Free Reply to Response to Motion - District Court of Arizona - Arizona

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yy ——»- F?Fr3,;—,VED LO5;GED
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1 i OCT 0 3
C; 2005
2 ERK U S
Scott M. McNair By Di$Tn;CTDéiTH1CT CCU
3 5401 North Black Canyon Highway QZONA RT
Phoenix, Arizona 85015 E DEPUTY
4
5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE DISTRICT OF ARIZONA
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g SCOTT M. MCNAIR N0. CV-03-2119-PHX-NVW
Plaintiff,
9 REPLY TO MOTION TO COMPEL
V. WITHDRAWAL OF COUNSEL DANIEL
10 BRENDEN AND REQUEST FOR SANCTIONS
County of Maricopa, et al,
1] Defendants,
Assigned to the Hon. Neil V. Wake
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15 I. PLEA FOR LENIENCY AND WAIVER OF FORMAL REQUIREMENTS
16 In that the Plaintiff (McNair) is neither represented by counsel nor had any formal legal training,
17 he does hereby request leniency from the Court for the form and content of this pleading, and does
18 request the Court to waive and! or modiiy any formal procedural requirements in order to insure
19 McNair due process and equitable justice, and to insure that a fair and just determination can be
20 made. Moreover, as McNair is a pro se litigant and not an attomey, his pleadings must be considered
21 without technicality. (“Pr0 se litigants ’ pleadings are not to be held to the same high standards of
22 perfection as lawyers. "l)
1 Haines V. Kemer, 92 S.Ct. 594; Jenkins V. McKeithen, 395 US 411, 421 (1969); Picking V. Penna. Rwy. Co. 151
F.2d 240; Puckett V. Cox, 456 F .2d 233.)
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1 Case 2:03-cv—O2119-NVW Document 65 Filed 10/O3/2005 Page 1 of 3

1 _ II. MEMORANDUM AND POINTS OF AUTHORITY
2 Daniel Brenden was informed prior to initiation of this action that he would be a witness in
3 l this case.
4 M Daniel Brenden ignored warnings by plaintiff that he would seek sanctions against Brenden
5 l if he attempted to appear as counsel for any party in this action.
6 I Daniel Brenden gives no reason for ignoring his duty to avoid this unethical situation.
7 ; Daniel Brenden has refused to abide by Arizona State Bar Ethic rules and voluntarily
8 H withdraw.
9 p Daniel Brenden’s remeditated representation of parties in an action in which he knew he
10 i would be called as a primary and crucial witness is a willful violation of the rules of conduct.
11 Daniel Brenden does not dispute that he willfully and deliberately violated these rules of
12 i conduct and provides no legitimate explanation for his actions.
13 I III. CONCLUSION
14 l By deliberately defying the Rules of Professional Conduct, Brenden premeditatedly endangered
15 { his clients and the Court should deal harshly with this brazen unethical act. In order to protect its
16 y own integrity, this Court must now:
17 a. Order Brenden to immediately remove himself as counsel for any and all parties in
18 E this matter,
19 E b. Refer Brenden’s blatant and premeditated violation of the Rules of Professional
20 l Conduct to the State Bar of Arizona for review and disciplinary action,
21 c. Impose its own sanction upon Brenden for his deliberate attempt to compromise this
22 Court’s integrity and honor.
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Q Case 2:03-cv—O2119-NVW Document 65 2 Filed 10/O3/2005 Page 2 of 3

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2 RESPECTFULLY SUBMITTED this 3"1 day of OCTOBER 2005.
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4 By gui!
5 Scott M. McNair, Plaintiff Pro Se
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7
8 ORIGINAL and COPY FILED with:
9 Clerk ofthe Court
United States District Court
10 District of Arizona
Sandra Day O'Connor U.S. Courthouse
1] 401 W. Washington Street, Suite 130
Phoenix, AZ 85003-2118
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13 COPY ofthe forgoing HAND-DELIVERED to:
14 Office of the Maricopa County Attomey
Attn: Dan Brenden
15 222 North Central Avenue, Suite 1100
Phoenix, Arizona 85004
I6 (Counsel for Defendants: Maricopa County, Mediin, Peterson, & Ramsey)
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18 COPY of the forgoing MAILED to
19 Jones, Skelton & Hochuli, P.L.C.
Attn: Eileen Dermis Gi1Bride
20 2901 N. Central Avenue, Suite 800,
Phoenix, Arizona 85012,
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Case 2:03-cv-02119-NVW

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