Plaintiff's Motion to Disqualify Davis and WIlkinson

No. 017-217971-06

ROGER K. PARSONS, INDIVIDUALLY § AND AS THE INDEPENDENT § ADMINISTRATOR FOR THE ESTATE OF § ESTHER ANN KARTSOTIS PARSONS, §

Plaintiff,

VS.

ROBERT M. GREENBERG; LEGAL SERVICES P.C., ROBERT M. GREENBERG, A TIORNEY;

ROBERTE.MOTSENBOCKER SHAFER, DAVIS, 0 'LEARY & STOKER, INC. f/kla SHAFER, DAVIS, MCCOLLUM, ASHLEY, O'LEARY & STOKER, INC.;

LISA A. BLUE BARON AS EXECUTRIX OF THE ESTATE OF FREDERICK M. BARON; BARON & BUDD, P.C.;

E. I. DU PONT DE NEMOURS AND COMPANY; CONOCOPHILLIPS flkla CONOCO, INC.;

RONALD WINDLE TURLEY; AND LAW OFFICES OF WINDLE TURLEY, P.C., a/kla TURLEY LAW FIRM, P.C.;

Defendants,

§ § § § § § § § § § § § § § § § § § § § § § § § § § §

IN THE DISTRICT COURT

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TARRANT COUNTY, TEXAS

17th JUDICIAL DISTRICT

PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON

TO THE HONORABLE MELODY M. WILKINSON, TARRANT COUNTY DISTRICT JUDGE:

Roger K. Parsons, Individually and as the Independent Administrator of the

Estate of Esther Ann Kartsotis Parsons ("Parsons" or "Plaintiff') asks the judge of the

court to disqualify Judge Fred W. Davis and herself from sitting in judgment of this case.

PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND MELODY M. WILKINSON - Page 1 of 20

I.

INTRODUCTION

1.01 Plaintiff is Roger K. Parsons ("Parsons"), Individually and as the

Independent Administrator of the Estate of Esther Ann Kartsotis Parsons ("Ann

Parsons").

1.02 Defendants are:

a. Robert M. Greenberg ("Greenberg"), and Legal Services P.C. Robert M. Greenberg, Attorney ("Legal Services"), referred to collectively as lithe Greenberg Defendants" herein;

b. Robert E. Motsenbocker ("Motsenbocker"), and Shafer Davis, O'Leary & Stoker, Inc. f/kla Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, Inc. ("SDO&S"), referred to collectively as lithe Motsenbocker Defendants" herein;

c. Lisa A. Blue Baron as the Executrix of the Estate of Frederick M. Baron ("Baron") and Baron & Budd, P.C. ("B&B"), referred to collectively as lithe Baron Defendants" herein;

d. E. I. du Pont de Nemours and Company ("DuPont") and ConocoPhillips ("Conoco"), referred to collectively as lithe DuPont/Conoco Defendants" herein; and

e. Ronald Windle Turley ("Turley") and Law Offices of Windle Turley, P.C. ("LOWf") alkla Turley Law Firm, P.C., referred to collectively as lithe Turley Defendants" herein.

II.

FACTS

2.01 This case is currently set for a jury trial beginning on October 26, 2009.

2.02 Plaintiff attaches hereto Exhibit A, Affidavit of Roger K. Parsons -

September 2, 2009, and Exhibit A-1 through Exhibit A-10 attached thereto, to establish

facts not apparent from the record and incorporates them herein by reference.


2.03 Plaintiffs former attorneys filed and prosecuted this lawsuit against the

Greenberg Defendants and the Motsenbocker Defendants for damages resulting from

their failure to timely prosecute fraud, breach of fiduciary duty and negligence claims

against the Turley Defendants; and to timely prosecute fraud on the federal court

claims, pursuant to FED.R.CIV.P. 60(b), against both the DuPontlConoco Defendants

and the Turley Defendants. The underlying "cases within the case" arose from the

discovery, in proceedings for a legal malpractice case against the Turley Defendants,

that the Turley Defendants had aided and abetted the Gardere & Wynne, L.L.P.

attorneys representing the DuPontlConoco Defendants in a conspiracy to defraud

Plaintiff and a federal court of evidence needed to decide the merits of Plaintiffs

wrongful death claims against the DuPontlConoco Defendants arising from the wrongful

death of Ann Parsons in the crash of a DuPont-owned and a Conoco-operated

corporate jet in Malaysia on September 4, 1991. The concealed and/or destroyed

evidence showed that the DuPontlConoco Defendants committed fraud against the

federal government before and after the jet crash, concealing evidence of the

companies' pilot's alcoholism and the companies' officers' subjective awareness of the

extreme risk of harm caused by the companies' officers' gross mismanagement.

