Free Motion for New Trial - District Court of Arizona - Arizona

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CLERK U S DISTRICT COURT
REPRESENTING SELF DISTRICT OF ARIZONA
BY E DEPUTY
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
WYVONNAMBARNETT CASENO 03 -2566 PHX ROS
PLAINTIFF
DEMAND FOR A TRIAL BY JURY
VS. DEPOSITION FOR NEW TRIAL BY IURY
BASHAS INC AND ET AL
MESA GENERAL HOSPITAL
SEPARATE DEFENDANT S SAME CASE NUMBER.
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SEE NITACHED MOTION FOR STAY OF EXCUTION OF IUDGEMENT
RULE 59 OF FEDERAL RULE OF CIVIL PROCEDURE PENDING THE DEPOSITION
OF A MOTION FOR A ( NEW TRIAL)
ACCORDING TO FEDERAL RULES OF CIVIL PROCEDURE VII IUDGEMENT l
RULE 59 (A)ANEWTRIAL MAYBEGRANTED TOALLORAFIYOFHIE
PARTIES (2} IN AN ACTION TRIED ( WITHOUT A JURY)
FACT S,
NOT ONLY I-IAS PLAINTIFFS CIVIL RIGHTS BEEN GREATLY ABUSED DUE TO THE
FACT SHE WAS DENIED THE TRIAL BY IURY THAT S1-IE DEMANDED.
IT IS PLAINTIFFS BELIEF TI-LAT 'DEFENDANTS LEGAL COUNCIL AND l
OTHERS , HAVE. COMMITED GRAVE MISCONDUCT ) AND (POSSIBLE FRAUD )
AGAINST PLAINTIFF AND I OR TI-IE COURT .
ACCORDING TO FEDERAL RULES OF CIVIL PROCEDURE VII JUD
RULE 60 (B) (3)
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AMOUNG OTHER THINGS THIS IS JUST CAUSE FOR PLA1N’I'IFF TO BE GRANTED A
NEW TRIAL ........
REGARDING I-IONORABLE JUDGE ROSLYN O SILVERS RULING.
HONORABLE SILVERS DID NOT I-IAVE TI-IE RIGHT TO MAKE THE FOLLOWING
RULING WITHOUT GRANTING PLAINTIFF A JURY TRIAL .
BASED ON TI-IE ATTACHED FEDERAL RULES OF CIVIL PROCEDURE WHICH VARIFY
REPEATEDLY THAT PLAINTIFF HAS A RIGHT TO A TRIAL BY JURY.
I-IONORABLE JUDGE ROSLYN O SILVERS RULED IN FAVOR OF ABOVE
DEFENDANTS GRANTING TI-[EM SUMMARY JUDGEMENTS WITH PREDJUDICE AND
I CLOSING THE CASE.
A'I'I'EMP'I`ING TO BAR PL.AINTI]:`·'F FROM FILING THIS PETITION AND ( ONCE
AGAIN ) DENYING PLAINTIFF HER CIVIL RIGHTS TO A IURY TRIAL .
REGARDING SUMMARY
THESE DISPUTES COULD HAVE ONLY BEEN DECIDED BY A JURY .....
ACCORDING TO 'I'I·IE GLOSSARY OF TERMS IN FEDERAL RULES OF CIVIL
PROCEDURE SUMMARY JUDGEMENTS MAY BE ( ONLY ) WHEN THERE
IS NO DISPUTE AS TO THE MATTER OF FACTS ....
THERE WAS DEFINATELY A DISPUTE AS TO THE MATTER OF FACTS OR THIS
LITIGATION WOULD NOT HAVE GONE ON FOR OVER TWO YEARS.
REGARDING TRIAL BY JURY.
THE JURY S DUTY IS TO BE TO MAKE A FAIR AND JUST EVALUATION BASED
ON TI—IE FACTS PRESENTED TO THEM AND D BY TI·IEM ,
HONORABLE SILVERS HAVING NOT GRANTED PLAINTIFF HER CIVIL RIGHTS TO A
TRIAL TOOKAWAY TI·IE('IRIESOFFACT)(JlIRY) ONWI-IICHPLAII\I'I`IFF`RELIED
ON TO SEE THAT JUSTICE WAS SERVED
EVEN THO PLAINTIFF PRESENTED PLENTY OF EVIDANCE THIS WAS NOT.
TAKEN INTO CONSIDERATION
HONORABLE SILVERS DID NOT PARTICIPATE IN TI-IIS CASE FOR OVER TWO YEARS
REFUSED TO PREVIEW THE FILES
AND OVER RULED TI-IE JUDGES ORDERS THAT DID PARTICIPATE ,
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AN ORDER WHEREIN HONORABLE JAMES A TEIHBORG RULED IN FAVOR OF
PLAINTIFF AND ORDERED THAT PLAINTIFFS COMPLAINT QUILIFIED AS A
CLAIM UNDER THE ADA AND THE ADEA. AND REFUSED TO DISMISS THE CASE
AGAINST HER FORIVIER EMPLOYER.
I-IENCE THIS MOTION FOR A NEW TRIAL BY JURY.
DATE Q /6 4 6 é
A M BARNETF PLAINTIFF
COPYS SENT ON 'THIS DATE TO:
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
SUITE 130 401 W. WASH,
PHOENIX ARIZONA 85003
I-IONORABLE JUDGE ROSLYN O SHJVERS ( SAME AS ABOVE. ‘
KENDD ./ COLBURN
394X N. THIRD AVE ,PHOEND( AZ. 85003
S HOWARD
SUITE 500 1850 N. CENTRAL AVE. PI-IXAZ.85004
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Case 2:03-cv-02566-ROS

Document 119

Filed 05/30/2006

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Case 2:03-cv-02566-ROS

Document 119

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Case 2:03-cv-02566-ROS

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