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93542793 Response Filed by Marshall David Brown Jr

93542793 Response Filed by Marshall David Brown Jr

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05/11/2012

15:35

MARSHALL DAVIS BROWN

PAGE

02/10

IN THE MATTER OF OF THE MARRIAGE OF

R.B.
AND

§

§ §

IN THE DISTRICT

COURT OF

§ §

M.G.B.
AND IN THE INTEREST OF

§
§

HARRIS

COUNTY, TEXAS

R.B. AND M,.,B.,
MINOR CHILDREN

§

§ §

309111 JUDIClAL

DISTRTCT

BESPONSEIO "RESfQNDENI'iAND
WlIION

THlRJ) PARTIE§!
FOR §,ANCTIONS.

FORSANCTIONS"

AND COUNTER-MOtION

COMES NOW, Petitioner, R. B., by and through the undersigned and! who on his own
behalf files this "Response To 'Respondent! s

And

Third

Parties'

Motion For Sanctions' And. Counter-Motion For Sanctions" and in support thereof would show

as follows:
1.

Movants seek to sanction the undersigned for "extreme, outrageous, a.~d sexualmade by him relative to attorneys for M.O.B. or entities in which he statements made by the

inappropriate statements" owns an interest

who happen to be female in gender claiming

undersigned "go far beyond the 'typical ' opposing-attorney

banter."

2.

Movants seek court sanctions resulting from speech uttered neither in a court The requested sanctions are in direct violation of U.S.

room nor during court proceedings. Constitution, Amendment

1 and the Texas Constitution.

3.

Attorney Hilder misstates most of the facts in the "factual background"

portion of

his motion, to wit: a. The undersigned has never referred to any of Dr. Brown's female

attorneys as "flat chested" or "cunt" to their face, if indeed such words were conveyed to them it was done so by recitations via their male co-counsel; Page 1 of5
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MARSHALL DAVIS BROWN

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b. The only time the undersigned said "dumb shit" directly to a female attorney for M.O.B.! namely Jeanne Mclfowell, was after she had addressed the undersigned in a condescending and offensive manner relating to the, at that time, outstanding balance of fees and costs owed R.B. (an amount in excess of $800,000). The undersigned replied in an equally condescending manner and referred to her as "dear." When she objected, the undersigned asked her if she "liked dumbshit any better." c. On March 30,201.2, attorneys and/or agents for M.G.B. interfered with a deponent from appearing for his deposition in Miami. The undersigned asked Philip Hilder when he appeared at the hotel in Miami with an immodestly dressed woman to whom the undersigned had not been introduced, if such immodestly attired woman was an employee of an escort service and, if so, was riot 10:30 a.m. on a Friday morning a bit early for him to be in such company. It was only then that Hilder revealed the identity of the woman as that of Mary Olga Lovett, an attorney at the Greenberg Traurig firm, Further, it was Philip Hilder who embarrassed said Mary Olga Lovett in front of a room full of people, if in deed she was embarrassed, by telling her that the undersigned's mistake. d. When attorneys for M.G.B. and his entities complained about discovery costs related to return. travel to Miami to investigate the properties and monies that he had stashed there in violation of the Agreed Temporary Orders herein, the undersigned suggested with evident sarcasm that he would be happy to share a room with any of M.O.B.'s counsel on the next trip, even with Robert C.

Kuehm.

e. If indeed a female attorney heard the words "bitch" and "Daddy like ... " in reference to one of them, said verbiage was conveyed by Robert C. Kuehm as such statements were the contents of a private text sent to Kuehm suggesting that he was about to be fired by M.G.B.. The referenced text was sent to Kuehrn while he was present in the 333m during a hearing with one ofM.G.B.'s new lawyers and was at a time after Kuehm had made disrespectful statements about Linda Glover of the Winstead finn who was the opposing counsel. in the 333fd hearing.
4. The Court will not be surprised that NONE OF THE UNDERL YINa FACTS OF

TIlE CASE LAW SUBMITIED BY LAWYER Hilder is even remotely related to alleged actions of the undersigned and, more importantly, none of the cases relate to constitutionally protected extra judicial speech.

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MARSHALL DAVIS BROWN

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5.

It is certain that the attorneys for M.O.B. and his entities will take comfort in the
such speech as attorney Robert C. Kuehm has done the following ofM.O.B.:

laws of our state protecting during his brief representation

a. b.

Calling

R. B. a "crack ho;"

Referring to R. B. es "B's bitch;"

c. Stating that he and Jeanne McDowell were hired by M.G.S; because of the preferential treatment they would receive from this Court; d. Asking a drug test technician to describe the appearance of R.B.'s pubic hair for him in the hall of the courthouse.
e. Telling "back in the day" stories of "having fun with court reporters after taking a deposition or following a trial;' in the presence of women; and

g. Making comments comparing hls own genitalia to that of a black co-worker during his time working for railroads. '
6. Texas courts do have "inherent power" to impose sanctions not granted a

court by a specific statute or rule.

