Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
LINCOLN v DAYLIGHT CHEMICAL, et al. - 50.1 - Gov.uscourts.cacd.484804.50.1

LINCOLN v DAYLIGHT CHEMICAL, et al. - 50.1 - Gov.uscourts.cacd.484804.50.1

Ratings: (0)|Views: 7 |Likes:
Published by Jack Ryan
# 1[RECAP] Exhibit Ordwer to sancton Lincoln $60,500 in state courts of TX - 02/21/2011 50[RECAP] NOTICE OF MOTION AND MOTION for Sanctions Plaintiff filed by defendants Appealing Dentistry, Defend Our Freedoms Foundation, Law Office of Orly Taitz. Motion set for hearing on 3/21/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1[RECAP] Exhibit Ordwer to sancton Lincoln $60,500 in state courts of TX, # 2[RECAP] Exhibit order to forbid Lincoln from filing pleadings until he pays $150,000 in santions)(Taitz, Orly) (Entered: 02/22/2011)
# 1[RECAP] Exhibit Ordwer to sancton Lincoln $60,500 in state courts of TX - 02/21/2011 50[RECAP] NOTICE OF MOTION AND MOTION for Sanctions Plaintiff filed by defendants Appealing Dentistry, Defend Our Freedoms Foundation, Law Office of Orly Taitz. Motion set for hearing on 3/21/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1[RECAP] Exhibit Ordwer to sancton Lincoln $60,500 in state courts of TX, # 2[RECAP] Exhibit order to forbid Lincoln from filing pleadings until he pays $150,000 in santions)(Taitz, Orly) (Entered: 02/22/2011)

More info:

Categories:Types, Research, Law
Published by: Jack Ryan on Feb 22, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/22/2011

pdf

text

original

 
IN THE UNITED
STATES
DISTRICT COURT
WESTERI\T
DISTRICT
OF
TEXAS
AUSTTN
DIVISIOFT
GREGABBOTT
$
Plaintiff
$$
v.$
s
DANTEL
SIMON
S
Defendant
$
s
Y.$
$
BARBARACASABOLT,DON
$
IIIGGINBOTHAM, JOIIN
MSIUASTER
S
AI\U}
MICIIAEL
LEAVITT
$
Third
Party
Defendants
$
Case
No.
$6:0&CV-10
WSS
COME
NOW,
Judge
DonHigginbotham
and
Judge
John
McMaster,
hereinafrerreferred
to
as
"Third
Party
Defendants"inthe
above
styled
andnumbered
cause,
andask
the
Court
to
impose
sanctionsagainst
theDefendant,
Daniel
Simon
for
filing
frivolous
pleadingsin
violationof
F.R.C.P-I
l.
I.
Introductiog
1.01
Daniel
Simon{hereinafterreferred
to
as
*Simon')
and
his
de
.facto
anorneyCharles
Lincoln
{hereinafter
referred
to
as
*Lincoln"}
are
continuing
to
harass
this
Courf
public
ofiicials
and
private
citizens.
Specifically,Simon
has
fild
four
cases
alleging
wild
and
*ivolous
conspiratorialallegations.
See,
l:07-CV
00l1y,
1
:07-CV00315LY,
theinstant
case,
and
1
:0?{V
g4"Ly.
l-AZ
Simon
removed
the
instant
action
{a
child
supportenforcement
action)
to
this
Court-
On
Septemfut
21,ZW7,
Simon
filed
Defendant's
Motion
to
Dismiss
MCMASTER'S
MOTION
FORSANCTIONS
PURSUAITfTO
F.RC.F:II
Case 8:10-cv-01573-AG -PLA Document 50-1 Filed 02/21/11 Page 1 of 7 Page ID#:1258
 
