Saturday, October 24, 2009

On City's Motion to Disqualify Attorney Stamp from Representing Jane Miller: Judge Hayes to Review City's Documentation 28 October 2009

UPDATE:
Sex Plot: Carmel’s alleged harassment case thickens, goes international, Kera Abraham, MONTEREY COUNTY WEEKLY, October 29, 2009
The latest developments in the Miller, Jane Kingsley vs. City of Carmel-by-the-Sea lawsuit (M99513) involving "suspected retaliation, a judge's reproach, mounting legal bills and after-hours phone calls."

ABSTRACT: On Friday morning, 23 October 2009, the City’s Motion Hearing to disqualify attorney Michael Stamp from his representation of on-leave Human Resources Manager Jane Miller was conducted in the Courtroom of Judge Larry Hayes in Salinas. A summary of the proceeding and an ADDENDUM consisting of a link to the article, ‘Judge scolds Carmel for withholding documents in harassment case: City withheld documents from employee's lawyer in harassment case,’ from The Monterey County Herald, are presented. In June 2009, Miller, Jane Kingsley vs City of Carmel-by-the-Sea (M99513) was filed in Monterey County Superior Court alleging sex-based and age-based discrimination, sexual harassment and retaliation in the workplace.

On Friday morning, 23 October 2009, the City’s Motion Hearing to disqualify attorney Michael Stamp from his representation of on-leave Human Resources Manager Jane Miller was conducted in the Courtroom of Judge Larry Hayes. In his introductory remarks, Judge Hayes stated he was disappointed that the City withheld documents pertaining to their contention that attorney Michael Stamp should be disqualified due to his previous legal relationship with the City and the confidential information he has as a result that could assist him in representing his current client, Jane Miller. Moreover, Judge Hayes stated that he was disinclined to grant the City’s motion because the City failed to file lawsuits to disqualify attorney Michael Stamp from representing any of five other city employees previously who had filed claims against the City over the past six years.

Attorney Suzanne Solomon, Liebert Cassidy Whitmore, stated the city withheld the 106 pages because "Mr. Stamp has already breached his fiduciary duty and we're not inclined to give him documents that are 24 years old to refresh his memory."

Judge Larry Hayes disagreed with that assessment.

Later, Judge Larry Hayes asked attorney Suzanne Solomon how long it would take the City to compile the documentation. To which attorney Suzanne Solomon stated she had the documents and the Judge could review them that day. Judge Hayes stated his would not be able to review them that day and decided to set the date of Wednesday, 28 October 2009, to view the documents in his chambers. He further scheduled another court date of Friday, October 30, 2009 at 8:45 A.M. After hearing arguments Judge Hayes will issue his ruling.

ADDENDUM:
Judge scolds Carmel for withholding documents in harassment case: City withheld documents from employee's lawyer in harassment case, VIRGINIA HENNESSEY, Herald Salinas Bureau, The Monterey County Herald, 10/24/2009

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