court document: Request for Continuance from 17 September 2019 hearing

20190916.0846.request.for.continuance.filed.pdf

"Defendant objects to any hearing presided by Judge Paul Hardison and/or involving Jeffrey L. Miller, because Jeffrey L. Miller continues to lie about material facts and the law, the Judge Paul Hardison allows it and then repeats those lies and issues Orders based on them, all of which prejudice against the Defendant. Defendant requests a hearing on this Request for Continuance in front another Judge who does not repeat Mr. Millers lies."

filed email: Communication to Judge Hardison about 17 September 2019 hearing

20190916.0846.email.to.judge.hardison.filed.pdf

https://grodnermiller.blogspot.com/2019/09/grodner-v-grodner-13-cvd-398.html


========================================

From: Andrew Grodner <agrodnercase@gmail.com>
Date: Mon, Sep 16, 2019 at 8:03 AM
Subject: Grodner v Grodner (13-CVD-398): Communication to Judge Hardison about 17 September 2019 hearing
To: Robin Bright <robin.bright@nccourts.org>, Hartzog, Megan L. <Megan.L.Hartzog@nccourts.org>, Brown, Kay <Kay.A.Brown@nccourts.org>, Brown, Kay <Kay.Brown@nccourts.org>, <paul.a.hardison@nccourts.org>
Cc: Jeff Miller <jeff@millerandaudino.com>, Sandra Worthington <sandra@millerandaudino.com>, Bland, Connie H. <connie.h.bland@nccourts.org>, Toomey, Debra K. <Debra.K.Toomey@nccourts.org>, Ray, Nancy S. <Nancy.S.Ray@nccourts.org>, Perkins, Patricia W. <Patricia.W.Perkins@nccourts.org>, Ruffin, Sandra B. <Sandra.B.Ruffin@nccourts.org>, Page, Sarah A. <Sarah.A.Page@nccourts.org>, Hausle, Vonda C. <Vonda.C.Hausle@nccourts.org>, Carreno, Yari V. <Yari.V.Carreno@nccourts.org>, Lisa Fornes <lisa.r.fornes@nccourts.org>, Williams, Mona N. <Mona.N.Williams@nccourts.org>, <sara.f.rhodes@nccourts.org>

(DISCLAIMER: this email is sent pursuant to 25 June 2019 order of the NC Court of Appeals in case P19-308 granting me Writ of Supersedeas  (http://grodnerdivorce.blogspot.com/2019/06/p19-308-coa-order-allowing-writ-of.html), which allows me to communicate without any restrictions with any entities necessary regarding appeal of the 8 May 2019 Order (http://grodnerdivorce.blogspot.com/2019/05/court-document-gatekeeper-order-3.html).)     

Ms. Bright, Ms. Hartzog, Ms. Brown, or anyone else who may be of assistance,

Please communicate this message IMMEDIATELY to Judge Hardison regarding 17 September 2019 hearing (tomorrow). I also reach out to him in part in the the spirit of the North Carolina Rules of Appellate Procedure – Codified 11 September 2019 (https://www.nccourts.gov/assets/inline-files/North-Carolina-Rules-of-Appellate-Procedure-Codified-11-September-2019.pdf) which states that "[e]ach party shall promptly provide to the judge a reference copy of the record items, amendments, or objections served by that party in the case" (NCRAP, page 33 line 27).  

(1) I have only been served with the Notice of Hearing today and thus I seek continuance since I am not ready but also because of Mr. Miller whom I expect to be present and his presence continues to be prejudicial towards me since he provides false statements to the Court;

(2) I have sent email to Mr. Miller regarding response to his Objections (see attached) and I will try to prepare it in the form of formal Response. But I hope that sometime today I will receive response from Mr. Miller and we can settle some, if not all issues;

(3) Do we also have a hearing on Motion to Clarify which I filed on 5 September 2019 (http://grodnerdivorce.blogspot.com/2019/09/official-document-motion-to-clarify-8.html)? It is critical for my appeal and I anticipated that we will be hearing it during the time we discuss the record but I was waiting for some response from Mr. Miller which never happened.

This email is copied on to Jeffrey L. Miller and is going to be filed with the trial Court at my earliest convenience. I request to have it included in the filed Record on Appeal with COA.

 

Respectfully,

Andrew Grodner

================
Andrew Grodner
mailing address: PO Box 3571, Greenville, NC 27836
e-mail: agrodnercase@mail.com
cell: 252-558-3040
case blog for Grodner v Grodner (2013): http://grodnerdivorce.blogspot.com/
maintained blog for Cannon v Miller (1982): http://cannonmiller.blogspot.com/

NOTICE: If you have received this message by mistake please let the sender know by e-mail reply and delete it from your system. If you have any concerns regarding receipt of this email or its content, please contact the sender immediately. Your lack of prompt response to this request automatically means that you do not have any issues with this communication. If verification is required please request a hard-copy version via US Mail: Andrew Grodner, PO Box 3571, Greenville NC, 27836.

