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, MINOR CHILDREN § IN THE DISTRICT COURT
§ § § § § § § §
OF HARRIS COUNTY, TEXAS
309th JUDICIAL DISTRICT
AND THIRD-PARTIES' MOTION FOR SANCTIONS
COME NOW, Respondent Michael G: Brown, Third-Parties Brown Medical Center, Inc., Superior Vehicle Leasing Company, Inc., Texas Hand Therapy Center, Inc., d/b/ a The Hand Center, MG Brown International, L.L.c., MG Brown Investment Group, L.L.c., Prorentals, Inc., Lionheart Company, Inc., and Castlemane, Inc. (collectively, "the Corporate Third Parties"), and Third Party BHCF, LLC, and file this their Motion for Sanctions, and would respectfully show the court as follows: I.
At all times material hereto, Petitioner Rachel Brown has been represented by Marshall Davis Brown, Jr., and Robert S. Hoffman. The undersigned counsel are attorneys representing Petitioner Michael Glyn Brown, the Corporate Third Parties, and BHCF, LLC respectively. On multiple occasions throughout the pendency of this lawsuit, female Counsel have been subjected to extreme, outrageous, and sexually-inappropriate statements made by opposing counsel, Marshall Davis Brown, Jr. Such statements go far beyond the bounds of "typical" opposing-attorney banter and have escalated in recent months. The comments, all made at depositions or hearings and/or incident to counsel's representation of their respective clients, have been unrelenting, and because of the extraordinary nature of these insults, the Moving Counsel now take the admittedly extraordinary step of seeking this court's intervention prior to the upcoming May 15 hearings, in order to ensure that these tactics do not affect their representation, nor further demean the integrity of this Court or these proceedings. A non-exhaustive • list of Mr. Brown's incendiary comments are as follows:
Referring to a female attorney as a "cunt," a "flat-chested bitch," and a "dumb shit";
Telling a female attorney that he "has never been so embarrassed woman"; Asking a female attorney if she wanted lumps"; him to "examine
of a white
her breasts for
• • •
Referring to a female attorney as working for an "escort service"; Suggesting to a female attorney that he and she «share a hotel room"; and Referring to a female attorney as a "bitch" and saying of her, "Daddy like .... "
In their combined 56 years of practice, the female attorneys have never been in a similar position, and, frankly, they have each attempted to deal with this issue without success. Each is an experienced trial attorney, and each has considered herself capable of dealing with even the most combative opposing counsel on legitimate substantive issues. Mr. Brown's conduct, however, is simply beyond the pale, and the female attorneys, as officers of the court, have made the 'collective decision to seek this court's assistance. Male attorneys for M.G.B., the Corporate Third Parties, and BHCF, LLC, join in support of their female colleagues. Mr. Brown is fully conscious and aware of the inappropriate nature of his comments, and he makes them repeatedly in an intimidate or harass opposing counsel on the basis of their gender. . the integrity of the judicial process and is an unfair, egregious and conduct. Moving counsel should be able to do their jobs without sexually-explicit verbal volley from Mr. Brown. and inherently harmful attempt to improperly This conduct demeans inappropriate course of constantly bracing for
The Texas Lawyer's Creed provides that an attorney in Texas should not engage in "antagonistic or obnoxious behavior." The Creed also admonishes lawyers not to make "disparaging personal remarks" to opposing counsel. Courts have an inherent power to use sanctions to discipline attorneys when appropriate. See Lawrence v. Kohl, 853 S.W.2d 697, 700 (Tex.App.-Houston [1st Dist.] 1993, no writ). Moreover, a trial court has the inherent power to sanction a party for an abuse of the judicial process even when the party's conduct is not covered by a specific rule or statute. In re Bennett, 960' S.W.2d 35, 40 (Tex. 1997) (per curiam); Houtex Reac!J Mix Concrete & Materials v. Eagle Constr. & Envtf. Servs, L.P., 226 S.W.3d 514, 524 (Tex. App.-Houston [1st Dist] 2006, no pet.)(citing Island Entm't, Inc. u: Castaneda, 882S.W.2d 2, 5 (Tex. App.-
F:IClientslBrown,Michaelil'leadingsiMotion for Sanctions 514/2012
Houston [1st Dist.] 1994, writ denied)). This inherent power allows trial courts to impose sanctions to the extent necessary to deter, alleviate, and counteract "bad faith abuse" of the judicial process. Bad faith is more than bad judgment or negligence. See Elkins v. StottsBrown, 103 S.W.3d 664, 669 (Tex. App.-Dallas 2003, no pet.); Campos v. Ys!eta Gen. Hosp., Inc., 879 S.W.2d 67, 71 (Tex. App.-El.Paso 1994, writ denied). To show bad faith, the moving party must present evidence of conscious wrongdoing for a dishonest, discriminatory, and/or malicious purpose. See MattIJ v. Spiegel, Inc., 19 S.W.3d 890, 896 (Tex. App.-Houston [14th Dist.] 2000, no pet.). Based on the foregoing evidence, there can be no question consciouslYengaged in bad-faith conduct for a discriminatory purpose. attributable to his client, but rather, to Mr. Brown alone. III. that Mr. Brown has This conduct is not
WHEREFORE, premises considered, in advance of further proceedings in this case, Moving Counsel respectfully ask that this court enter an order: • Admonishing counsel; Mr. Brown from making sexually-based remarks to opposmg
Admonishing Mr. Brown not to make disparaging remarks based on gender in the course of his representation; Directing Mr. Brown to make a $1,000 donation to the Houston Area Women's. Shelter (or other appropriate charity of the court's choosing) as a sanction for his conduct; and For such other and further relief as the court deems necessary.
