Based on your previous advice I will file a "Motion to Compel" regarding the requests I have made. You mention a "Request for Admission" regarding the emails. Wouldn't I attach the email to the motion as evidence, or do I do it as two steps?
Below are the emails I wish to admit:
"From: Marco Loretto [[email protected]
Sent: Wednesday, November 30, 2011 12:29 PM
To: XXXXX XXXXX
Subject: RE: Case No.:11-20964 FC 38
Case No.:11-20964 FC 38
It is good to know you actually read my emails. Seeing that you do not reply to these emails I would ask that you respond to them as I have clearly been asking you important questions.
I have had many legal issues, and I am confused by your request for me to do exactly what I have been doing. You don’t reply to the emails I send.
As far as your time being devoted to my requests? You need to devote SOME time, I am to be treated as opposing counsel, not ignored. And I will continue to email my request, then call to get a reply, then call again until I get a reply, and then file a motion to compel which will include the disregarded requests. Feel free to try as far as billing me for your assistant’s time. I am not calling to discuss personal issues or waste time, I am calling for specific hearing related issues, scheduling, etc. Again, if your client has paid you to do your job, and I am going pro se
, you need to communicate with me as part of your obligation to your client.
You should know that since I paid a lawyer to get me to mediation I am now disqualified from getting a free court appointed lawyer. I must now go onto an online informational service to follow proper protocol. I am doing all I can do to show the court the respect of doing things properly, and I would expect you to give me the respect of not ignoring me. It has been suggested to me that this is a tactic called “trial by ambush”. An old school tactic that makes the other side jump through hoops to get any information. I would appreciate that you cease this tactic whether intentional or not.
And most importantly, please feel free to record all my calls as I have not once been abusive or used abusive language with your secretary. Your accusation is nothing more than posturing for the court. I started our dialogue respectfully XXXXX XXXXX a positive attitude and you have not kept up your obligation to communicate with me. I’m sure that once my previous emails are filed it will be clear that I have been thoroughly ignored by you.
So once again:
-I am looking to depose your client on January 2nd. Please provide a time.
-I am asking for the release of the marriage counselor notes. These will speak to the accusations of domestic violence
As much as it is embarrassing to me to run to the court every time you ignore me, I will be filing a motion to compel if you do not reply.
CC: Court file
From: Promise Blombergh [[email protected]
Sent: Wednesday, November 30, 2011 11:30 AM
Subject: Case No.:11-20964 FC 38
ROBERT I. SPIEGELMAN
ATTORNEY AT LAW
912 BISCAYNE BUILDING
19 WEST FLAGLER STREET
MIAMI, FLORIDA 33130
TELEPHONE: (XXX) XXX-XXXX
FACSIMILE (XXX) XXX-XXXX
Dear Mr. Loretto
Please be advised that I read all of your communications and e-mails sent by you to me.
If there is a present legal issue, I would appreciate you sending me an e-mail outlining, the issue and I will address it with my client and give you an appropriate and timely response. I cannot devote time daily to speaking with you, even though you are Pro Se. If you insist and continue to call my Secretary daily on personal issues between yourself and my client, I will be compelled to keep time sheets and submit an application for fees from you.
More important, please conduct yourself in a professional manner and cease immediately from abusive language to my Secretary. Please govern yourself accordingly.
Robert I. Spiegelman Esq.
CC: Court File
Case No.:11-20964 FC 38"