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 identical in substance to the one Judge Davidian had already ruled on and denied on February 17, making it a refiled motion on a matter already decided—something that is not allowed. Worse, the answer and counterclaims were filed after the 5:00 PM deadline, making them untimely.
I immediately responded by filing a Notice of Automatic Stay Violation and Improper Filings, documenting these issues for the record.
Before doing so, I gave opposing counsel an opportunity to withdraw the motion, emailing him directly and laying out all of the procedural violations. Instead of correcting the error, he responded by claiming Judge Davidian had never ruled on the dismissal portion—despite the record clearly showing otherwise—and continued to assert there was no automatic stay in effect.
He amended the answer and counterclaim on Monday, Mar 17, which the hypocrisy doesn’t even need to be explained. The counterclaim includes a baseless abuse of process counterclaim seeking over $25,000 and Anna answers were misleading, contradictory, and false. His filings, tone, and repeated misstatements were not just improper—they were retaliatory, unethical, and meant to undermine my legal position while exhausting my resources.
NC G.S. 1A-1, Rule 11 (a). Signing by Attorney
Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.
G.S. 1A-1, Rule 5. . Service and filing of pleadings and other papers.
(b) service is made under this subsection if performed on an attorney through the court’s electronic filing or case management system at an email address of record with the court. Service is made under this subsection if performed on a party through the court’s electronic filing system or case management system at an email address of record with the court in the case if the party has consented to receive service through the court’s electronic filing or case management system and a copy of the consent is filed with the court by any party. Service through the court’s electronic filing or case management system must be sent by 5:00 P.M. Eastern Time on a regular business day. If the service is sent after 5:00 P.M., it will be deemed to have been sent on the next business day.
North Carolina Rules of Professional Conduct, Rule 3.3. Candor to the Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;