2.04 In May 2007, when Plaintiff had his initial interview with M. Kevin Queenan

("Queenan") to take over the case, Plaintiff told Queenan that in addition to the claims

asserted in Plaintiffs Original Petition, Plaintiff wanted to hire a lawyer who was willing

to prosecute his claims against the Greenberg Defendants and the Motsenbocker

Defendants that arose from his lawyers' breaches of fiduciary duty and possibly fraud, in

not timely perfecting any of the legal claims that they had been hired to prosecute,


including an independent action, pursuant to FED.R.CIV.P. 60(b), that they

recommended Plaintiff prosecute seeking to set aside the final judgment in the

underlying federal case ("Parsons v. DuPonf') on grounds that newly discovered

evidence showed that the final judgment in Parsons v. DuPont would not have been

obtained, but for collaborative frauds upon the federal court that had been carried by the

DuPont/Conoco Defendants and the Turley Defendants.

2.05 In October 2007, after a five-month review of evidence the 117 file-boxes

of documentary evidence that Plaintiff provided to Queenan, Queenan filed Plaintiffs

First Amended Petition in this case adding breach of fiduciary duty, fraud and other

claims.

2.06 On February 14, 2008, Frederick M. Baron ("Baron") and Baron's wife,

Lisa A. Blue Baron ("Blue"), former Baron & Budd, P.C. ("B&B") President and Secretary

respectively, filed Entry of Appearance as attorneys of record for Greenberg in this

case.

2.07 On March 19,2008, Charla M. G. Aldous ("Aldous"), another former B&B

Director, filed Entry of Appearance as attorney of record for Legal Services P.C., Robert

M. Greenberg, Attorney.

2.08 Between June 6, and September 30, 2008, Judge Fred W. Davis signed

orders blocking Queenan's efforts to obtain admissible evidence needed to prove the

damages that the Greenberg Defendants and the Motsenbocker Defendants had

caused Plaintiff by not timely perfecting Plaintiffs independent action for fraud upon a

federal court against the DuPont/Conoco Defendants and the Turley Defendants.


2.09 Judge Davis' bias against Plaintiffs lawful objectives is exemplified by his

August 11, 2008, order stating that discovery would be limited to evidence showing only

the liability for and damages from the fruitless pursuit of only the legal malpractice

claims against the Turley Defendants. In the same order he signed on August 11, 2008,

Judge Davis ruled to exclude any evidence that could be used to prove the viability

and/or value (recoverable compensatory or punitive damages) of any underlying case

that would have been recovered, but for the actions or inactions of the Greenberg

Defendants and/or the Motsenbocker Defendants. Judge Davis stated:

"By Order entered June 6, 2008, the Court has previously granted Defendants Robert E. Motsenbocker's and Shafer, Davis, O'Leary & Stoker, P.C.'s Motion for Partial Summary Judgment and has ordered that Plaintiff take nothing on his claims for lost punitive damages. Based upon that ruling, the Court finds that the only alleged damages the Plaintiff is entitled to recover in this case are the attorneys fees and expenses that he paid to the Defendants and all other expenses Plaintiff paid to others, including but not limited to, expert witness fees and investigator fees and expenses in pursuing his claims against Windle Turley. Based upon the Court's rulings, insofar as the proffered testimony of Plaintiffs proposed experts are not relevant to Plaintiffs claims against these Defendants, such testimony should be excluded at the trial of the case."

