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Monday, January 07, 2019

court hearing: Hearing on Court's Motion to Recuse Judge Braddy pursuant to Defendant's email

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Transcript

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STATE OF NORTH CAROLINA       IN THE GENERAL COURT OF JUSTICE
                                                                                  CIVIL DISTRICT COURT
COUNTY OF PITT                            FILE NO. 13 CVD 398

_________________________
                                         ]
HUNTER GRODNER (Now      ]
Hunter Summerlin),       ]
         Plaintiff            ]
                            ]         T R A N S C R I P T
     v.                     ]          
                            ]         V O L U M E  I  O F  I
ANDRZEJ GRODNER (Now     ]
Andrew Grodner),         ]           
         Defendant.           ]
                                             ]       

The above-captioned case coming on for hearing on January 7,
2019, in the Civil District Court of Pitt County, Greenville,
North Carolina, before the Honorable Lee Teague, Judge Presiding, the following proceedings were had, to wit:
 A P P E A R A N C E S:
    Plaintiff:         Jeffrey Miller
                       Miller & Audino, LLP
                       2510 E. 10th Street
                       Greenville, NC 27858
                       (252) 364-8929

    Defendant:         Andrzej Grodner, pro se
                       Greenville, NC

                       Anna Davis, Assistant Attorney General
                       North Carolina Department of Justice
                       9001 Mail Service Center
                       Raleigh, NC 27699-9001
                       (919) 716-6400


    TRANSCRIPT PREPARED BY:      Ruffin Consulting, Inc. 
Litigation Support Services
1815 Forest Hills Road West
Wilson, NC 27893
(252) 243-9000
www.RuffinConsulting.com  
 DATE REQUESTED:              DATE DELIVERED:           

Table of Contents


HEARING RESUMES IN THE SUMMERLIN CASE WITH

          THE HONORABLE LEE TEAGUE, JUDGE PRESIDING
          CLERK:  VONDA C. HAUSLE
          BAILIFF:            Oh, yes, oh, yes, oh, yes. 
This Honorable Court in the County of Pitt is now open and sitting for the regular dispatch of business with the Honorable Judge Lee Teague, Judge Presiding.  May God save this State and this Honorable Court.  You may be seated.
          THE COURT:          Thank you, Mr. Sheriff.  Good
morning, folks.  Ms. Davis.
          MR. MILLER:         Good morning, Judge.
          MS. DAVIS:          Good morning, Your Honor.
          THE COURT:          Good morning, Mr. Miller.
          MS. DAVIS:          (inaudible)            THE COURT:          Yes, ma’am.
          MS. DAVIS:          There you are.  Nice to see
you, sir.
          THE COURT:          Nice to see you.
          MS. DAVIS:          (inaudible)
          THE COURT:          I think I understand you may
have come for no reason.
          MS. DAVIS:          It’s possible, but ---

          OPENING STATEMENT BY MR. MILLER:

          MR. MILLER:         Judge, I don’t know - I was
just telling the Attorney General that I received an e-mail -


got it Sunday morning.  It was offered at 10:38 Saturday night.
          THE COURT:          I think that was filed.  Or
rephrase that.  That was ---
          MR. MILLER:

He said (inaudible) ---
THE COURT:

--- given to family court.
MR. MILLER:

--- he said he had filed
something that – it was Saturday was the date on the paperwork, so I knew he hadn’t filed anything, but the - the e-mail that I - I got, that I think that was attached to, was that late Saturday night that I got Sunday morning, and it indicated he was gonna withdraw his subpoenas and there was a notice he was filing withdrawing his subpoenas.
                              THE COURT:          I have - I do have ---
(background)
                              THE COURT:          --- four notice of withdrawal
subpoenas filed this morning ---
                              MR. MILLER:         Okay.
                              THE COURT:          --- along with some e-mails
that are filed, as well.  That may be the late – the most late – the most recent was 11:40 Sunday morning.
                              MR. MILLER:         Right.  That may be the
response to my e-mails back to him about ---
                              THE COURT:          All right.  It looks like
something you sent 6:30 Sunday morning?

MR. MILLER: 
That’s probably right.

THE COURT:      
6:34 to be exact.

MR. MILLER:     
Probably right.
-
THE COURT:      
And Ms. Brown sent something --
Sunday.
MR. MILLER:     
(inaudible) a lot of people on

UNKNOWN MALE: 
I can vouch for it.

