The Petulant Child

The Petulant Child

On August 10, 2016 I had a 9C conference with Mr. Gaffney. The meeting was supposed to be a deposition of TurtleBoy and Aidan Kearney. Neither of them appeared and I will have to get the Court to compel their appearance. 

Mr. Gaffney being the Plaintiff has the right to attend the depositions and cross exam the Witnesses. Since the Witnesses did not appear, Mr. Gaffney did not have the right to speak, but speak he did.

I asked him when he would provide the Answers to the Interrogatories as Judge had ordered. He did not provide a date certain nor did he provide an estimated date. Instead he called me a "petulant child". There were two witnesses to this inappropriate behavior by an officer of the Court.

Mr. Gaffney continued his ridicule by continually saying "Do you know what you are doing?".

In response to the non compliance to the Court rules I have moved the Court to order his Answers forthwith. I also made the Court aware of his inappropriate and unprofession behavior. See below.

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                                                                                                                                                                                                                                                                                                                                                                                      COMMONWEALTH OF MASACHUSETTS

                                                                                                                                              WORCESTER,          SS                                                     SUPERIOR COURT                                                                                                            16-0288 B

                                                          

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Michael Gaffney, Plaintiff                      *

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                             Vs.                                   * 

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Gordon T. Davis                                       *                                                                                           InCity Times                                                *

Rosalie Tirella                                            *

Defendants                                                 *                                                                                                                                                               

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DEFENDANT GORDON T. DAVIS’ MOTION TO COMPLE PLAINTIFF TO PROVIDE A DATE CERTAIN OR ESTIMATED DATE  FOR HIS ANSWER TO COURT SELECTED INTERROGATORIES

The Pro Se Defendant Gordon T. Davis respectfully requests this Court to compel the Plaintiff Mr. Gaffney to provide a date certain in compliance with the Court Order by Judge Tucker re-answering the allowed Interrogatories

Background

1.    Judge Tucker on July 28, 2016 has ordered the Plaintiff to answer the allowed Interrogatories (Exhibit 1)

2.   On August 10, 2016 the Defendant Gordon T. Davis met in person with the Plaintiff. The Plaintiff refused to provide any date for the Answers to the Court ordered found in Exhibit 1.

3.   At the same meeting when asking for a date certain from the Plaintiff, the Defendant was called a “petulant child”. This was witnessed by the Defendant’s wife and another witness.

4.   The Plaintiff Mr. Gaffney continued his inappropriate behavior by ridiculing and shaming the Pro Se Plaintiff by continuously saying “Do you know what you are doing?”

Argument

5.   The Plaintiff was served with Interrogatories on My 4, 2016. He had over 90 days to prepare his Answers.

6.   The Plaintiff has refused to provide a date certain or even an estimate for his provision of Answers.

The refusal to provide a certain date is adversely affecting the Defendant’s ability to conduct discovery and the preparation of his defense.

The Plaintiff being an officer of the Court should not be allowed to play fast and loose with the Court rules and orders.

7.   The Plaintiff as a Court officer has conducted himself in an  inappropriate manner by name calling and ridiculing the Pro Se Defendant.

Conclusion and Relief

The Pro Se Defendant, Gordon T. Davis, respectfully asks the Court to order the Plaintiff to provide the Court ordered Answers.

The Pro Se Defendant, Gordon T. Davis, also requests that the Court caution the Plaintiff Mr. Gaffney (who is an attorney) about appropriate behavior in a Court proceeding.

 Respectfully submitted

Gordon T. Davis

Pro Se Plaintiff