On the same day I filed my federal complaint, I received an email from Mr. Yopp stating that he intended to file a motion to continue the trial and asking what date I preferred. I responded by reiterating that under the automatic stay, it wasn’t my responsibility to propose dates—it was the court’s obligation to…
Attorney Misconduct Alleged
On April 16, 2025, the defendants filed a Request for Judicial Settlement of the Record on Appeal under Rule 11(c), but their request went far beyond what the rule permits. Rule 11(c) allows the trial court to resolve disputes over the narrative of the record—factual disagreements or clarifications about what happened procedurally—not to decide what…
On March 5, I properly served the Proposed Record on Appeal through the Wake County Superior Court’s Odyssey eFile and eServe system. Under Rule 26(c) and Rule 11(b), that triggered the 30-day clock for objections, making opposing counsel’s deadline April 4. I never heard from him, so on Monday, April 7, around noon, I served…
DOJ filed their formal Response in Opposition to my Motion to Disqualify on April 1, 2025. That filing deliberately misrepresented both my position and the legal conflict I raised. The DOJ claimed Rule 1.7 didn’t apply because I wasn’t their client, completely ignoring that my argument was about an institutional conflict of interest—namely, that they…
After I filed a detailed Motion for Sanctions and a Motion for Leave to Reply in the Court of Appeals, opposing counsel doubled down by responding in a hostile, condescending tone—continuing to misrepresent both the procedural record and the law. Their response to my Motion for Sanctions accused me of filing premature appeals for the…
According to the rules for contested case petitions, a judge should be assigned within five days of filing, but ten days later I still hadn’t heard anything. When I went to check the status, I discovered that the Office of Administrative Hearings had an eFiling system, so I registered. That’s when I saw that my…
On March 14, 2025—despite the automatic stay being in effect—opposing counsel filed a new Motion to Dismiss and an Answer with Counterclaims, all while fully aware that jurisdiction had shifted to the Court of Appeals. This was not only improper under N.C. Gen. Stat. § 1-294, but procedurally abusive.
The motion to dismiss was…
The defendants filed an opposition to my Writ of Prohibition, mischaracterizing the facts, minimizing my appeal as nothing more than dissatisfaction with “routine orders,” and falsely claiming I filed an amended complaint without leave of court—despite the fact that the court had already denied their motion to strike it. Their response was riddled with misleading…
On March 5, I completed the Proposed Record on Appeal and served it to opposing counsel. For context, the Record on Appeal is a highly structured document that includes every relevant filing, order, and transcript from the trial court, organized in a very specific way so the Court of Appeals can understand the full context…
As I was preparing the record on appeal, I was reminded that the admissions were still unresolved—opposing counsel’s motion for extension of time had never been ruled on. Judge Davidian refused to rule on my motion to strike the extension or deem the admissions admitted. But under Rule 36(a), it didn’t matter—the admissions were already…