DISCLAIMER: any correspondence sent-to/received-from email address jeff@millerandaudino.com is publicly available and automatically posted upon sending/receipt at: http://grodnermiller.blogspot.com/. However, just inclusion of that email address in the subject/body of the email does NOT cause posting and the correspondence remains private even though NOT confidential unless explicitly stated otherwise.

WARNING: The opposing counsel in this case, attorney Jeffrey L. Miller has been exposed as a liar during 7 March 2019 hearing because, among many other lies, he lied about improper ex-parte communication with Megan Hartzog and Judge Teague on 8 January 2019 regarding filing and preparation of the Order to recuse Judge Braddy: http://grodnerdivorce.blogspot.com/2019/03/court-hearing-3719-full.html. See select and incomplete list of some of his false statements: https://grodnerdivorce.blogspot.com/p/false-statements-by-jeffrey-l-miller.html. Therefore, anything and everything he writes may be false and your belief in his lies may result in you engaging in improper conduct and/or you committing illegal acts, similarly to the improper conduct by Kay Brown, Megan Hartzog, and Judge Galen Braddy, among others. This warning is related to Jeffrey L. Miller, BAR no. 6765: https://www.ncbar.gov/gxweb_if/wpViewMember.aspx?6765.) 
===============

FORWARDED EMAIL SENT EARLIER TO MR. MILLER

---------- Forwarded message ---------
From: Andrew Grodner <agrodnercase@gmail.com>
Date: Mon, Sep 16, 2019 at 7:43 AM
Subject: Grodner v Grodner (13-CVD-398): Initial response to Mr. Miller's Objections to Proposed Record on Appeal
To: Jeff Miller <jeff@millerandaudino.com>
Cc: Sandra Worthington <sandra@millerandaudino.com>

(DISCLAIMER: this email is sent pursuant to 25 June 2019 order of the NC Court of Appeals in case P19-308 granting me Writ of Supersedeas (http://grodnerdivorce.blogspot.com/2019/06/p19-308-coa-order-allowing-writ-of.html), which allows me to communicate without any restrictions with any entities necessary regarding appeal of the 8 May 2019 Order: http://grodnerdivorce.blogspot.com/2019/05/court-document-gatekeeper-order-3.html)   

Dear Mr. Miller,

I reach out to you in the spirit of the North Carolina Rules of Appellate Procedure – Codified 11 September 2019 (https://www.nccourts.gov/assets/inline-files/North-Carolina-Rules-of-Appellate-Procedure-Codified-11-September-2019.pdf) which states that "parties are strongly encouraged to reach agreement on the wording of statements in records on appeal" (NCRAP, page 33 line 4). 

Here is my initial response to your 3 September 2019 Objections (http://grodnerdivorce.blogspot.com/2019/09/court-document-plaintiff-appellees.html). I have just learned that apparently we have a hearing tomorrow (seems like Notice of Hearing was mailed on Wednesday but I only saw it today). I will also seek continuance because of your presence which is prejudicial towards me and because I am not ready for a hearing since I have just been served with the Notice of Hearing.

Regarding paragraphs (1), (2), and (3), they should be disregarded by presiding judge because you ask exclusion of documents on the basis that they are "unnecessary for an understanding of the issue" on appeal but NC Rules of Appellate Procedure Rule 11(c) is pretty explicit that this is NOT what the judge is expected to do:

The functions of the judge in the settlement of the record on appeal are (...) not to decide whether material desired in the record by either party is relevant to the issues on appeal, nonduplicative, or otherwise suited for inclusion in the record on appeal. (NCRAP, page 33 line 28-34).

Regarding paragraph (4) please cite what specific emails you have problem with and the legal basis on which you object to their inclusion. To the best of my understanding there is nothing preventing you or me to include emails, especially if they are materials "submitted for consideration" (such as proposed Order), or to include emails exchanged after the Order has been filed.

Regarding paragraph (5) please remind me if you have submitted ANY evidence regarding denial of my Request for Continuance which is currently the only Order mentioned in the issue on appeal. To the best of my understanding you have not filed cross-appeal, or appealed Rule 59 or Gatekeeper Orders. Thus, I did not include any of your evidence (a lot of it is actually documents already in the file). As a reminder, here is the single issue on appeal as presented in the proposed record:

1. The District Court abused its discretion in denying Defendant’s Request for Continuance when it ignored evidence of willful and knowing false statements of material fact by Jeffrey L. Miller and thus deliberately allowed Jeffrey L. Miller to continue providing false statements, which he did during and after the hearing, and when Honorable Judge Paul Hardison also provided false statements of material fact, misquoted statutes and case law, in a showing of either ignorance or incompetence or both, thus invalidating the entire Order from 8 March 2019 due to systematic and deliberate favoritism of Jeffrey L. Miller leading to prejudice against the Defendant.