Ezeok« v. Tracy, 349 S.W.3d 679 (Tex. App.-Houston [14th

Dist.] 2011; no pet.); Kutch v, DelMar Coll., 831 S.W.2d 506 (Tex. App ...Corpus Christi 1992,
no pet.),

However, for a court to exercise this Inherent

power, the conduct

complained

about must significantly interfere with the court's

legitimate exercise of one of its core

fuutions (e.g., hearing evidence, deciding bisues of fad or question of law. EzeQke Kutch;
Kennedy v. Kennedy, 125 S.W.3d., 14 (Tex. App.-Atutitt

2002, pet. denied)

7.

Attorney Hilder's

requests for sanctions, in all likelihood; an attempt to regain:

face after the Discovery Master in this matter partially granted the discovery sanctions requested

against M.O.B. requiring him to deposit $750.000.00 into the registry of the Court. During that hearing, attorney Hilder uttered speech that tended to "mteIfere with th.e kQ1lU's,..Je..citimlili< exercise of its rl0wer in dec.iding issues of fact or question of law" when Hilder attempted to Page 3 of5
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MARSHALL DAVIS BROWN

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mislead the Discovery

Master relative to questions Hilder had propounded

to e. deponent as

demonstrated by all excerpt for the Statement of Fats of that hearing which is marked as Exhibit A, attached hereto, an incorporated herein as if setforth verbatim.
8. M.G.B.

should be sanctioned

for taking

this Court's

time away from its

constitutionally

proscribed

purpose to deal with such a frivolous motion as "Respondent and

Third Parties' Motion for Sanctions."

WHEREFORE
"Respondent's

PREMISES CONSIDERED RACHEL

BROWN prays

the

and Third Parties' Motion for Sanctions" be denied and that this Court take any

action it deems necessary to punish Philip Hilder for the filing of said groundless motion and for

such other relief as may be available at law and in equity. Respectfully submitted,

PA~LAS B
}i~-J-r.--

&YORKL.L.P. .
I

State Bar No. 03153550 3040 Post Oak Blvd. Suite 1020 Houston, Texas 17056

LAW OFFICE OF .

(713) 222~2S00 (713) 961-1209 [Facsimile] Attorneys for Petitioner) R.B.

ROBERT S. HOFFMAN, P.L.L.C. ROBERT S. HOFFMAN
State BarNo. 09788350 6575 West Loop South) Suite 496 Bellaire, Texas 77401~3521

(713) 333-8353
(713) 333-8359 (Facsimile]

Co-Counsel for Petitloner, R.B.

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NOTI!=,E OF HEARINJi "
PLEASE TAKE NOTICE that a hearing on the foregoing Response has been set for hearing at~_ a.m.rp.m, n Tuesday, May 15~2012 in the 3091h District Court, Harris County, o
"

~~.

Marshall Davis Brown, Jr. kERTlFICA

tEnQl SERVICE
with the Texas

I hereby certify that the foregoing motion was delivered in accordance Rules of Civil Procedure on this _"_day
Mr. Robert C. Kuehm He Rpd De1lJ!EY. C. KUEm.t:P.C. 8441 Gulf Freeway, Suite 600 Howton, Texas 77017 For Respondent
ROBERT

of May, 2012 to the following:
HILDER & ASSOC1A TES, P .C.

Mr. Philip H. Hilder VIe Hand. Dellvea

819 Lovett Boulevard Houston, Texas 77006-3905 For Third Party Respondents:
Sllperiol" Veblcle Leal!llng

Teus H.nd Therapy Centet, Inc.
d/b/a The Hand Center C8gtleman~ Ine,

Brown Medlclll Center, Inc.

Co., Inc.

Llonheart Company., Inc. MO Brown International, LLC MG Brown Investment Group, LLC
Prnrentals, Inc.

Ms, Mary-Olga Lovett
GREENBERG TRAURtO~

f1p Htind

DeU,v,ezy

Ms. Claudia Canales
LAW OffICE. OF CLAUDIA 2112 Grand Blvd.
CANALES

1000 Louisiana, Suite 1700 Houston, Texas 77002 For Third Party Respondent,
BHCF,LLC

L.L.P.

P .C.

Pearland, Texas 77S81 Via .Facslmlle:J)._81J IV-7Ui

& EtM!l

Page 5 of5

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MARSHALL DAVIS BROWN

PAGE

07/10

44
III!

~'ft.I01 "'~. "'. M,O,B., ... 1I.*iil-etLI_rv lI..

ril\lj]'

"I;. I'I.l, CJo.N'DI:ilOll~Dl~7ii1, .r~ N'tII:il012[]4~:I-DOl-R - Yol, I, 41~jI!g.Ol~, T~..., I:?'IJMI'D..I~, 'I'c-t... l r.;pl.r~"~

1

2 3 4

MR. INDELICATO;
MR. HILDER:
NOW,

Mr. Hilder, go ahead.
I

wou.ld say

1

it S
I

absolutely mischaracterized

what counsel said .. First of

5
6
7

all what he read. I didn't ask if he'e ever been -- r can see that for a minute?
'·MR. BROWN: Look through It's t.ha whale thing.

8
9
10128

yellow highlighted. MR. HILDER: He said ~- for instance, I I wasn't ~eferring
He made it up.

