Today, after hearing oral arguments from Suzanne Solomon, attorney for Defendant/Respondent City of Carmel-by-the-Sea and Michael Stamp, attorney for Plaintiff/Petitioner on-leave Human Resources Manager Jane Miller, Judge Larry E. Hayes denied the City’s motion to disqualify attorney Michael Stamp from representing Jane Miller in her lawsuit against the city alleging age-based and sex-based employment discrimination, sexual harassment and retaliation. Highlights include, as follows:
• Judge Larry Hayes found “extreme delay causing extreme prejudice.”
• Judge Larry Hayes characterized the claims of City Administrator Rich Guillen, and especially the claims of City Attorney Don Freeman, regarding attorney Michael Stamp's representation of city employees, “disingenuous.”
• Between 2003 and 2008, when attorney Michael Stamp represented four senior management employees, the City never even suggested to him a “conflict.”
• Attorney Michael Stamp’s legal advice to the City regarding the City’s sexual harassment policy was limited to making comments on the policy about 15 years ago. Moreover, that sexual harassment policy has since been superseded by another sexual harassment policy written by another attorney.
• The destruction of certain records by the City was with the knowledge and approval of City Attorney Don Freeman.
• Judge Larry Hayes underscored the disparate financial resources of the City compared to one, lone petitioner.
Lastly, Judge Larry Hayes scheduled the Case Management Conference for April 2, 2010 @ 8:45 A.M., Department 4.
NOTE: Official Court Minutes as soon as available.
COMMENT:
• In filing its motion to disqualify attorney Michael Stamp from representing Jane Miller, the City succeeded in delaying the legal process by three months thereby ensuring a hearing date post-Municipal Election 2010.
ADDENDUM:
Judge rejects Carmel's motion to disqualify attorney in Jane Miller case. Dec. 18, 2009 / Kera Abraham
Judge rejects Carmel's motion to disqualify attorney
Calls effort an attempt to derail harassment suit
VIRGINIA HENNESSEY, Herald Salinas Bureau, 12/19/2009
1 comment:
This lawsuit, along with the other 2 lawsuits, gives us insight into what city officials have not wanted us to know about the city. When is comes to city business, there is no transparency, we are only told what they want us to know and the media spins along with them.
Post a Comment