2.10 However, Judge Davis' June 6, 2008, order only granted the defendants'

motion for partial summary judgment relating only to the recoverability of lost punitive

damages arising from one cause of action, legal malpractice. Defendants' attorney's

fictitiously misconstrued the scope of Judge Davis' ruling in subsequent pleadings they

filed to obtain orders, like the one on August 11, 2008, in which Judge Davis dictates

that evidence Plaintiff requires to prove his damages claims is "irrelevant." Thereby

Judge Davis acted contrary to Texas law cutting off all discovery of evidence required to


prove the damages caused to Plaintiff through the loss of the two underlying cases

within this case.1

Facts Relating to Grounds for Disqualifying Judge Fred W. Davis

2.11 After Judge Davis signed his order on August 11, 2008, Parsons began an

investigation into the underlying causes for what Parsons believed was an illogical

ruling, based upon the layman's understanding of Texas law he had developed in the

seventeen years he had devoted to the discovery and prosecution of his and his wife's

estate's the legal claims. Parsons did not tell Queenan about his investigation, however

Parsons instructed Queenan to prepare and file a mandamus action for relief from

Judge Davis' rulings oppressing Plaintiff's right to conduct discovery. Parsons also

instructed Queenan to prepare and file an amended petition, based upon new evidence

Parsons had discovered and provided to Queenan showing why the wave of former

B&B officers/attorneys (the Barons and Aldous) were suddenly making appearances on

behalf of the Greenberg Defendants, and showing that there was justification for joining

the Baron Defendants, under a liability of respondeat superior for the breaches of

fiduciary duty against Plaintiff by the Baron Defendants' employees - the Greenberg

Defendants and the Motsenbocker Defendants; and that there was justification for

joining the DuPont/Conoco Defendants and the Turley Defendants, under a liability

theory of unjust enrichment through unexercised liability insurance instruments that

were purchased specifically to cover Plaintiff's damages claims in the underlying cases

1 Mark Hackett v. Littlepage and Booth, Littlepage and Associates, P. C. and Michles & Booth, No. 03-08-00056-CV (Tex. App.-Austin Third District, 2009) 2009 Tex. App. LEXIS 1166 and Brian Simon v. D. Miller & Associates, PLLC, Timothy John Clyne, Jamilah O. Driver, and Ryan Bradley Bormaster, No. 14-07-000894-CV (Tex. App.-Houston, Fourteenth District, 2009) Tex. App. LEXIS 989.


against them for fraud upon a federal court, pursuant to FED.R.CIV.P. 60(b) ("the fraud

upon the federal court case").

2.12 In the hearing before Judge Davis on October 31, 2008, Judge Davis

interrogated Queenan about what he knew about Parsons' open records requests for

the personal financial statements of Judge Davis' wife, who serves as a Tarrant County

Justice of the Peace. Judge Davis insisted that Queenan ask Parsons why he wanted

this information. Judge Davis allowed Queenan a few minutes after the hearing to

confer with Parsons before reporting back to Judge Davis in his office. In his conference

with Queenan outside Judge Davis' courtroom, Parsons told Queenan why he was

gathering the information on the financial circumstances of Judge Davis' family, but that

Parsons had not yet received responses to any of his open records requests for the

personal financial reports filed with the Tarrant County Clerk by Judge Davis' wife, and

therefore could not answer the questions Judge Davis posed to Queenan in the hearing:

" ... are there any issues here that I'm not aware of that I need to be aware of ... " " ... 1 just

want to know if there is anything that I need to know about. .. " (October 31, 2008,

Hearing Transcript, pg. 5, In. 2-4 and 22-24, Exhibit 4, to Exhibit A-1, to Exhibit A,

Affidavit of Roger K. Parsons - September 2, 2009.) Parsons was never advised what

was said in the meeting between the attorneys in Judge Davis' office after the hearing.

2.13 On December 15, 2008, Parsons received a letter from Queenan (Exhibit

5, to Exhibit A-1, to Exhibit A, Affidavit of Roger K. Parsons - September 2, 2009).