10 11 12 13 14 15 16

asked if he had ever been $usp~nded.
to school.

I think. he put it in here.
MR. BROWN:

You asked about Alvin College.

MR. HILDER: suspe.nded.

I asked has he. ever been

MR. INDELICATO~ transcript.

Let

me see the depo

We'll get to the bottom of who's telling me

17
18 19
lO:28

t.hetruth and who is Dot right now. MR. BROWN: before you hand it to him.
MR. INDELICATO: Mr. Hilder

Please don't close it again

20

21

MR. HILDER:

Yes, sir. -- let me see.

22
23

MR. INDELICATO:
MR. HILDER!

What page is it on, sir? I don't know yet. I jU$t

24 25
got it.
It'S

MR. INDELICATO:

on page 100, looks like line 13.

T: 713.496.3344

schedule@brazilco.net

BRAZIL

& COMPANY

F:

713.49

05/11/2012

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MARSHALL DAVIS BROWN

PAGE

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45

1 2 3 4 5 6 7 8
9
10:29

"Was that high

school

Or Alvin

ccmrnundt.y

College?" "Thatts

the question. yet.

I don't know who's

asking that question

MR, HILDER: question?

What was the preceding

The preceding question was -MR.

INDELICATO:
It

"Have
oS

you ever been
It says

suspended from school?
by "M:t:'.

That'

your question.

Hilder.

l'
II

"Have you ever been,

and it says

--

10
11

there's a dash -- and then it saysl
suspended

"Havs you ever been

from school?"
MR. HILDER
=

12 13 14 15 16 17 18 19
10:.29

What ~s the line of

que$tioning before that? MR. INDELICATO: MR. HILDER:
Where you worked.

Yes, it was referring
relevant

to the

flight school, which was perfectly
,

because

we're talking about 'pilots and the line of questioning that -MR. INDELIC1!.TO! You

didn't say "flight
,

20
21

school."

You said,

'IHave you ever be!em suspended

from

school?t1 MR. HILDER~ It was understood because

22
23 24 2S why was the

that was line of questioning that was -..:
MR. INDELICATO: If
Il,8Xt

it was understood

then

quel:lt.ion. "Wl:lfil that high school or

T:

713.496.3344

BRAZIL & COMPANY "schedule@brazilco.net

F:

713.496,3341

05/11/2012

15:35

7139511209

MARSHALL DAVIS BROWN

PAGE

09/10

46
I'fiIIet
:n"I ....."

l.',
'1'11'1

v , I'II_D.IiiI •• ~~ .fIl. 'C'IHl:l¥tlry l'f'lof'l:r1:n'i!' n ""~,

J,

er.tIO.!JDll-al2'1~, .:r.e.b Nelil[]~l(J"';n:-~(lt,-R. II:I~/:I:IU, ,.,."'''" "roy1~"i'I't'CI, p. •• ~ 1'1I1fI1.:i5i

1 2
3

Alvin Community college?" "Was that
question. college?U I'Was that high school
tl -

that

t

S

your

high school or Alvin community"

4 5 6
7

SO let me ~~ let's get the :t"ecord straight.

Mr. Brown did not mislead me just now. You did.
MR. HILDER:
",

No.

I was not misleading

8
9
10~JO

you.
MR. INDELICATO: those questions. was not. You said you did not ask It

10
11

And it was taken out of context.

"Nas that high school or Alvin Community That
t

12 13

college?"

S

nothing a,bout flight school.

nWas

that high school?" MR. HILDER~ High school. It may have

14
15 16
"17

been flight school. not high school I flight school. That may be a mistake if we go back and listen to the
record because

that, sir. is what I was referring to,

18

flight school. not high school.
MR. BROWN~ right there. COURT REPORTER: Well, it's on my Wel11

19
20

the court reporter is

21 22 23
24

computer

I

Mr. Hilder.

Let's bring "it up right now'.

Let's pull up the audio right now. MR. INDELICATO: up to see w~at you said? YOu want her to pull it school at

25

Is there ,a flight

T: 713.496.3344

s~hedule@bra2ilco.net

BRAZIL & COMPANY

F: 713.496.3341

05/11/2012

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MARSHALL DAVIS BROWN

PAGE

10/10

I I I I I I, I

47
U"t.I('I1 ~,",
.. 1IWI.1'aII '1'. 'M.Q.II.., !lha.w.lEJ' ~Hrl."R'

.. e;

!til,

_ Vol.

CM'DI~DH-,n!:t'i'ij ~Dh N'tIl::!(JUD04:i1J.ntll-rI J. 1II~~'JI(~qil..:I. "f'uCI",",TrmrtLI(JM"'=I, 'rac.1Il J'In:pHII,~II.::1

1

Alvin Community College?
MR. HILDER: NO, there isn't. These were

2 3 4 5 6 7 B

pil,ots we were ta.lking about?
MR. INDELICATO; If there's no flight

school at Alvin Community College, then you sure
wouldn't have been saying "Was that
";I;

light

school. Or Alvin,

If

It

would

have been, college?"

high school

Community

JUst like it's transcribed. Anything else?

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