Pursuant
to
l2(bx6),
Affirmative
Defens€s,
Counterclaim,
&.
Third-PartyComplaints.
1.03
Third
Party
Defendantsserved
this motion on
Simon onNovember
29,2007,21
days before
filing
themotion
with
the
courl
Fed.
R,
Civ.
P.
I
l(cXlXAi.
Simon
has
notwithdrawn this
document.
II.
Areument
2.01
The court may
imposesanctions
on
a
pro
se
parfy
for
presenting
a
pleading,
written
motion, or
otherpaper
for
an
improper
purpose,such
as
to
harass
or
cause
unnecessary
delay
or
expense.Fed.
R.Civ.
P.
ll(bxl).
Additionally,
the courtmay
impose sanctionson
a
pro
se
party
for
presenting
a
pleading,
written
motion,
or
other
paper
that
includes
any
of
the
following:
(1)
claims
or
defenses
unsupported
by existing
law or
by
a
good-faith
argument
for
a
change
in
existing
law;(2)
allegations
that
do
not
have,
or
are
unlikely
to
have
after
a
reasonable
investigation, evidentiarysupport;
or
(3)
denials
unwarranted
by
the
evidence.Fed.
R.
Civ.
P.
I
l(bX2X4).
2.AZ
Simon's
filing
of
his
third
parly
complaint
againstJudges
Higginbotham
and
McMasterviolated
Rule
l1
because:
A)
Simon
fild
the
document
for
an
improper
purpose,such
as
to
harass
or
to
cause
an unnecessary
delay.
Fed.
R.
civ.
P.
1l(bXI);
Mercury
Air
Group,
Inc.
v.
Mansour,237
F.3d,
542, 548
(5th
cir.
2001).
specifically,
simon
and
Lincoln
improperlyremoved
this
case
andthen
brought
in
third
parties
in
their
continuance
of
harassment
of
public
officials.
The
persisent
filing
of
frivolous
and harassing lawsuits
demonstrates
the
harassment
of
public
officials.
Simon
Case 8:10-cv-01573-AG -PLA Document 50-1 Filed 02/21/11 Page 2 of 7 Page ID#:1259
 
and/or
Lincoln
have
been
involved
in
the
following
cases
which
have
harassed
public
officials:
'
Lincolnremlrcd David
Sibley to
appaar
in
1;07{V
00lLY.
Whcn
Siblcy
appcarcd
End
did
not
gcr
paidby
Lincoln,
Sibley
filed
suit.
Cause
No.Style
Type
of
Action
Pnblic
Oflicials
Ilarassed
Status
of
Case
4:A6CY72B
SDTX
LMN
Mortgage
v.
Atalay
Removal
toFed
Dist
Ct.
from
Tex
J.P.Cr.
William
Yeoman,
J.P.
Pct.
5,
Harris
County,
Texas
Case
remanded
$4500
in
sanctions for
improperremoval4:O6CY1479
SDTX
Jaikaran
v.
U.S.
Bank
et
alCivil
Suit
I
l3th
District
Court
Judge
Pakicia
HancockContempt
orders
issued
for
Lincoln's
side
2:07CYA258
SDTX
Sibley
v.
Lincoln
Removal
to
Fed.
Ce
from
g4'h
Tex.
Dist.
CL
See
l:07-CV
00lLY
Case
remanded.
Motion
forsanctions for
improperremovalpending;
criminal
contemptorder
issued.
2:O7MC0A75
SDTX
USA
v.
LincolnCriminal
Contempt
Proceeding
U.S.DisL
Judge
JanisGraham Jack
Arrest warrant
pending;
Lincoln
has
tugitive
status.
1:07CV0699LY
WDTX
State
of
Texas
v.
Lincoln
Removal
from
WilliamsonCounty
Court atlaw
No.3
None
Capias
issued
for
failure
to
appear
for
appeal
of
minor
taffic
violation
(seat
belt)
usDC
Case
Pendins
l:07CV0842LY
WDTX
Lincoln
&
Simon
v.
Williamson
Cawty
et
olCivil
Lucas
Wilson
(prosecutor);
Municipal
Judge
Ka*rleen
Riedel;
Arhro
RamierzOrder
for
show
cause
issued
on
bounced
filing
fee
check
Case 8:10-cv-01573-AG -PLA Document 50-1 Filed 02/21/11 Page 3 of 7 Page ID#:1260

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->