Under the circumstances, Parsons believed that Queenan's letter was an extrajudicial

threat issued by Judge Davis that unless Parsons stopped his investigation of Judge

Davis' family's financial dealings, Judge Davis would retaliate against Parsons by


denying Plaintiff recovery on the only damages claims Judge Davis was allowing to go

forward after signing his August 11, 2008, order - disgorgement of approximately $1

million in fees and expenses Parsons paid out-of-pocket to or on behalf of the

Greenberg Defendants and the Motsenbocker Defendants during the eight years they

worked on Parsons' cases. On information and belief of the circumstances and timing of

Queenan's letter, Parsons suspected that in the meeting between the lawyers in Judge

Davis' office after the hearing on October 31, 2008, Judge Davis told Queenan to

deliver this treat to Parsons under the ruse of it being "legal advise."

2.14 Immediately after receiving Queenan's December 15, 2008, letter, and

Queenan's notice that he would not file an amended petition adding the new defendants

because he had a conflict of interest, Parsons drafted Plaintiffs Third Amended Petition

and filed it pro se on at 8:05 a.m. on December 22, 2008. A file-stamped copy of

Plaintiffs Third Amended Petition was hand-delivered to Queenan just before an

emergency hearing requested by the Greenberg Defendants at 9:00 a.m. that morning.

2.15 At the hearing Queenan told the attorneys and Judge Davis that I had filed

Plaintiffs Third Amended Petition pro se that morning and that the Baron Defendants,

the DuPontlConoco Defendants and the Turley Defendants had been joined as

defendants. (December 22, 2008, Hearing Transcript pg. 4, In. 21-25 and pg. 5, In. 1-8,

Exhibit A-2, to Exhibit A, Affidavit of Roger K. Parsons - September 2, 2009.)

"Morning, Your Honor. Kevin Queenan. I represent Roger Parsons. For purposes of additional information for the Court, Mr. Parsons filed a third amended petition at 8:05 this morning adding Fred Baron, the estate of Fred Baron, DuPont, Conoco, Windle Turley and the Law Offices of Windle Turley. I do not represent Mr. Parsons in connection with those claims. He handed me this petition this morning and said that as a pro se plaintiff, he was amenable to whatever to whatever the parties agreed to or obviously whatever the Judge ruled on, but I want to make sure that the


for the purposes of my representation, that I represent Mr. Parsons for the claims that were on file in the second amended petition."

2.16 At the end of the hearing on December 22, 2008, Judge Davis

acknowledged his understanding that Plaintiff's Third Amended Petition had made the

"new case" far more complex than the case upon which he had made his prior rulings,

stating " ... as far as the new lawsuit is concerned ... " ... 1 don't know if this is a smoke

screen. I don't know what it is. It's very strange. Until- until that situation works its way

out, I'm not going to worry about it." (December 22, 2008, Hearing Transcript pg. 15, In.

10-16, Exhibit A-2, to Exhibit A, Affidavit of Roger K. Parsons - September 2, 2009.)

Nevertheless, in oral ruling that he never followed up with a written order, Judge Davis

set the trial date for the "new case" as October 26, 2009. Judge Davis retired from the

bench nine days later on December 31, 2008.

2.17 At a hearing held on February 11, 2009, Judge Melody M. Wilkinson, who

replaced Judge Davis as the judge of the 1 th District Court, granted Queenan's motion

to withdraw as Plaintiff's attorney at the beginning of the hearing, and signed an agreed

scheduling order that was based upon Judge Davis' December 22, 2008, verbal ruling

setting the trail date for October 26,2009.

2.18 Although Judge Wilkinson had language included in the agreed

scheduling order that delayed the defendants barraging Plaintiff with discovery requests

until March 13, 2009, to give Parsons an opportunity to retain attorneys to handle his

complex case, Parsons knew from his seventeen years of experience hiring attorneys in

Texas that the month-long delay would not be sufficient time to interview and educate

prospective attorneys about the complex case one-on-one, and to conduct a conflict of

interest investigation on any attorneys who showed interest in taking on the complex


case against the celebrity attorneys at the Baron Defendants and the Turley Defendants

alleging that these famous attorneys had conspired to defraud their clients by intentional

breaches of the fiduciary duties that they owed their clients. Consequently, Parsons

developed a web site to provide interested attorneys with enough information about the

case for them to make an informed decision on their interest in the case and an

informed determination of any potential conflicts of interest that Parsons stated he

wanted to be advised about before Parsons would hire them. Although Parsons has

spent thousands of dollars each month to advertise his attorney-solicitation website in

print and online media throughout the United States, the only attorneys who have

showed any interest in taking on this complex case have conflicts of interest that

prohibit them from being zealous advocates for Plaintiffs claims.

