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Martin Lawsuit004

Martin Lawsuit004

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Published by the kingfish
Lawsuit between Precious, Warren, and Kenya Martin
Lawsuit between Precious, Warren, and Kenya Martin

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Published by: the kingfish on Sep 04, 2013
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09/23/2013

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IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT
OF
HINDS
COUNTY, MISSISSIPPICORDERO BLACKMON; CHARITY BRADY;SHARIE
DESSELL;
ASHLEY DIXON: KARESSIAGIBSON; MONIQUE L. GRAHAM; LA'DERIAN
HARTWELL;
JOAN JONES; BARBARA
D.
NEVELS;PAMELA WRIGHT; ERICA
D.
TWILLEY;
CHIKIETAS.
CLARK;
BEVERLY
A.
ELLIS; BILLIE
ROBERTSON;
CRYSTAL
HARRIS;
TERRIETTE
L. WEIDMAN;COURTNEY FLAGGS; LAJUANNA ANDERSON;
JULIE
YATES;
RHONDA
R.
MOORE;
JEf FRY
SANDERS;
JESSICA
CURTISS; JOSEPH DEDEAUX; JENNIFERRUNNELS; CHARISSE
A.
PITTS;
SANDRA
D.
JOHNSON;
ASHLEY
M.
BELCHER;KIZZY
D.
THORNTON;
TERRANCE
BELL;
TERRY
T.
BARKSDALE; TAMARA
GRAY
V. CAUSE NO.:
251-11-954
CIVVIRGINIA
COLLEGE
AT
JACKSON; VIRGINIA
COLLEGE,
LLC;
EDUCATION CORPORATION
OF
AMERICA; EDUCATION CORPORATION
OF
AMERICA,
INC.; DAVID
A.
PODESTA,
IN HIS
OFFICIAL
AND
PERSONAL CAPACITIES; MILTONANDERSON,
IN HIS
OFFICIAL
AND
PERSONAL
CAPACITIES;
ERICA
CLARK,
IN
HER
OFFICIAL
AND
PERSONAL CAPACITIES;
AND
JOHN DOES
1-15
DEFENDANTSWARREN L. MARTIN, JR.
AND
WARREN L. MARTIN, JR.,
P.A/S
RESPONSE
AND
OPPOSITION
TO
THEMOTION FOR DETERMINATION OF ATTORNEYS'
FEES
COME
NOW, Warren L.
Martin,
Jr. and Warren L.
Martin,
Jr., P.A. (hereinafterreferenced as
"WLMJR")
pursuant
to the applicable rules and files this
response
in oppositionto the
Motion
for Determination
of
Attorneys'
Fees
filed
by Kenya R.
Martin
and
would
state
the
followingto-wit:
PROCEDURAL
AND
FACTUAL
BACKGROUND
1.
The instant
case
is one of several
filed
by
WLMJR
and Kenya R.
Martin,
as
associated
counsel,
against
Virginia
College,
LLC
and others.
PLAINTIFFS
1
 
2.Sometime in February 2013, the
partiesreached
a
settlement
of the instantaction. This
settlement
was
contemporaneous
with
resolution of a pending federal actionstyled;
Virginia College, LLC
v.
Kenya Martin, et. ai,
U.S. District Court (Southern
District);
Cause
No.:
3:ll-CV-682-DPJ-KFB.3. Upon
joint
motion of the parties, the
trial
judge appointed Amy Whitten asspecial
master,
a copy of the appointment order is
attached hereto
and incorporated by
reference
as
Exhibit
A.4. On
April
25, 2013,
Defendants
Kenya R.
Martin
and Kenya R.
Martin,
LLC(hereinafter referred to collectively as "Kenya Martin")
filed
a Notice of Attorney's
Lien
in
Cordero
Blackmon, et al. v. Virginia College at Jackson, et al.
pending in the Circuit Court ofthe First Judicial District of Hinds County, Mississippi as
Civil
Action
No. 251-11-954
{'"Blackmon").
In the Notice of Attorney's
Lien,
Kenya
Martin
alleged he was "owed
Thirty
Thousand Dollars ($30,000) and other consideration for good and valuable
servicesrendered
in
the
representation
of all
named
Plaintiffs" as
well
as an additional $50,000
"against
Virginia
College,
LLC;
Warren L.
Martin,
Jr.; Warren L.
Martin,
Jr., Esq.;
and/or
other
named
Defendants."
{See
Notice of Attomey's
Lien,
attached hereto
as
Exhibit B;
see also
Virginia
College's
Response
to Notice of Attomey's
Lien,
attached hereto
as
Exhibit C.)
The Notice
of
Attomey's
Lien
did not provide a
basis
for Kenya Martin's claim to $80,000, nor an
itemization
as to the time allotted to
demonstrate
an
attomey's
fee. Further, the Notice ofAttomey's
Lien
lacked an
executed
contingency free
agreement
with
the alleged clients.5. In an email
correspondence,
Kenya R.
Martin
states,
"This payment
represents
the
agreement
that VC
and/or
ECA would pay me and mv
firm
$50.000.00 to cover the
expenses
I incurred in defending
against
the
bogus
federal lawsuit
filed
against
me. . . ." A2
 
copy of this email correspondence is attached hereto and incorporated by reference as
Exhibit
D.
(Underlined for Emphasis).6. On July 19, 2013, Kenya
Martin
filed
essentially the
same
motion again in
Blackmon,
only
with
a new
title
-
Motion
for Payment of Attomey's
Fees,
Costs,Compensation and
Expenses.
(See
Motion
for Payment, attached hereto as
Exhibit
E;
see also
Defendants'
Response
to
Motion
for Payment, attached hereto as
Exhibit
F, and Warren L.
Martin,
Jr.'s Joinder is attached hereto as
Exhibit
G.)
This
Motion
was not a renewed motion
or
reply in support or a supplement, but simply a new motion that again sought $80,000
without
firrther
explanation or support.
(Id.)
Significantly,
none
of the liens or motionsfiled by
Kenya
R.
Martin
contain any supporting affidavits, contracts or documents ofany evidentiary value.
(Bold
and Underlined for Emphasis). Special Master Amy
Whitten
had the
same
concerns
which
she outlined in a letter to the
trial
judge wherein she
states,
[e]arly
on in my communications
with
Mr. Kenya
Martin,
I asked him toproduce documentation or argument in favor of his position. To date, he has
not.
... I
have
every intention of hearing
Mr.
Kenya Martin's motion, if [the
court]
consider it to be included in your referral of the
case
to me. Given the
lengthy
delay in resolving the settlement
distribution
to
Plaintiffs,
coupled
withMr.
Kenya Martin's failure to provide me
with
nay documentation or argument
in
favor of his position, I deemed it important that we begin to move toward
resolving
the
distribution
issue
so that the
Plaintiffs
can be paid.
A
copy of
Amy
Whitten's July 22, 2013 correspondence is attached hereto and incorporated
by
reference as
Exhibit
H.
7. At the time of Kenya Martin's fihngs in
Blackmon,
Virginia
College and
Warren
Martin
were unsure of the
genesis
of
his claims. However, on Wednesday, August 21,2013 a telephonic hearing was held before the Special Master^ in
Blackmon
wherein Kenya
'
As
background, the
Blackmon
matter has settled; however, at the
request
of
plaintiffs
in
that matter a SpecialMaster has
been
appointed to allocate the settlement
fiinds.
Upon
the
filing of
KenyaMartin's
motions for liensand attomey's
fees, Judge
Green charged the Special Master
with
authority
to decide and rule upon
all
pending3

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