============
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, )
) VERIFIED
RULE 8C-1.201
)
AND
vs. )
RULE
1A-1.58 MOTION
)
ANDRZEJ GRODNER, )
(now Andrew Grodner) )
Defendant, )
_________________________________)
NOW COMES the Defendant, Andrzej Grodner, represented pro
se, and pursuant to N.C. Gen.Stat. § 8C-1, Rules 201(d)(f) respectfully
requests a hearing on the issue of taking judicial notice of adjudicative facts
necessary for preparation of proposed Order related to 7 March 2019 hearing and
presided by Honorable Judge Paul Hardison in Pitt County District Court, and
pursuant to N.C. Gen.Stat. § 1A-1, Rule 58 requests for disqualification of
attorney for Plaintiff, Jeffrey L. Miller, from preparation of the proposed
Order because he plans to misrepresent statements of the Court which prejudices
the Defendant and conflicts with the general mandate of this Court to
administer justice. In support hereof, Defendant shows:
- N.C. Gen.Stat. § 8C-1, Rule 201.Judicial notice of adjudicative facts states:
(a) Scope
of rule. – This rule governs only judicial notice of adjudicative facts.
(b) Kinds
of facts. – A judicially noticed fact must be one not subject to reasonable
dispute in that it is either (1) generally known within the territorial
jurisdiction of the trial court or (2) capable of accurate and ready
determination by resort to sources whose accuracy cannot reasonably be
questioned.
(c) When
discretionary. – A court may take judicial notice, whether requested or not.
(d) When
mandatory. – A court shall take judicial notice if requested by a party and
supplied with the necessary information.
(e) Opportunity
to be heard. – In a trial court, a party is entitled upon timely request to an
opportunity to be heard as to the propriety of taking judicial notice and the
tenor of the matter noticed. In the absence of prior notification, the request
may be made after judicial notice has been taken.
(f) Time
of taking notice. – Judicial notice may be taken at any stage of the
proceeding.
(g) Instructing
jury. – In a civil action or proceeding, the court shall instruct the jury to
accept as conclusive any fact judicially noticed. In a criminal case, the court
shall instruct the jury that it may, but is not required to, accept as
conclusive any fact judicially noticed. (1983, c. 701, s. 1.)
2.
Defendant files this
motion within the time limits allowed by the N.C. Gen.Stat. § 8C-1.201(f) and
he provides necessary information herein as required by N.C. Gen.Stat. §
8C-1.201(g) for this Court to take judicial notice of adjudicative facts which
are "not subject to reasonable dispute in that (...)" they are
"(2) capable of accurate and ready determination by resort to sources
whose accuracy cannot reasonably be questioned," as required by N.C.
Gen.Stat. § 8C-1.201(g).
3.
Defendant provides the
proposed Order sent by Jeffrey L. Miller to the Defendant on 10 March 2019 and
12 March 2019 (identical copies), as Exhibit (A). It includes sixty four
(64) findings of fact, most of which describe false or irrelevant statements
regarding adjudicative facts or their misrepresentations, as proposed by
Jeffrey L. Miller.
4.
Proposed Order in part
states:
FINDING OF FACT (55) (...) Other than the
Defendant's persistent personal statement that Mr. Miller was a liar, the
Defendant presented no evidence to support his statements or claims or to
support to any entitlement to any form of relief. The exhibits presented by
Defendant do not prove that Mr. Miller made any false representations or
statements to this or any other Court. (...) There is no evidence Mr. Miller
lied to anyone or had ex parte contact with Judge Teague. The evidence
indicates that the Court finds Mr. Miller did not lie or make
misrepresentations to the Court and he did not have ex parte contact with Judge
Teague.
5.
Defendant provides Exhibits
(B)(C)(D)(E)(F)(G), which were introduced in Court by the Defendant as
Exhibits (1)(2)(3)(4)(5)(6), that demonstrated that Jeffrey L. Miller lied
about his ex parte communication with Judge Teague. Jeffrey L. Miller confirmed
in open court that he was the sender of those emails.
6.
Defendant provides Exhibits
(H)(I), which were introduced in Court by the Defendant as Exhibits (7)(8),
that demonstrated that Jeffrey L. Miller had ex parte communication with Judge
Teague. During 7 March 2019 Honorable Judge Hardison allowed Jeffrey L. Miller
to review Exhibits (7)(8) before they were introduced into evidence. At no
point Jeffrey L. Miller objected or otherwise questioned the fact that those
emails described his actual ex parte communication with Judge Teague.
7.
The NC case law
established that that a court may take judicial notice of a fact if it is an
indisputable adjudicative fact; however, a court may not take judicial notice
of a disputed question of fact. Hinkle v. Hartsell, 131 N.C. App. 833,
836, 509 S.E.2d 455, 458 (1998).
8.
Defendant requests that
this Court takes judicial notice of adjudicative fact that:
Defendant presented evidence to support his
statements or claims that Jeffrey L. Miller had ex parte communication with
Judge Teague.
9.
Defendant provides
transcript of the part of 7 March 2019 hearing pertinent to the discussion of
whether Mr. Miller lied or made misrepresentations to the Court as Exhibit
(J). At no point the Court made any direct or indirect statement regarding
whether Mr. Miller lied or made misrepresentations to the Court.
10.
Defendant provides email
sent from the Defendant to Jeffrey L. Miller on 11 March 2019 at 12:40 AM as Exhibit
(K), where the Defendant informed Jeffrey L. Miller that both the audio of
the 7 March 2019 hearing and introduced Exhibits (1)-(9) had been posted and
were publically available for his review at his convenience on the following
webpage: http://grodnerdivorce.blogspot.com/2019/03/court-hearing-3719-full.html.
11.
Defendant requests that
this Court takes judicial notice of adjudicative fact that:
Honorable Judge Hardison refused to determine
whether Jeffrey L. Miller lied or made misrepresentations to the Court.
12.
Defendant provided
evidence herein that Jeffrey L. Miller intends to submit a proposed Order
regarding 7 March 2019 hearing which include false statements regarding
adjudicative facts.
13.
On 14 March 2019 at
10:01 AM Defendant requested in an email that Jeffrey L. Miller take corrective
action and apologizes to the Defendant for his defaming statements directly
related to the adjudicative facts described herein, provided by Exhibit (M).
In his email response on 15 March 2019 at 11:17 AM Jeffrey L. Miller again
denied adjudicative facts in question even though he did not deny them during 7
March 2019 hearing; email provided by Exhibit (N).
14.
Therefore because
Jeffrey L. Miller he demonstrated that he will never contemplate taking
corrective action and therefore he will never be truthful to the Defendant or
the Court even if presented with uncontested evidence of adjudicate facts,
there is no remedy available to this Court other than him being disqualified as
one of the authors of the proposed Order.
15.
Because Jeffrey L.
Miller plans to abuse the designation given to him by Honorable Judge Hardison
to prepare proposed Order, pursuant to N.C. Gen.Stat. § 1A-1, Rule 58 the
Defendant requests that this Court disqualifies Jeffrey L. Miller from
preparation of the proposed Order regarding 7 March 2019 hearing.
WHEREFORE, Defendant
respectfully requests the Court to enter an Order taking judicial notice of
aforementioned adjudicative facts determined during 7 March 2019 hearing and to
disqualify Jeffrey L. Miller from being involved in preparation of the proposed
Order because he already plans to provide false statements regarding numerous
adjudicative facts.
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 BY US 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