2.19 In April 2009, Parsons obtained a copy of Judge Davis' 2008 Personal

Financial Statement from the Texas Ethics Commission ("TEC") (Exhibit 6, to Exhibit

A-1, to Exhibit A, Affidavit of Roger K. Parsons - September 2, 2009.) Judge Davis'

2008 Personal Financial Statement revealed that Judge Davis had filed a sworn

declaration that section Part 7B pertaining to his "Interests in Business Entities" was

"NOT APPLICABLE" to him. The timing and circumstances of Judge Davis' formation of

a business entity engaged in business activities Judge Davis has no prior training or

experience; Judge Davis' contemporaneously rulings in this case, based upon fictitious

pleadings filed by Joseph W. Spence ("Spence") and R. H. Wallace ("Wallace"),

attorneys currently associated with Shannon, Gracey, Ratliff & Miller, L.L.P. ("SGR&M");

and, Judge Davis' lying in an affidavit about his interest in the company he owns. Based

upon the discoveries made in his investigation of Judge Davis, Parsons filed a sworn


complaint on June 3,2009, with the TEC. (Exhibit A-1, to Exhibit A, Affidavit of Roger K.

Parsons - September 2, 2009.)2

2.20 Beginning on April 6, 2009, with the DuPont/Conoco Defendants' motion

to dismiss, and through to August 28, 2009, the deadline under the current scheduling

order for filing pretrial motions, with the DuPont/Conoco Defendants' and the Greenberg

Defendants' motions for summary judgment, Parsons has been barraged by motions to

dismiss and motions for summary judgment. Within six months of signing the scheduling

order on February 11, 2009, that were based upon Judge Davis' December 22, 2008,

oral trial setting for October 26,2009, Judge Wilkinson has:

a. denied Plaintiff's motion for continuance of hearings on Defendants' motions for summary judgment (July 23, 2009);

b. denied Plaintiff's motion for leave of court to amend petition (July 24, 2009) (Exhibit A-10-a and Exhibit 10-b, Affidavit of Roger K. Parsons -September 2, 2009);

c. granted the DuPont/Conoco Defendants' motion to dismiss (July 24, 2009);

d. granted the Baron Defendants' motions for summary judgment (July 24, 2009);

e. granted the Greenberg Defendants' motions for summary judgment (July 24,2009);

f. granted the Motsenbocker Defendants' motions for summary judgment (July 24, 2009); and

g. granted the Turley Defendants' motions for summary judgment (August 17,2009).

2 Exhibit A-1, to Exhibit A, Affidavit of Roger K. Parsons - September 2, 2009, was made part of the record in this case as Exhibit A-23, Affidavit of Roger K. Parsons - August 11, 2009, attached as Exhibit A, Plaintiff's Amended Response to the Turley Defendants' Motions for Summary Judgment and No Evidence Summary Judgment that is attached to Plaintiff's Motion for Leave of Court to File Plaintiff's Amended Response to the Turley Defendants' Motions for Summary Judgment and No Evidence Summary Judgment filed on August 11, 2009.

PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND MELODY M. WILKINSON - Page 11 of20

2.21 In his pleadings and oral arguments in response to Defendants' motions

for summary judgment and motions to dismiss, Parsons has repeatedly point out to the

court that the defendants attorneys had filed fictitious pleadings misrepresenting that the

only damages Plaintiff was seeking were the punitive damages lost only by legal

malpractice by the Turley Defendants, and then lost again only by legal malpractice by

the Greenberg Defendants and the Motsenbocker Defendants. Parsons has repeatedly

directed the courts attention to Plaintiffs Third Amended Petition that clearly articulates

that Plaintiffs damages claims include lost compensatory damages from two underlying

fraud cases, and clearly articulates that Plaintiffs liability claims in this case arise from

fraud and intentional breaches of the fiduciary duties that the Baron Defendants, the

Greenberg Defendants and the Motsenbocker Defendants owed to Plaintiff. However,

the court appears to have turned a blind-eye to Parsons' written and oral pleadings.