THE COURT:      
Do we – have you seen
Mr. Grodner this morning?
MR. MILLER: 
I have not.
          UNKNOWN FEMALE:
morning.
He was in our office this
          THE COURT:      
Yeah, I assume it was at 8:06.
          MR. MILLER: 
He’s usually prompt
(inaudible).  I mean, I-I (inaudible) and he was here 20 minutes ahead of time.  So ---
          THE COURT:          All right.  I did have one
other thing - matter I could do, if you don’t mind.
          MR. MILLER:       Judge, I don’t know - there was
a recusal issued and I - I don’t know how you want to address that or what you want to do about that.  If you want to wait and see if he shows up?
          THE COURT:

Yeah.
          MR. MILLER:

I – I - I thought because of
the way things were done and what was said - heard today that the subpoena had to recuse (inaudible).  His e-mail indicates that he intended his subpoena to have to do with that Rule 59 motion that he filed and, so, I – I guess the recusal issue is still before the Court.
          THE COURT:          It’s my understanding that’s
the only thing before this particular court.
          MR. MILLER:         That’s-that’s true.  That’s-
that’s what I was advised by family court.
          THE COURT:          Right.
          MR. MILLER:       And I-I don’t know how you want
to address that, if you want to wait a little while to see if he shows up.
          THE COURT:          I have one other matter I can
do.  It won’t take very long.  Your name’s not on the calendar, Mr. (inaudible), for that, so you’re not here ---            UNKNOWN MALE:       I’m just here to harass
Mr. Miller.
          THE COURT:          All right.
          9:04:15 A.M. – PAUSE IN PROCEEDING
        9:25:25 A.M. – PROCEEDING RESUMES FOR THE SUMMERLIN
CASE WITH THE HONORABLE LEE TEAGUE, JUDGE PRESIDING
          CLERK:  VONDA C. HAUSLE

          STATEMENT BY MR. MILLER:

          MR. MILLER:    Sir, I don’t know what you feel like you want to have other than a statement of factual basis or what would be factual basis from documents that are in the record, including the e-mails that had been produced, in my statement (inaudible) the Court of-of what’s going on.  Andand maybe – no matter how we do this, Judge, it’s gonna be written about in a different way and it’s just something we’ve gotten accustomed to (inaudible).  So, if-if-if the idea is everybody’s gonna be recused here, I just want the record to be clear that it is not as a result of anything my client or I have done or anything that nature and exactly what the provoking facts are - or factors are that justify this Court to decide to recuse.  But I would say on the record that I don’t have a stake in who the judge is who is assigned to the case or hears the case at all.  I do have a number of motions that are pending.  One of them is to stop this guy from sending e-mails, and I-I tried to get it put on this session, but they wouldn’t put it on.  And there are other motions that have come up since then and will come up subsequently so, you know, I-I don’t want to get in a position where I’m stuck with this guy for three or four months at a time.  And I didn’t know what anybody’s intention would be or if there’s anybody here still (inaudible) that feels like despite what’s happened within family court; despite what’s happened with the chief district court judge, that they instill (inaudible) and, of course, I-I was satisfied that you were going to hear it, but I didn’t know what anybody else felt about that.  So, that’s kind of my position and my concern is that the order reflect accurately what happened.  So, whatever the facts are that the Court finds appropriate (inaudible), so.
          THE COURT:          All right.  Well, I think I –
I’ll call 13 CVD 398.  The matter of – is it Hunter Summerlin versus Andrew Grodner?  Is that right?
          MR. MILLER:         Yes, sir.

          DISCUSSION AS TO MOTION TO RECUSE JUDGE BRADDY: 

