Free Response - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 309

Filed 04/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1271-EWN-BNB

PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, in his individual and official capacities, R. LYNN KEENER, ROBERT SCRANTON, and ESTATE OF OPAL WILSON, Defendants. ______________________________________________________________________________ RESPONSE TO PLAINTIFF'S SECOND NOTICE OF ATTORNEY MARQUEZ'S MISCONDUCT AND VIOLATIONS OF RULES ______________________________________________________________________________ Defendant James A. Montoya, by and through his counsel, Awilda R. Marquez, Esq., and Hall & Evans, L.L.C., in response to Plaintiff's Second Notice of Attorney Marquez's Misconduct and Violations of Rules ("Second Notice"), states as follows: In his Second Notice, Plaintiff alleges that counsel for Defendant Montoya requested the Sterling Correctional Facility to bar any contact from Defendant either by mail, telephone or through any other medium to include other persons. That is untrue. After Plaintiff abused the Colorado Inmate Phone System ("CIPS") regulations by adding attorney Marquez to the CIPS list (which regulates the individuals an inmate can call) as one of his own lawyers for purposes of making unrecorded and unmonitored telephone calls, Plaintiff began calling attorney Marquez repeatedly collect. On one day, attorney Marquez received approximately 22 messages from Plaintiff on her telephone for collect calls under the "90 series," or inmate-attorney calls.

Case 1:04-cv-01271-EWN-BNB

Document 309

Filed 04/23/2007

Page 2 of 4

Plaintiff was, once again, manifestly and knowingly abusing the telephone system of the Colorado Department of Corrections. Finally, attorney Marquez accepted one call from Plaintiff and advised Plaintiff that his adding her name to Plaintiff's CIPS list as his attorney was inappropriate, abusive and must stop. Plaintiff argued that the "90 series" calls were supposed to be for any attorney. Attorney Marquez reminded him that the "90 series" calls were only for his attorney, that attorney Marquez was not his attorney, and that the calls must stop. Because Plaintiff indicated his continuing intent to abuse the CIPS system, attorney Marquez called the Sterling Correctional Facility and requested that her name be removed from Plaintiff's CIPS list. One day before the Motions hearing held by Magistrate Judge Boland on April 11, 2007, attorney Marquez received a copy of Plaintiff's Second Notice of Attorney Marquez's Misconduct and Violations of Rules, which attached as an exhibit a Sterling Correctional Facility memo from Major Timothy Usry to Plaintiff, advising that attorney Marquez had requested no further contact and he was not to contact attorney Marquez through mail, phone or any other medium. Upon receipt of the copy of the Memo, attorney Marquez called Major Usry and was advised that it was practice within the Sterling Correctional Facility that when anyone requested to be removed from a CIPS list, such a "no contact at all" memo would be sent to the offending inmate. Attorney Marquez explained to Major Usry that only phone calls were to be barred, that Plaintiff could and must be able to remain in written communication with his opposing counsel, and that the memo should be revised to clarify the status of contact with attorney Marquez. The revised memo was issued and, on the day of the Final Pretrial Conference, Plaintiff signed it. It bars any phone calls but permits all written communication.

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Case 1:04-cv-01271-EWN-BNB

Document 309

Filed 04/23/2007

Page 3 of 4

Plaintiff's arguments that attorney Marquez' conduct "violates orders and rules of the Courts, violates Plaintiff's constitutional rights of access to the courts" is completely spurious, misstates the facts and the law, and fails to recognize his own abusive behavior that spawned the no-call request. Indeed, Plaintiff's bogus "notices" and requests for sanctions are no more than evidence of his continuing pattern of filing sham legal claims in the courts. Dated this 23rd day of April, 2007.

Respectfully submitted,

s/ Awilda R. Marquez__________ Awilda R. Marquez, Esquire Hall & Evans, L.L.C. 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] ATTORNEYS FOR DEFENDANTS

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Case 1:04-cv-01271-EWN-BNB

Document 309

Filed 04/23/2007

Page 4 of 4

CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 23rd day of April, 2007, I electronically filed the foregoing DEFENDANTS' RESPONSE TO PLAINTIFF'S SECOND NOTICE OF ATTORNEY MARQUEZ'S MISCONDUCT AND VIOLATIONS OF RULES, with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert J.M. Scranton, Esq. 231 East Vermijo Avenue Colorado Springs, CO 80903 E-mail: [email protected] I further hereby certify that on this 23rd day of April, 2007, I have mailed or served the foregoing document to the following non-CM/ECF participant in the manner (mail, handdelivery, etc.) indicated by the non-participant's name: Patrick M. Hawkinson, #62702 (via U.S. Mail, postage prepaid) Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751 Case Manager for Patrick Hawkinson (via U.S. Mail, postage prepaid) #62702 Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751

s/Leslie Grauberger, Legal Secretary______ Awilda R. Marquez Hall & Evans, L.L.C. 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] Attorneys for Defendants

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