Facts Relating to Grounds for Disqualifying Judge Melody M. Wilkinson

2.22 On August 18, 2009, Parsons began an investigation into the background

and financial dealings of Judge Wilkinson. Parsons investigation included a reviewing

information in the 1998, 1999, 2000, 2001, 2007 and 2008 Personal Financial

Statements Judge Wilkinson filed with the TEe; information on federal asbestos cases

for which Judge Wilkinson continues to act as defense counsel of record in

Pennsylvania while simultaneously sitting in judgment over claims of breach of fiduciary

duty and fraud against B&B and B&B corporate officers arising from allegations of

claims-trading between asbestos plaintiffs' and asbestos defendants' attorneys;

information on federal cases for which the Motsenbocker Defendants attorneys at


SGR&M have common interests with Judge Wilkinson; and information from Tarrant

County District Clerk records.

2.23 Parsons' review of the 1998, 1999, 2000 and 2001 Personal Financial

Statements Judge Wilkinson filed with the TEC (Respectively, Exhibit A-3-a, A-3-b, A-3-

c and A-3-d, to Exhibit A, Affidavit of Roger K. Parsons - September 2, 2009) found that

Judge Wilkinson was a partner in Cantey & Hanger, L.L.P. ("C&H") between 1998 and

2001 inclusive. Parsons' search of Tarrant County District Clerk records showed that

Judge Wilkinson remained at C&H until at least January 6, 2004. (Exhibit A-4, Affidavit

of Roger K. Parsons - September 2, 2009).

2.24 On February 9, 2007, C&H was sued by the trustee for the bankrupt Forth

Worth Osteopathic Hospital, Inc. ("FWOH") (Exhibit A-5-a and Exhibit A-5-b, Affidavit of

Roger K. Parsons - September 2, 2009) Adversary Proceeding # 07-04015 in the

United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division)

alleging breach of fiduciary duty, assisting or encouraging breaches of fiduciary duty,

unjust enrichment, conspiracy, trust fund liability and professional negligence by C&H

between 1999 and 2004, while C&H was employed as general corporate counsel for

FWOH, and while Judge Wilkinson shared in the C&W partnership profits.

2.25 On March 29, 2007, while serving simultaneously as counsel of record for

the Motsenbocker Defendants and for C&H, SGR&M attorney Wallace countersued the

FWOH bankruptcy trustee in Adams, et a/. v. Brown, Case No. 4:07-cv-00206-Y in the

United States District Court for the Northern District of Texas, Fort Worth Division.

(Exhibit A-6, Affidavit of Roger K. Parsons - September 2, 2009)


2.26 SGR&M generally, and Wallace specifically, represent Judge Wilkinson's

pecuniary and personal financial interests in defeating a pending lawsuit that seeks to

recover C&H partnership distributions that unjustly enriched Judge Wilkinson and other

C&H partners, while C&H allegedly breached fiduciary duties owed to FWOH, assisted

or encouraged breaches of fiduciary duties that FWOH directors owed to FWOH, was

unjustly enriched by legal fees paid by FWOH, conspired with FWOH directors in

entrenchment and self-dealing to delay seeking bankruptcy protection that could have

saved FWOH from total ruin. Wallace and Judge Wilkinson know that in the FWOH

lawsuit Wallace is defending Judge Wilkinson's pecuniary and personal interests

against many of the same claims that Wallace is defending against in this lawsuit.

