In The District Court
Jefferson, County Texas
58th District Court
Bob Wortham, Honorable Judge
Civil No. A-180805
Louis Charles Hamilton II
Plaintiff
Vs.
Joyce M. Guy
Edward McCray
Defendant(s)
Motion for Sanctions and Motion for Contempt of Court
Comes Now the Pro Se Plaintiff, Louis Charles Hamilton II,
Appearing in this Cause No. A-180805
Moves the Honorable Court for a Joint Order for Sanctions and Contempt of a Court Order being entered into the records against Defendants (Guy and McCray) collectively herein and for Cause Plaintiff will show as follows:
1. The Plaintiff set a hearing before the Honorable Court on 9/11/2009 to Compel Discovery evidence and responses to initial Disclosure Request.
2. The Honorable Court Ordered, Adjudged, and Decreed those Defendants through their Attorney of record (Freeman) must answer and respond to the request for production propounded by the Plaintiff by the Court ordered date of November 6th 2009,
To produce all Discovery Materials as stated in the Plaintiff Motion for Discovery, and supply answer(s) as stated for in Plaintiff Initial Disclosure request.
Which the Honorable Court granted and or Ordered an extended amount of time of approximately (60) day’s for Defendant(s) Collectively through counsel to produce said Court Ordered Discovery request(s) with time running from 9/11/2009 through 11/06/2009. As described in previous Order of the Court filed and attached to the court records therein.
3. The Attorney of record and Defendant(s) Collectively boldly refuse the Honorable said Court Orders as of this undersign date with the clerk of court records, files and transcripts standing as evidence of these facts no Production of document(s) having been produce .
4. as a direct result of the actions of both former Counsel of Record (Freeman) and Defendant(s) (Guy and McCray) Collectively Bold refusal of Said Honorable Court Orders,
The Pro Se Plaintiff has suffered the Following:
1. Additional (90) day’s time lost and wasted in this civil action on a discovery that was order to be produce by the Defendant(s) and their former Attorney of record which is intentional and directed at among other things the Plaintiff lawful discovery request already achieved before the Honorable 58th District Court,
Notwithstanding facts, the original sanction on file already filed against Attorney of record for Bad Faith tactic in his bold refusal of over a year plus period of period to even simply reply to say discovery request(s) and the hostile actions involved in this previous period directed at the Plaintiff.
2. Cost of Travel to Beaumont Texas, for an additional Court hearing on this matter alone, plus room and board for (2) night hotel accommodations in Beaumont Texas,
which the Plaintiff lives Now outside of Jefferson County, Texas for Plaintiff safety away from Defendants (Guy and McCray) and counsel of record (Freeman) herein.
3. The Plaintiff further being detained and not able to have possession of his own construction tool’s with a Employment Construction lost pay rate at $58.00 per hour and active loss since November 17th 2007 and this is January 27th , 2010 with the additional excess of (90) days added in the Plaintiff further being detained from his construction trade
And the Plaintiff further being kept from his trade & Tools throughout the dates of February 16th 2010
And the Plaintiff like to point out facts that this action commence on the 26th day of November of 2007
4. The Plaintiff Construction Picture(s) portfolio and blueprints being destroyed and not produce by the Defendant(s) as additionally Order by the Court for Defendant(s) herein to do so,
With a cost of blueprints at $3,500
And the Photo’s being priceless.
5. The Plaintiff incurred additional legal expense for Consultation Attorney’s Fees with the Harris Law Firm at the cost of $225.00 per hour @ (2) hours for a total of $450.00 for the Plaintiff consultation involving a additional Attorney aiding the Plaintiff understanding in Plaintiff claims of underhand tricks/delays and Bad faith tactics by both the Attorney of record (Freeman),
In addition, Defendants (Guy and McCray) actions in all aspects of this action “primary” turning over already ordered discovery materials request which the Plaintiff already obtain on his own accord without an Attorney aid.
6. The Plaintiff continue to suffer Mental Anguish & Distress in dealing with (among other things) this additional matter in still trying to proceed lawfully before his Honorable Court, and obtain favorable discovery materials to support the Plaintiff Claims in this action.
Wherefore the Plaintiff moves the Honorable Court for the Following:
1. The Plaintiff being awarded Compensation for travel cost and hotel accommodations in excess of ($280.00), with further award for cost of Attorneys legal fees ($450.00), and further compensation for loss Blueprints in excess of ($3500.00);
2. The Plaintiff further being awarded Compensation for lost of Pictures Portfolio in an amount determined by this court since the Plaintiff is unable to put a price on such a priceless and wrongful lost.
3. The Plaintiff being awarded compensation for lost of time from 9/11/2009 throughout 2/16/2010, which the Court granted Defendant such, a period to produce said discovery and said defendants having way gone over the time allotment of November 6th 2009 to produce said discovery request to the Plaintiff
Award in an amount of the Plaintiff construction pay rate of $58.00 per hour x 8 hours per day = 464.00 per day x the present date of 2/16/2010
4. The Plaintiff being awarded compensation for time lost from 11/06/09 throughout December 11th 2009 at the same rate as described in paragraph (3) above;
5. The Plaintiff being Awarded Punitive/Exemplary damages for the additional mental Anguish and Emotional distress being placed upon the Plaintiff (Hamilton) in this action for the Defendants (GUY and McCray) acts and actions in refusal of turning over all discovery request after Plaintiff obtain said Court Order for Defendants to do so, As described above,
To include but not limited to Plaintiff unwanted additional waste of time in this Civil Action at the hands of the Defendants.
6. The Honorable Court hold the Defendants Collectively (Guy and McCray) in contempt of Court and fine accordingly;
In addition, said Defendant(s) Order to stay in Jefferson County Jail until all of the document(s) previously requested having been produced.
7. The Plaintiff will produce additional facts, exhibits and evidences during open court oral arguments.
7. The Plaintiff being awarded any and all other monetary awards, and or civil fines the Court Deems Just and proper on the behalf of the above Pro Se Plaintiff in this action.
Dated the _______ day of __________, 2010
By, ____________________________
Louis Charles Hamilton II
Pro Se Plaintiff
P.O. Box, 20126
Houston, Texas 77225
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