F: \Clients\Brown, Michaelsrleadings'Mouon 51412012
Respectfully Submitted, LAW OFFICES OF ROBERT C. KUEHM,
Is! Robert C. Mehm
ROBERT C. KUEHM State Bar No.: 11752400 ROBERT IAN KUEHM State Bar No.: 24056965 8441 Gulf Freeway, Suite 600 Houston, Texas 77017 Telephone: (713) 861-6166 Facsimile: (713) 230-2221 and
Is! Jeanne Caldwell McDowell
Jeanne Caldwell McDowell State BarNo.: 00789194 603 Avondale Houston TX 77006 Telephone: (713) 655-9595 Facsimile: (713)-655-1725 ATTORNEYS FOR MICHAEL G. BROWN GREENBERG TRAURIG, L.L.P.
Mary-Olga Lovett State Bar No.: 00789289 Paul J. Brown State Bar No. 24006913 Nicholas G. Grimmer State Bar No. 24065331 1000 Louisiana, Suite 1700 Telephone: 713.374.3500 . Facsimile: 713.374.3505 Email: firstname.lastname@example.org Email: email@example.com Email: grimmer@gtlaw .. om c
F: \C/ientsIBrown, MichaellPleadingslMotion!or 5/4/2012
ATTORNEYS FOR BHCF, LLC HILDER & ASSOCIATES, P.e.
Is I Philib H. Hilder
ATTORNEYS FOR THIRD PARTY RESPONDENTS: BROWN MEDICAL CENTER, INC; SUPERIOR VEHICLE LEASING COMPANY, INC.; TEXAS HAND THERAPY CENTER, INC. D/B/A/ THE HAND CENTER; MG BRO\X7N INTERNATIONAL, L.L.c.; MG BRO\X7N INVESTMENT GROUP, L.L.c.; PRORENTALS, INC.; LIONHEART COMPANY, INC.; AND CASTLEMANE, IN e.
NOTICE OF HEARING
PLEASE TAKE NOTICE that a hearing on the foregoing Respondent's and Third Parties' Motion for Sanctions is set on May 15, 2012 at 9:00 a.m. in the 309th Judicial District Court of Harris County, Texas locatedat 1115 Congress Houston, Texas 77002.
F: \Clients\J3rawn, MtchaebPleadings'Motion for Sanctions 5/412012
Page 5 of6
CERTIFICATE OF SERVICE
I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on May 4,2012. Marshall Davis Brown, Jr. PAVLAS, BROWN, L.L.P. 3040 Post Oak Blvd., Ste. 1Q20 Houston, Texas 77056 BY HAND DELIVERY AND FACSIMILE Jedediah D. Moffett Attorney at Law 801 Congress Suite 400 Houston, Texas 77002 BY FACSIMILE Robert S. Hoffman Law Office of Robert S. Hoffman, P.L.L.C. 6575 West Loop South Suite 496 Bellaire, Texas 77401 BY FACSIMILE Claudia Canales LAW OFFICE OF CLAUDIA CANALES, P.C. 2112 Grand Blvd. Pearland, Texas 775.81 Amicus Attorney BY FACSIMILE
lsi Teanne Caldwell McDoweil
Jeanne Caldwell McDowell
F: IClientslBrown, Michael'Pleadings'Motion
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FILE LIST (MAY. 4.2012
FAX HEADER 1 FAX HEADER 2 FILE TIME 9902 MODE
o PTI ON
ADDRESS G3 G3 G3 :97139611209 :97133338539 :97133335801
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3:44PM MEMORY TX
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