2.27 By March 10, 2004, Judge Wilkinson was entering appearances as

counsel for defendant A. W. Chesterton Company in many asbestos cases in both

federal and state courts. (Exhibit A-7-a, Exhibit A-7-b, Exhibit 7-c and Exhibit 7-d,

Affidavit of Roger K. Parsons - September 2, 2009) However, at this time, Judge

Wilkinson was employed as "Managing Attorney -- Fort Worth office" of the large

Boston, Massachusetts firm Cooley Manion Jones, L.L.P. ("CMJ,,).3 (Exhibit 3-e and

Exhibit 7 -f, Affidavit of Roger K. Parsons - September 2, 2009)

2.28 No later than December 28, 2007, Judge Wilkinson became opposing

counsel in asbestos litigation brought by the Baron Defendants in Case No. 4:07-cv-

04569 in the United States District Court for the Southern District of Texas, Houston

Division, that was eventually transferred to Case No. 2:08-cv-73898-ER in the United

3 Because Judge Wilkinson did not file Personal Financial Statements with the TEC for the years 2002 through 2006, inclusive, it is unknown if she held the title "Managing AttorneyFort Worth office" at CMJ between 2002 and 2006, as she later reported in her 2007 and 2008 Personal Financial Statements filed with the TEe.


~-------------- -

States District Court for the Eastern District of Pennsylvania, Philadelphia Division.

(Exhibit A-8-a and Exhibit A-8-b, Affidavit of Roger K. Parsons - September 2, 2009) In

this case and numerous others Judge Wilkinson remains to this day counsel of record

for A. W. Chesterton Company.4

2.29 On July 30, 2009, shortly after she granted the Baron Defendants motions

for summary judgment on July 24, 2009, Judge Wilkinson withdrew as counsel of record

for A. W. Chesterton Company in a pending case (Case No. 2-09-cv-71554-ER in

United States District Court for the Eastern District of Pennsylvania, Philadelphia

Division). However, Judge Wilkinson remains as counsel for A. W. Chesterton in many

other asbestos cases still pending in Pennsylvania federal courts, including the one in

which she will now be in a position to negotiate a favorable settlement agreement with

the Baron Defendants.5 (Exhibit A-9-a and Exhibit A-9-b, Affidavit of Roger K. Parsons-

September 2, 2009)

5 The attorney who substituted for Judge Wilkinson is a partner in Naman, Howell, Smith & Lee, L.L.P. ("NHS&L"), the firm that Judge Wilkinson reports in her 2008 Personal Financial Statement employed her in the same capacity CMJ had employed her, "Managing Attorney -Fort Worth office." Exhibit A-9-a, shows that Judge Wilkinson used as a contact address in her capacity as a CMJ employee the same address and telephone number (100 East 15th Street, Suite 320, Fort Worth, Texas 76102-6565,817.870.1996), that listed for the Fort Worth offices of NHS&L. (See http://www.namanhowell.com/fortworth.htm) Obviously, NHS&L was acting as a front for a temporary CMJ operation in Texas that, according to records maintained by the Texas Secretary of State, did not renew its registration as a limited liability partnership in 2008. Apparently Judge Wilkinson and NHS&L represent A. W. Chesterton Company in defending the numerous asbestos cases in Pennsylvania for which she remains counsel of record, while simultaneously serving as a judge on a case against the Baron Defendants alleging conspiracy to defraud, breaching fiduciary duties, and aiding and abetting the breaching of fiduciary duties against clients of the Baron Defendants' captive/corporate counsels, the Greenberg Defendants and the Motsenbocker Defendants.


III.

ARGUMENT & AUTHORITIES

3.01 Plaintiff incorporates mI 2.01-2.29 here, as if fully stated at length herein.

3.02 Under Texas Constitution article 5, section 11, a judge is disqualified from

sitting in judgment when the case is one in which the judge "may be interested." Tex.

Const. art. 5, §11; see Cameron v. Greenhill, 582 S.W.2d 775, 776 (Tex. 1979). The

interest must be a direct pecuniary or personal interest in the result of the case. See

Cameron, 582 S.W.2d at 776. Once an interest is established, the judge is disqualified

no matter how slight the interest. Gulf Marine Warehouse Co. v. Towers, 858 S.W.2d

556, 558 (Tex. App.-Beaumont 1993, writ denied). The facts demonstrated by the

evidence presented in mI 2.11-2.19 show Judge Davis' direct pecuniary or personal

interests in the results of this case. The facts demonstrated by the evidence presented

in ~1l 2.22-2.29 show that Judge Wilkinson's direct pecuniary or personal interests in

the results of this case.