          THE COURT:          Okay.  Let the record reflect
that – and, Mr. Miller, correct me if I’m wrong – but through – over the past few months, e-mails have been sent by the defendant, Mr. Grodner.  Let it reflect that Mr. Grodner is not present; Mr. Miller is here on behalf of his client, who is not present; and Ms. Davis – Ms. Anna Davis, with the Assis- Attorney General’s Office, is here based upon a subpoena that had been issued for Judge Galen Braddy.  Good morning, Ms. Davis.
          MS. DAVIS:          Good morning, Your Honor.            THE COURT:          The - over the past few months,
it’s my understanding that the defendant had been sending numerous e-mails to Mr. Miller; to Ms. Brown, of family court staff, which is assigned to Judge Braddy; and possibly even some to Judge Braddy expressing deep concerns in, I believe, questioning the competency of Judge Braddy, as well as posting a blog questioning those things in public.  Based upon those – also, that Mr. Grodner had continued to intimate that he felt he would not be able to receive a fair trial; that Judge Braddy should recuse himself from hearing the case; and then, I believe, that culminated at one point, in possibly October, when this hearing was set for a motion to be heard by another judge as to the recusal of Judge Braddy.  Mr. Miller, does that accurately sum up where we are as of today?
          MR. MILLER:        Judge, that – that’s a correct
recitation of the background facts, I believe.
          THE COURT:          Okay.
          MR. MILLER:        In particular, Mr. Grodner has
made statements in his e-mails that ---
          THE COURT:        Now, let me – let me – if you –
if you want to, at this point, make a statement as to the facts that – any that I’ve missed or specific ones that-that the Court should entertain, feel free to do – if you’re ready to do that now.
          MR. MILLER:         Yes, sir.  Thank you.  In his
e-mails, Judge, Mr. Grodner has made statements that Court officials are – in Pitt County – are untrustworthy.  He’s made disparaging statements about the Pitt County court system.  He has circumvented numerous statements about the plaintiff’s counsel.  He’s alleged that the plaintiff’s counsel controls the family court - or the - the Pitt County court system; that I’ve lied to the Court and the Court accepts my lies as the truth; and he’s made numerous other statements that I have, in my opinion, call bizarre types of statements about court systems, officials, and me.  He repeatedly sends e-mails to the family court administrators about his position; he sends e-mails to me.  Those e-mails show that he’s copying them to various entities or locations, including a personal blog in which he recites his version of things in his e-mails, posts that to the blog.  His blog is advertised as his effort to, in essence, vindicate the rights of fathers in divorce cases.  I’m not using exact words from the blog, but I think the site is indicated in some of his emails.  And in that, he also seeks donations for himself by virtue of what he’s doing is he feels is some public service to other people in his position.  I do not believe that there is any basis that any judge who has been involved in this case has a bias or a prejudice, other than is created by – and perhaps intentionally by Mr. Grodner.  I do not believe that there is a basis for the recusal of any judge because they could not hear the facts and render a fair and just decision on the facts under the law.  I do not believe that there are any relationships or other issues, or any communications or contacts from any indication in the record that would indicate Ms. Brown, Judge Braddy, or I have done anything improper with regard to this case, or the handling of this case, or the calendaring of this case.  He’s made numerous accusations about how the case is calendared or noticed.  Judge, we – on behalf of the plaintiff, we came here without a stake in this motion other than as it impacts and effects the court system and the court officials, in particular, people of high integrity and purpose here in Pitt County that Mr. Grodner disparages and defames.  And, so, we aren’t seeking the recusal of any judge in the case, but by the same token, we don’t resist the Court taking such actions as will properly and appropriately assure - to the best we can because it does not appear that anything will ever assure it – but assures the appearance and perception of propriety and responsibility by whoever hears the facts in this case.  And, so, we certainly will comply with whatever the Court’s decision is about who hears the case.  I would ask that the matter, in terms of pending motions or things that are ongoing, that - that the matter be given some priority so that we can dispose of that.  So, the Court knows there is still pending a petition for discretionary review and a notice of appeal to the North Carolina Supreme Court in this case concerning an issue that Mr. Grodner brought up that the North Carolina Board of Appeals has not yet decided – or rendered a decision about discretionary review or the appeal. 
I do not believe that that usurps the jurisdiction of – of this Court on this issue – or these issues or stays the jurisdiction of this Court in that matter.  Mr. Grodner has frequently made statements about what the authority of anybody is and it varies, depending upon what the issue is before this Court is my understanding of the law with regard to interrogatory matters, in particular.  And, so, I-I-I guess that is to say we’ll – whatever the Court decides is fine.  We would like it to-to be given some priority in terms of scheduling, given any judge in the case, so that we can move the matter along appropriately.  Thank you.
          THE COURT:          Thank you, Mr. Miller. 
Ms. Davis, would you like to be heard?
          MS. DAVIS:          No, Your Honor.
          THE COURT:          All right.  Would you like to
me - for me to – would it be helpful or necessary for me to rule on your motion to quash, even with the withdrawal?
          MS. DAVIS:          No, Your Honor.
          THE COURT:          Okay.
          MR. MILLER:         I-I would like the order to
reflect the fact - the sequence of events with regard to the subpoena and the withdrawal.  And, Judge, I’m - I’m happy to take a stab at preparing the order when I’m available, but if the Court feels you ought to prepare the actual (inaudible)
          THE COURT:          If you would ---
          (background)
          MS. DAVIS:          The motion to quash.            THE COURT:          I think – I think she’s
referring more to the recusal.  (inaudible)
          MR. MILLER:
fact that he – he ---

