, 2024

Civil Dispute Law / Statute / Information Plaintiff State Court

Motion to Continue & Exceptional Case Status

While most people were busy enjoying the holidays, I was busy trying to protect my case. The trial was scheduled quickly, which it's supposed to be for a trial de novo. This just means starting with a clean slate — and past judgments and actions in the lower court aren't supposed to interfere with your…

December 23, 2024

Motion to Withdraw

Motion for Default Judgement

Motion to Strike Complaint & Objection

NCHRC Misleads

Motion & Objection to Extension of Time

Delayed Determination

Request for Admissions

Request for Discovery

Motion to Continue & Exceptional Case Status

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