(Proposed Record p. 540, 

http://grodnerdivorce.blogspot.com/2019/08/official-document-proposed-record-on.html)

Regarding paragraph (6), the verbatim transcript is an exhibit in my "Rule 8C-1.201 / 1A-1.58 Motion" (http://grodnerdivorce.blogspot.com/2019/03/court-document-filed-rule-8c-1201-1a.html) that you have been aware of it since 15 March 2019 and is included in the Proposed Record on Appeal on pages 329-399 (http://grodnerdivorce.blogspot.com/2019/08/official-document-proposed-record-on.html). Due to time limitations and other obligations I did not manage to make any corrections so it is the same document you have seen for almost six months.  You have also formally received an email from the transcription services on 28 August 2019, before you filed your Objections - see below.

I also want to mention that I noticed at least one document that is missing which I would need to mention in my brief and I wonder if you have any objection to it: a document filed by Kay Brown on behalf Judge Braddy entitled "Defendant's email Request to Recuse G. Galen Braddy, District Court Judge" (http://grodnerdivorce.blogspot.com/2018/12/court-document-emails-request.html). If you object then we will include it in the Supplement but I would prefer it to be in the printed record.

Note that "the objecting party is permitted to have inserted in the settled record on appeal a concise counter-statement" (NCRAP, page 33 line 3-4), which I will include after my statement. it will reflect that you had objections and that there was request for settlement of record on appeal.

Andrew Grodner

================

Andrew Grodner
mailing address: PO Box 3571, Greenville, NC 27836
e-mail: agrodnercase@mail.com
cell: 252-558-3040
case blog for Grodner v Grodner (2013): http://grodnerdivorce.blogspot.com/
maintained blog for Cannon v Miller (1982): http://cannonmiller.blogspot.com/

NOTICE: If you have received this message by mistake please let the sender know by e-mail reply and delete it from your system. If you have any concerns regarding receipt of this email or its content, please contact the sender immediately. Your lack of prompt response to this request automatically means that you do not have any issues with this communication. If verification is required please request a hard-copy version via US Mail: Andrew Grodner, PO Box 3571, Greenville NC, 27836.

DISCLAIMER: any correspondence sent-to/received-from email address jeff@millerandaudino.com is publicly available and automatically posted upon sending/receipt at: http://grodnermiller.blogspot.com/. However, just inclusion of that email address in the subject/body of the email does NOT cause posting and the correspondence remains private even though NOT confidential unless explicitly stated otherwise.

WARNING: The opposing counsel in this case, attorney Jeffrey L. Miller has been exposed as a liar during 7 March 2019 hearing because, among many other lies, he lied about improper ex-parte communication with Megan Hartzog and Judge Teague on 8 January 2019 regarding filing and preparation of the Order to recuse Judge Braddy: http://grodnerdivorce.blogspot.com/2019/03/court-hearing-3719-full.html. See select and incomplete list of some of his false statements: https://grodnerdivorce.blogspot.com/p/false-statements-by-jeffrey-l-miller.html. Therefore, anything and everything he writes may be false and your belief in his lies may result in you engaging in improper conduct and/or you committing illegal acts, similarly to the improper conduct by Kay Brown, Megan Hartzog, and Judge Galen Braddy, among others. This warning is related to Jeffrey L. Miller, BAR no. 6765: https://www.ncbar.gov/gxweb_if/wpViewMember.aspx?6765.) 
===============

---------- Forwarded message ---------
From: Lindsey Walston <lindsey@ruffinconsultinginc.com>
Date: Wed, Aug 28, 2019 at 1:01 PM
Subject: Grodner vs. Grodner 13 CVD 398 (Cert. of Delivery)
To: <jeff@millerandaudino.com>, Andrew Grodner <agrodnercase@gmail.com>

Dear Mr. Miller and Mr. Grodner,

Attached please find the Certificate of Delivery for your filing of appeal. Please note that since our office has recently been closed and our policies have changed per our new company, we will not be sending a letter to the Clerk of Court for Pitt County. But it will be uploaded to the court of appeals once we have a docket number.

Mr. Miller, since we have been acquired by Huseby, if you should you need a copy of the transcript please contact support@huseby.com, or 1-800-333-2082, ext. 6001 and reference job number 234670.

Should you need anything further, please let me know.  

Respectfully,

Lindsey Walston

Intake Specialist

Huseby Global Litigation (formerly Ruffin Consulting)