Then I would also refer to the
          THE COURT:
withdrew ---

Right.  Issued and then
          MR. MILLER:

--- issued subpoenas and
everybody filed objections and the motion to quash.  She entered the case; he didn’t notify her, didn’t do whatever; and she came here (inaudible); he filed his withdrawal this morning.  That procedural ---
          THE COURT:          If-if you – I’m not gonna ask
you to prepare the order.  I think I would like to do that.  But if you would maybe shoot Ms. Brown a – or Ms. (inaudible) – whichever you deem appropriate - a bullet point of the facts that you just stated.
          MR. MILLER:         Okay.  Yes, sir.
          THE COURT:          Not-not in order form, just –
you know, just in a document ---
          MR. MILLER:         All right.
          THE COURT:         --- so that I don’t have to go
and necessarily list all - all that ---
          MR. MILLER:         Yes, sir.
          THE COURT:
That would be helpful.

--- and do all the reading. 
          MR. MILLER:

I - I have a couple matters
today, and I may even solve a case that was set for three days.  I may - if I don’t, I’ll be on my case for the next three days.  So, is the end of the week okay to get the bullet points to you?
          THE COURT:         That would be fine.  I think –
I think I actually have an office day Friday, so.
          MR. MILLER:     
that to you by - by Friday.
Okay.  I’ll-I’ll try and get
          THE COURT:      
Okay.
          MR. MILLER: 
Ms. Davis, as well.
And I’ll – I’ll send a copy to
          THE COURT:      
All right.
          MR. MILLER: 
I haven’t really been issuing
the subpoenas in that.  But he indicated that the subpoenas are related to a Rule 59 motion that he’s filed, and I’ve indicated to the Court that I believe that’s a frivolous motion; that it-it won’t have a basis.  So, I’m not sure that those subpoenas need to be valid until we determine the validity of the motion itself.
          THE COURT:          Let me also indicate that
Mr. Grodner was present today at 8:06 due to some filings that he made.  It – I think it’s obvious to the Court that he knew of today’s court date by filing these prior to the scheduled time for the court date; that the Court also waited until nine – approximately 9:25 before we started any – started this proceeding, as well, so.
          MR. MILLER:        Okay.  I’ll – I’ll tend to all
that, then.
          THE COURT:          All right.  Thank you. 
Ms. Davis, anything else for you?
          MS. DAVIS:          No, Your Honor.
          THE COURT:        All right.  Thank you very much
for being here.
          MS. DAVIS:          Thank you.
          THE COURT:        Hope you have a safe trip home.
          MS. DAVIS:          Thanks.
          MR. MILLER:         One way or the other ---
          9:39:21 A.M. – END OF PROCEEDING
          [END OF RECORDING]
          [END OF TRANSCRIPT]

court document: Motion to Quash Subpoena

20190107.0836.quash.subpoena.pdf

court document: filed email: Message to Judge Braddy that all subpoenas are withdrawn

20190107.0807.email.to.braddy.filed.pdf

court document: filed Notices of Withdrawal of Subpoenas to Jeffrey Miller, Judge Galen Braddy, Hunter Summerlin, Eric Summerlin

20190107.0806.notice.withdraw.subpoena.braddy.filed.pdf
20190107.0806.notice.withdraw.subpoena.eric.filed.pdf
20190107.0806.notice.withdraw.subpoena.hunter.filed.pdf
20190107.0806.notice.withdraw.subpoena.miller.filed.pdf

Friday, January 04, 2019

court document: Notice of Deposition and Subpoena

Notice of Deposition: 20190104.1205.notice.of.deposition.pdf
Subpoena for Notice of Deposition: 20190104.1207.subpoena.pdf

court document: Affidavit of Andrzej Grodner in Response to Jeffrey L. Miller's Objection; Motion to Quash; Motion for Attorney Fees; Motion for Rule 11 Sanctions

20190104.1205.affidavit.pdf

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



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,                                 )       AFFIDAVIT OF ANDRZEJ GRODNER  
)                      IN RESPONSE TO 
            vs.                                                       )        JEFFREY L. MILLER'S OBJECTION;
                                                                        )                    MOTION TO QUASH;
ANDRZEJ GRODNER,                              )            MOTION FOR ATTORNEY FEES;   
            (now Andrew Grodner)                   )         MOTION FOR RULE 11 SANCTIONS   
                        Defendant,                            )           
________________________________)


