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

1 James M. McGee, Esq. 2 Attorney at Law State Bar No. 011931 3 P.O. Box 460 Cottonwood, Arizona 86326 4 Telephone: 928.639.4747 FAX: 928.639.2190 5 6 Attorney for Defendants Home Mortgage, Inc., Carl Brown, Molly Brown 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiffs' Counsel's approach to this case is getting OLD. The issue of vs. HOME MORTGAGE, INC., an Arizona corporation conducting business in Arizona; CARL BROWN; MOLLY BROWN; GREG BROWN; JANE DOE BROWN; DOES 1-10; XYZ CORPORATIONS; BLACK PARTNERSHIPS; DEFENDANTS. IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA CATHLEEN CHANNEL; THERESA WHARRY; STACIE HANSON; MONIQUE NICHOLS; PLAINTIFFS, NO.: CV2003-0100 REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION IN LIMINE

21 "continued failure to use the District Court's electronic filing system [having] caused 22 23 24 25 pleadings. Back-up filings by FAX and mailings to Court and Counsel were made within the deadline set by the Court. Defendants cannot control the weather and Defendants' motion in limine to be untimely" has been addressed in subsequent

26 lightning strikes to the power and phone grid frying our main computer, resulting in 27 almost 5 (five) days of repairs. If that is the only thing that Plaintiffs' Counsel can 28 stress to obviate Defendants' filing, then he is grasping at straws at this late hour. Case 2:03-cv-00100-ROS-MEA Document 165 Filed 08/13/2007 Page 1 of 4

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Also, Plaintiffs' Counsel assertion that "The Court's order of June 20, 2007,

2 specifically requested the parties to, in filing motions in limine, cite relevant legal 3 authority", is nonsense. Counsel-undersigned has been through that Order for

4 various reasons over probably a dozen times, and so has my paralegal, and we do 5 6 7 8 authority" is RELEVANCE. F.R.E. 401, 402, 403; plain and simple. The wealth of the Browns is IRRELEVANT. This Court should not be NOT find that language, especially the "specifically" part. The "relevant legal

9 contaminated by Mr. Shield's continued references to "Defendants' terrific wealth." 10 Money is money. A judgment is a judgment. If and when the Plaintiffs obtain a 11 12 13 14 IRRELEVANT. Such documentation has NEVER been provided by Plaintiffs and judgment, they can try to enforce it however they see fit. Any commission agreements, at this stage of proceedings, should also be

15 should be excluded from evidence as not timely disclosed. This case has been in 16 litigation for almost 5 (five) years. One would think that any "commission

17 agreements" should have been disclosed by now, since they would serve as the only 18 19 20 21 which Carl I. Brown and Molly S. Brown had nothing to do with on a day-to-day basis. And, the Plaintiffs let the real bad guy, L. Gregory Brown, off the hook, WITH proof of Plaintiffs' claims. The judgment was obtained against a defunct entity with

22 PREJUDICE. 23 The use of corporate aircraft is also IRRELEVANT. Molly S. Brown has already

24 testified under oath that any expenses for personal reasons for use of that aircraft 25 26 27 a commercial pilot, it is no secret that there are literally thousands of corporations nationwide that own aircraft and the Officers, Directors and Shareholders often use Case 2:03-cv-00100-ROS-MEA Document 165 2 Filed 08/13/2007 Page 2 of 4 were REIMBURSED to the corporation, as it existed at the time. As the undersigned is

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them for personal use, whether reimbursed or not. Why Mr. Shields has continued to

2 harp on this point is unknown other than to portray the Browns as a couple of "jet3 setters" (in an aircraft that isn't even a jet). As far as Defendants' are concerned this 4 is a NON-ISSUE, and should be disregarded by the Court. 5 6 7 8 9 10 Original e-filed, e-mailed and mailed, this 13th day of August, 2007 to: 11 12 Clerk-U.S. District Court 13 Roslyn O. Silver, U.S. District Judge 14 James Burr Shields 15 Law Office of James Burr Shields 382 East Palm Lane 16 Phoenix, Arizona 85004-1531 17 Clients 18 19 20 21 22 23 24 25 26 27 Case 2:03-cv-00100-ROS-MEA Document 165 3 Filed 08/13/2007 Page 3 of 4 /s/James M. McGee JAMES MATHEW MCGEE Attorney for Defendants RESPECTFULLY SUBMITTED this 13th day of August, 2007.

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1 2 3 4 5 6 7 8 9 To: JAMES BURR SHIELDS LAW OFFICE OF JAMES BURR SHIELDS

James M. McGee Attorney at Law Lt.Col., USMC, Ret'd P.O. Box 460 Cottonwood, Arizona 86326 Telephone: 928.639.4747 Facsimile: 928.639.2190

Facsimile Transmittal
Fax: 602.307.0784 602.307.0780

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From: Re:

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James M. McGee

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Date: Pages:

13 AUGUST 2007

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STREET ADDRESS

1 Please Reply

Urgent X For Review

Please Comment

15 know that. Therefore, I will never, ever give you our street address especially in light of your 16 Flagstaff. For me to have to usher everyone in our camp out of the courtroom to avoid your 17 18 19 20 21 22 23 24
verbal and physical onslaughts, emphasizes my point. You can send whatever you have, timely or not, to our P.O. Box. The Post Office has ample storage space and they can deliver to the house if they don't. I check my mail once a day after it is sorted, sometimes twice. After checking the Court's website I see that you DID mail documents to me (Document 162) after all, on the same day! What was so hard about that? What kind of cat and mouse BS are you playing? And, why can't you pick up the telephone for a courtesy call? And, why are you engaging all of a sudden in this FAX coversheet nonsense? If you want to litigate this case that way over the FAX machine, then a copy of this one and yours will be filed with the Court. I told you early on I was not going to litigate this case over e-mail; I certainly will not over the FAX machine except out of courtesy. So, file your documents and I will file mine, just don't change the format anymore so that we cannot retrieve or object. The Court will decide what is or isn't relevant. The U.S. Mail works just fine. Your latest filing of Document 163 is indicative of your continued disingenuous. We never had an opportunity to object to it. aggressive behavior to me, to my wife, my clients and corporate counsel at the Mediation in

Mr. Shields: I have your fax of August 7, 2007. My wife and I work out of our home and you

25 If you do not receive all of the pages transmitted contact Tina McGee at (928) 639-4747. 26 EXHIBIT "A"

CONFIDENTIAL
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