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KingCast Rule 57A notice to Franconia/Montminy counsel and former NH AG sidekick Dan Mullen: I'm filing a Motion for Contempt of Court on Monday.

By Christopher King

2 April 2008

Re: Your client's failure to provide Affidavits pursuant to Court Order in Grafton 07-E-268

[KingCast update] This apparently got their attention but why did it have to come to this? It's ridiculous I have to threaten contempt to get a simple answer to a request for compliance. The talismanic kabuki dance continues. His answer and my response are going into the comments section in comment #2.

Dear Attorey Mullen:

As you are aware, I am required to notify the Court regarding my Good Faith attempts to resolve non-case dispositive Motions such as the Motion for Contempt of Court I am about to file in this case. The Rocket Science post of 28 March 2008 was the last of several such attempts, and you and your client failed to respond. As noted in the comments, I asked you about this way back on 12 March 2008. The long version is here and the short version is here:

The Franconia Defendants must therefore undertake another search, since this search lacks indicia of reasonableness. In order to establish to the Court that the Town has undertaken an adequate, reasonable search, affidavits by any personnel involved in the search should describe the locations searched, as well as the terms and results of any computerized searches. After a reasonable and adequate search, the Court will be able to determine whether RSA 91-A was or was not violated, even if the documents cannot be found.

Your client doesn't need a month to respond to Judge Vaughn's Order and you failed to email me back with regard to your client's position as requested. Therefore I'll be studying Epping v. Harvey, 129 N.H. 688 (1987) and its progeny and working on the Motion throughout the day and it will be posted in a link at Scribd.com as I have precious little faith that your client will comply before Monday. Be aware that this may be a mixed-motive issue as the contempt has occurred outside the presence of the court and is being done both "in order to vindicate the integrity of the court" and "to vindicate the rights of the parties."

I did not engage in this litigation to have your client make a mockery of Judge Vaughn's substantive rulings. Town Administrative Assistant Sally Small already held Judge Vaughn's decision for a calendar week before presenting it to the Selectmen so this is a pattern of contumacious activity.

Very Truly Yours,

Christopher King, J.D.
On behalf of KingCast.net
In the Spirit of the First Amendment
In the Spirit of Liko Kenney and Mother Ann

Full post as published by Chris King's 1st Amendment Page on April 02, 2008 (boomark / email).