STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
COUNTY OF PITT DISTRICT COURT DIVISION
FILE NO.: 13 CVD 398
HUNTER F. GRODNER, )
(now Hunter Summerlin) )
Plaintiff, )
) MOTION TO REMOVE
vs. ) OPPOSING COUNSEL
)
ANDRZEJ GRODNER, )
(now Andrew Grodner) )
Defendant, )
________________________________)
NOW COMES the Defendant and pursuant to North Carolina Rules of Professional Conduct (N.C.R.P.C.) Rule 4.1. moves the Court to remove opposing, Jeffrey L. Miller, from the above captioned case because he has been unwilling to knowingly not make a false statements of material fact which irreparably harm both parties in this matter. Defendant shows the Court the following:
- Counsel for Plaintiff, Jeffrey L. Miller, is an attorney licensed to practice law in the State of North Carolina, Bar No. 6765. He has been retained by the Plaintiff on or about 25 February 2013 when she served the Defendant with Civil Summons and Complaint in divorce and child custody matter.
- Defendant is currently pro se litigant who on 22 December 2015 filed his Limited Notice of Appearance and on 3 July 2018 filed his Notice of General Appearance.
- N.C.R.P.C. Rule 4.1. Truthfullness in Statement to Others states: "In the course of representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person."
- In violation of N.C.R.P.C. Rule 4.1., On 11 October 2018 Jeffrey L. Miller transmitted electronic communications to Defendant which in part stated "If you send me another text or e-mail communication I plan to contact law enforcement. Any further communications with me should be in writing in the form of a letter or formal court document" (11:38am), and later: "I am delivering your text messages to law enforcement. I am also reminding you to stop texting or e-mailing me" (12:49pm).
- Jeffrey L. Miller's statements are false because 13 December 2016 Order to Withdraw in part explicitly states: "Mr. Grodner is able to communicate directly with Mr. Miller via email only" (original emphasis).
- Jeffrey L. Miller's statements are of material fact because his unwillingness to comply with 13 December 2016 Order prevents parties from communicating with each other and thus makes it impossible to abide by any court Order in the case.
WHEREFORE, Defendant prays the Court to remove opposing, Jeffrey L. Miller, from the above captioned case.
This is the .... day of ................... (month), ........................ (year)
____________________________
Andrzej Grodner, pro se
(currently Andrew Grodner)
P.O. Box 3571
Greenville, NC 27836
(252) 558 3040
email: agrodnercase@gmail.com
Sworn to and subscribed before me this
.... day of ................... (month), ........................ (year)
(Official Seal) ____________________________
Signature of Notary Public
____________________________
Printed Name of Notary Public
My commission expires: _________________
CERTIFICATE OF SERVICE
I, Andrzej Grodner, Defendant in the cause, do hereby certify that the foregoing was served upon all parties via email delivery per ORDER TO WITHDRAW entered on December 13, 2016 and by depositing in a post office or official depository under the exclusive care and custody of the United States Postal Service a copy of the same in a postage prepaid envelope properly addressed to counsel of record of the parties as follows:
VIA EMAIL AND POSTAL MAIL
Mr. Jeffrey Miller, Esq.
Email address: jeff@millerandaudino.com
US Postal address: 2510 E. 10th Street
Greenville, NC 27858
This is the .... day of .................. (month), ................. (year)
____________________________
Andrzej Grodner, pro se
(currently Andrew Grodner)
P.O. Box 3571
Greenville, NC 27836
(252) 558 3040
email: agrodnercase@gmail.com
