Wednesday, November 04, 2009

UPDATE: City's Motion to Disqualify Attorney Michael Stamp from Representing On-Leave Human Resources Manager Jane Miller

ABSTRACT: A synopsis of the events which occurred at the Motion Hearing on Friday, 23 October 2009, Courtroom 4, Salinas Courthouse, Monterey County Superior Court Judge Larry Hayes presiding is presented. Judge Hayes scheduled a date for another Hearing on the City’s Motion to disqualify attorney Michael Stamp from representing his client on-leave Human Resources Manager Jane Miller in her lawsuit (M99513) for Friday, 18 December 2009 at 8:45 A.M in Courtroom 4, Salinas Courthouse.

On the morning of Friday, 23 October 2009, the Motion Hearing involving the City’s Motion to disqualify attorney Michael Stamp from representing on-leave Human Resources Manager Jane Miller in her lawsuit against the City alleging age-based and sex-based discrimination, sexual harassment and retaliation was conducted in Courtroom 4, Judge Larry Hayes presiding.

After a pre-motion conference with attorneys Suzanne Solomon representing the City of Carmel-by-the-Sea and Michael Stamp representing his client Jane Miller, Judge Larry Hayes made several decisions, including, as follows:

Judge Larry Hayes stated that an attorney having a “substantial relationship” with the City for ten years does not necessarily merit disqualification from the case.

Judge Hayes ordered the City to make the 106 pages of documentation which allegedly supports the City’s motion to disqualify attorney Michael Stamp from representing Jane Miller available to attorney Michael Stamp; the City had previously withheld the documentation from attorney Michael Stamp.

Judge Hayes scheduled deadline dates in November and December for briefs involving justification by the City as to why it delayed the request for the disqualification of attorney Michael Stamp when attorney Michael Stamp had advised the city of his representation as early as May 2008 and briefs on the concepts of “prejudice” and “extreme prejudice” with respect to disqualification.

Judge Hayes vacated the date for the Case Management Conference and scheduled a date for another Hearing on the City’s Motion to disqualify attorney Michael Stamp from representing his client Jane Miller in her lawsuit (M99513) for Friday, 18 December 2009 at 8:45 A.M in Courtroom 4, Salinas Courthouse.

2 comments:

Anonymous said...

On the one hand, the city cites the waste of taxpayer dollars for litigation involving Flanders Mansion, but on the other hand the city's delaying the Jane Miller case is increasing the legal costs to Carmel taxpayers. It seems to me the city could have prevented all legal costs associated with Jane Miller if the mayor and city council had taken responsibility for the actions of the city administrator. Instead they pretended they did not have to take responsibility for Rich's actions and now the costs keep raising. A no confidence vote in the mayor and council for condoning Rich's actions and their handling of a city employee's claims against the city.

Anonymous said...

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