            ANDRZEJ (Andrew) GRODNER, Defendant in his action, states the following under oath:

  1. On 3 January 2019, I was informed by Jeffrey L. Miller's about his OBJECTION; MOTION TO QUASH; MOTION FOR ATTORNEY FEES; MOTION FOR RULE 11 SANCTIONS ("Objection") in this action which he filed on 2 January 2019. Upon going to the Courthouse and after reading said Objection I realized that in it he made various false statements regarding me and my actions, and to which I can credibly attest.
  2. Jeffrey L. Miller stated in his Objection that I, the Defendant in this action, have issued the Subpoenas on "27 December 2018 seeking to require Eric Summlerin, Hunter Summerlin, and the undersigned [Jeffrey L. Miller] to appear and testify (...) concerning the issue created by the [me] of whether or not the Honorable G. Galen Braddy, Chief District Court Judge, should be recused in this case." That statement is false because:
    1. I have issued all subpoenas for properly filed and noticed Verified Rule 59 Motion with which Jeffrey L. Miller was properly served and to which he did not object to. Jeffrey L. Miller was also served with and not objected to the Notice of Hearing regarding Verified Rule 59 Motion. Jeffrey L. Miller was aware of all the above-mentioned documents at the time he filed his Objection;
    2. On 27 December 2018 I have also asked for issuance of Subpoena for Honorable Judge Braddy to testify at 7 January 2019 hearing, but again, it was only on Verified Rule 59 Motion. To the best of my knowledge Jeffrey L. Miller was aware of that fact at the time he filed his Objection.
    3. At any moment I did not intend to and I have not "created [the issue] (...) of whether or not Honorable G. Galen Braddy, Chief District Court Judge, should be recused" because 4 December 2018 document, which Jeffrey L. Miller is referring to, has been prepared and filed by Kay Brown without my knowledge or without my request, but upon explicit direction from Honorable Judge Braddy, which Kay Brown confirmed in her email on 5 December 2018 at 9:29am: "I did what Judge Braddy told me to do." Jeffrey L. Miller has been aware of these facts and was copied on cited communication at the time he filed his Objection.
    4. Even if there may have been any confusion regarding my position on 4 December 2018 document, I clarified it by explicitly stating under oath in my 21 December 2018 Response that "[I have] NOT FILED any Motion to Recuse Judge Braddy and that the attached emails (...) show that in fact NO SUCH MOTION HAS BEEN FILED" [original emphasis]. Jeffrey L. Miller has been aware of and properly served with my 21 December 2018 Response at the time he filed his Objection.
  3. Jeffrey L. Miller stated in his Objection that "(4) in [my] November 16 document, [I] made (...) defamatory statements about Ms. Brown, the undersigned, the court, and Judge Braddy." That statement is false because I have not made any defamatory statements since none of my statements were false. It is my understanding, and I believe it is the understanding of Jeffrey L. Miller, that statements can only be defamatory if they are false. In one clear instance, within the thread of emails that Jeffrey L. Miller cites, I accused Ms. Brown of being a liar because she wrote that she cannot communicate my message to Judge Braddy and to prove that she was lying I provided providing her with evidence that of past email when she in fact communicated my message to Judge Braddy. Instead of denying being a liar or refuting my evidence she promptly communicated the message to and from Judge Braddy, effectively admitting that indeed she has lied to all of us and that I was correct in my statement when I called her a liar. Thus, that accusation, just like the others I made, were not false and thus they were not defamatory. To the best of my knowledge at the time of filing his Objection Jeffrey L. Miller was aware that everything I wrote in the emails on 16 November 2018, including statements regarding himself, were true statements and that I was in position to prove, and in some instances I did proved to him and the Court the truthfulness of my statements.
  4. Jeffrey L. Miller stated in his Objection that "(4) in [my] November 16 document, [I] made disparaging (...) statements about Ms. Brown, the undersigned, the court, and Judge Braddy." That statement is false because my comments were taken very seriously and evaluated on their merit. Thus, they were not disrespectful but turned out rather helpful and informative for everyone who received them. In one clear instance I wrote in my 16 November 2018 email: "if Judge Braddy continues to recite lies that Mr. Miller is saying without thinking then there is no point of presenting a legal argument in front of him. For example, he repeated after Mr. Miller that somehow NC Bar can remove attorneys from the case even though NC Bar only deals with law licenses which they issue." Apparently Judge Braddy agreed with me that he has been reciting lies after Mr. Miller without thinking and decided to think for himself upon my helpful comment because in his filed 17 December 2018 Order he completely reversed his position from 14 November 2018 hearing and asserted full jurisdiction over the issue of removal of Mr. Miller from the case, not ever mentioning NC Bar. At the time of filing his Objection Jeffrey L. Miller has been very familiar with Judge Braddy's response to my morning comments from 16 November 2018 email because in the afternoon of the same day, 16 November 2018, he sent me proposed Order where my comments were indeed incorporated.
