Loading ...
Sorry, an error occurred while loading the content.
 

Re: [howardpubliced] BOARD dyer v. boe - p's lttr to judge dudley & motion to strike d's lttr

Expand Messages
  • Glenn Amato
    Allen I do not know if I have the time to do this but if the courts give you a firm cut off date could i file suit from that date forward when the board once
    Message 1 of 2 , Aug 31, 2001
      Allen

      I do not know if I have the time to do this but if the courts give you a
      firm cut off date could i file suit from that date forward when the board
      once again violates the law?

      Glenn
      ----- Original Message -----
      From: Allen Dyer <aldyer@...>
      To: Leslie Stellman <lstellman@...>
      Cc: BOEreform <BOEreform@yahoogroups.com>; <PTACHC@egroups.com>; Howard
      County School Board <boe@...>; Howard Public Education
      List <howardpubliced@yahoogroups.com>
      Sent: Friday, August 31, 2001 6:56 PM
      Subject: [howardpubliced] BOARD dyer v. boe - p's lttr to judge dudley &
      motion to strike d's lttr


      > les,
      >
      > attached is the machine readable for the letter i hand delivered to
      > judge dudley's chambers today along with my motion to strike your
      > lttr to judge dudley w/ cert of service, proposed order, clerk cover,
      > and your cover.
      >
      > the ascii version of my letter to judge dudley and my motion to strike
      > your letter w/ proposed motion follow.
      >
      > allen
      > _____________________________________________________
      >
      > Allen Dyer
      > 13340 Hunt Ridge
      > Ellicott City, Maryland 21042
      > 410-531-3965
      > aldyer@...
      > August 31, 2001
      >
      > HAND-DELIVERED
      > The Honorable James B. Dudley
      > Circuit Court for Howard County
      > 8360 Court Avenue
      > Ellicott City, Maryland 21043
      >
      > Re: Dyer v. Board of Education, Case # 13-C-0046929
      > (Cir.Ct.HowardCo.)
      >
      > Dear Judge Dudley:
      >
      > I respond herein to the August 27, 2001 letter to you from Leslie
      > Robert Stellman, Esquire, counsel for Defendants in the above-captioned
      > case. Both as Plaintiff pro se in this action and as a member of the
      > Maryland Bar, I am of the opinion that Mr. Stellman's letter is entirely
      > inappropriate and, concurrently with this letter, I am filing a Motion to
      > Strike Mr. Stellman's letter, and I enclose a courtesy copy for your
      > information.
      >
      > Mr. Stellman's letter is in violation of Rule 2-311(a) requiring
      that
      > an "application to the court for an order shall be by motion" and
      2-311(d)
      > requiring that "facts not contained in the record or papers on file in the
      > proceeding shall be supported by affidavit and accompanied by any papers
      > on which it is based." Mr. Stellman's letter is also, arguably, in
      violation of
      > Rule 3.5(a)(7) of the Maryland Rules of Professional Conduct requiring
      > that a "lawyer shall not ... communicate ex parte about an adversary
      > proceeding with the judge ... before whom the proceeding is pending,
      > except as permitted by law."
      >
      > Accordingly, Plaintiff asks the Court to disregard Mr. Stellman's
      > letter.
      >
      > Thank you for your attention in this matter.
      >
      > Very truly yours,
      >
      >
      > Allen R. Dyer
      >
      > cc: Leslie Stellman, Esquire
      >
      > ________________________________________________________
      >
      > ALLEN R. DYER, * IN THE
      >
      > Plaintiff pro se * CIRCUIT COURT
      >
      > v. * FOR
      >
      > BOARD OF EDUCATION * HOWARD COUNTY
      > OF HOWARD COUNTY, et al.
      > * CASE # 13-C-0046929
      >
      > ...ooo0ooo...
      > PLAINTIFF'S MOTION TO STRIKE
      > DEFENDANTS' LETTER OF AUGUST 27, 2001
      >
      >
      > Plaintiff Allen R. Dyer, pursuant to Rules 2-311(a) & (d), and
      > 322(e), moves to strike Defendants' letter of August 27, 2001 to the
      > Honorable James B. Dudley, and as grounds therefore states:
      >
      > 1. On August 27, 2001, Leslie Robert Stellman, Esquire, counsel for
      > Defendants in this matter, mailed a letter (a copy of which is attached
      > hereto as an Exhibit) directly to the Honorable James B. Dudley.
      >
      > 2. Mr. Stellman's letter seeks at least three forms of relief or
      orders
      > from the Court. Maryland Rule 2-311(a) states:
      >
      > (a) Generally.- An application to the court for an order shall
      > be by motion which, unless made during a hearing or trial,
      > shall be made in writing, and shall set forth the relief or
      order
      > sought.
      >
      > 3. Mr. Stellman's letter contains numerous unsworn allegations of
      > fact. Maryland Rule 2-311(d) states:
      >
      > (d) Affidavit.- A motion or a response to a motion that is
      > based on facts not contained in the record or papers on file in
      > the proceeding shall be supported by affidavit and
      > accompanied by any papers on which it is based.
      >
      > WHEREFORE Plaintiff moves this Court to strike Defendants'
      > August 27, 2001 letter to the Honorable James B. Dudley from the record.
      >
      >
      >
      > RESPECTFULLY SUBMITTED,
      >
      >
      >
      > _______________________
      > Allen R. Dyer
      >
      > 13340 Hunt Ridge
      > Ellicott City, Maryland 21042
      > 410-531-3965
      > aldyer@...
      >
      > Plaintiff Pro Se
      >
      >
      >
      >
      > CERTIFICATE OF SERVICE
      > I HEREBY CERTIFY that on this 31th day of August, 2001, a copy
      > of Plaintiff's Motion to Strike Defendants' Letter to the Honorable James
      B.
      > Dudley was mailed, postage pre-paid to Leslie Robert Stellman, Esquire,
      > Blum, Yumkas, Mailman, Gutman & Denick, P.A., 1200 Mercantile Bank
      > & Trust Bldg., 2 Hopkins Plaza, Baltimore, MD 21201, Counsel for
      > Defendants.
      >
      >
      > ______________________________
      > Allen R. Dyer
      >
      > _______________________________________________________
      >
      > ALLEN R. DYER, * IN THE
      >
      > Plaintiff pro se * CIRCUIT COURT
      >
      > v. * FOR
      >
      > BOARD OF EDUCATION * HOWARD COUNTY
      > OF HOWARD COUNTY, et al.
      > * CASE # 13-C-0046929
      >
      > ...ooo0ooo...
      >
      > ORDER
      >
      > Upon consideration of Plaintiff's Motion to Strike Defendants' Letter
      > to Judge Dudley and of the record in this case, Plaintiff's Motion to
      Strike
      > is, by the Circuit Court for Howard County, hereby, GRANTED and
      > Defendants' Letter dated August 27, 2001, to Judge Dudley is, hereby,
      > STRICKEN on this ______ day of ___________________, 2001.
      >
      >
      >
      >
      > __________________________________
      > CIRCUIT JUDGE
      >
      >
      > This is the Howard Public Education Mailing List.
      > To unsubscribe from this list, send an e-mail to:
      > howardpubliced-unsubscribe@egroups.com
      > To send a message to the mailing list owner, send
      > an e-mail to:
      > howardpubliced-owner@egroups.com
      >
      > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
      >
      >
    Your message has been successfully submitted and would be delivered to recipients shortly.