  5. Jeffrey L. Miller stated in his Objection that "(4) [I] threatened to file a Contempt Motion against Ms. Brown." That statement is false because I simply reminded Ms. Brown that if she continues to lie to me then "I will have to file Contempt Motion against [her]." To the best of my knowledge she is aware that this is a proper way to compel court officials like herself to do her job properly, which I also reminded her of by writing that "this is apparently what even Judges must do." In response, she did her job as requested and relayed the communication between myself and Judge Braddy, thus confirming that she was well aware of her earlier improper behavior and that she was exposing herself to Contempt Motion. At no point Ms. Brown indicated to me that she felt threatened or that I have threatened her in any way. In fact, after I inquired about why she was no longer Family Court Coordinator, which she announced via mass email to many court officials on 2 January 2019 at 9:16am, she simply wrote: "Obviously Mr. Grodner you feel that I am not trustworthy" (2 January 2019 at 9:46am). At the time of filing his Objection Jeffrey L. Miller was aware of all my communication with Ms. Brown and even responded to some of them.
  6. Jeffrey L. Miller stated in his Objection that "(7) this is the second subpoena issued by [me] to the undersigned without a proper factual or legal basis to support the issuance." [note correction assumed: "plaintiff" for "defendant"] This statement is false because in the 17 December 2018 Order, in paragraph (8), the Court found that 18 October 2018 subpoena had both proper legal basis (Motion to Remove Opposing Counsel) and factual basis (alleged false statements made by Jeffrey L. Miller about 13 December 2016 Order). Also, 27 December 2018 subpoenas had both legal basis (Verified Rule 59 Motion) and factual basis (alleged instances of false statements made by Jeffrey L. Miller during 14 November 2018 hearing). At the time of filing his Objection Jeffrey L. Miller has been served with all the listed documents and was familiar with them.
  7. Jeffrey L. Miller stated in his Objection hat "(9) [my] subpoenas (...) have been issued for an improper purpose to harass and to increase unnecessarily the costs of this litigation. (...) The Summerlins will be required to miss work (...) without any relevant or proper purpose." This statement is false because both subpoenas to the Summerlins have also been served with a copy of Verified Rule 59 Motion regarding which they were required to testify about, providing them with a valid purpose for their testimony. In particular, they were expected to provide critical evidence regarding paragraph 5(a) which alleges that Jeffrey L. Miller's almost exclusively refuses to communicate with me about his client's, Mrs. Hunter Summerlin, daily Court Order violations and that it harms the minor child. This false statement by Jeffrey L. Miller is particularly notable because I am aware of at least one instance when he issued subpoenas to the Summerlins for what appears to be a truly improper purpose, 14 December 2016 hearing on Motion for Reconsideration. To the best of my understanding there was no legitimate purpose for their presence during that hearing and Jeffrey L. Miller never called them as witnesses despite having plenty of time left for presenting his case. Jeffrey L. Miller has be properly served with the Verified Rule 59 Motion and he was aware that the subpoenas he is objecting to where issued together with said Motion.
  8. Jeffrey L. Miller stated in his Objection that "(10) the document [I] sent to the Family Court administrator and Deputy Clerk, and the subpoenas, have been issued and filed by [me] or at [my] request and behalf." This statement is false because I have not requested any subpoenas to be issued for the Family Court administrator or Deputy Clerk and no subpoenas have been filed because both myself and Jeffrey L. Miller were informed that there is not enough time to hear my Verified Rule 59 Motion or obtain testimony from witnesses during 7 January 2019 hearing. I believe this statement is also false because I am not aware of any "document" that Jeffrey L. Miller alleges that I sent to Family Court administrator and Deputy Clerk and then filed - at least he has not referenced it properly enough for me to verify whether it is true or false statement. At the time of filing his Objection Jeffrey L. Miller was fully informed about any and all communication that I had with anyone at the Pitt County Courthouse and he had been informed and properly served with any and all legal documents I filed in this 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 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