3.03 Under Texas Rule of Civil Procedure 18b(1), a judge is disqualified from

sitting in judgment when the judge knows that, individually or as a fiduciary, the judge

has an interest in the subject matter in controversy. Tex. R. Civ. P. 18b(1)(b).

3.04 The facts demonstrated by the evidence presented in ~1l2.11-2.19 show

Judge Davis' knowledge that, individually or as a fiduciary, he has an interest in the

subject matter in controversy. The facts demonstrated by the evidence presented in mI

2.22-2.29 show Judge Wilkinson's knowledge that, individually or as a fiduciary, she

has an interest in the subject matter in controversy.

PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND MELODY M. WILKINSON - Page 16 of20

IV.

NOTICE TO OTHER PARTIES

4.01 A copy of this motion is served on the other parties on the same day this

motion is filed. Plaintiff expects the motion to disqualify to be presented to Judge

Melody M. Wilkinson three days after it is filed, unless Judge Melody M. Wilkinson

orders otherwise. Tex. R. Civ. P. 18a(b).

V.

CONCLUSION

5.01 Based upon Plaintiff's information and belief that has been derived

through diligent investigation, Plaintiff must regrettably make this motion to disqualify

Judge Davis and Judge Wilkinson from sitting in judgment of this case.

5.02 The facts that are supported by the evidence presented herein shows that

Judge Davis and Judge Wilkinson each have direct pecuniary or personal interests in

the results of this case. Consequently, pursuant to Texas Constitution article 5, section

11, Judge Davis and Judge Wilkinson are disqualified from sitting in judgment in this

case.

5.03 The facts that are supported by the evidence presented herein shows that

Judge Davis and Judge Wilkinson know that, individually or as a fiduciary, they have an

interest in the subject matter in controversy in this case. Consequently, pursuant to

Texas Rule of Civil Procedure 18b(1), Judge Davis and Judge Wilkinson are disqualified

from sitting in judgment in this case.


VI.

PRAYER

For these reasons, Plaintiff asks the judge of the court either to disqualify herself,

and request that the presiding judge of this administrative judicial district assign another

judge to this case, or in the alternative, to refer this motion to the presiding judge of this

administrative district for a hearing on the motion.

PLAINTIFF'S MOTION TO DISQUALIFY

Respectfully submitted,

~ ;1' '\) By: ...-~~\'-''-- 1"-- " "--.,-'U-v-

Roger K:'-Parsons

P.M.B.739 2520 Avenue K, Suite 700 Plano, Texas 75074 (214) 649-8059 (972) 295-2776 (FAX)

PRO SE FOR PLAINTIFF

JUDGE FRED W. DAVIS AND MELODY M. WILKINSON - Page 18 of 20

VERIFICATION

STATE OF TEXAS § §

COUNTY OF COLLIN §

Before me, the undersigned notary, on this day appeared Roger K. Parsons,

Plaintiff in the above numbered and entitled cause of action, the affiant and a person

whose identity is known to me. After I administered an oath to affiant, affiant testified:

"My name is Roger K. Parsons. I am capable of making this verification. The

facts I have stated in the section 'I. INTRODUCTION' and the section 'II. FACTS' of my

Plaintiffs Motion to Disqualify Judge Fred W. Davis and Judge Melody M. Wilkinson are

within my personal knowledge and are true and correct."

Roger k. "Parsons

SWORN TO AND SUBSCRIBED BEFORE ME by the said Roger K. Parsons, on

this the 2nd day of September, 2009, to certify which witness my hand and seal of office.

MALIK M AHMED Notary Public. State of Texas

My Commission Expires Jyly 13. _?011


CERTIFICATE OF SERVICE

hereby certify that on September 2, 2009, a true and correct copy of the foregoing document was served on the following counsel of record:

Jim Ross Jim Ross & Associates, P.C. 420 E. Lamar Blvd. Suite 110 Arlington, Texas 76011 Counsel for Robert M. Greenberg, and Legal Services, P.C. Robert M. Greenberg, Attorney

R. H. Wallace Monika T. Cooper Shannon, Gracey, Ratliff & Miller, L.L.P. 777 Main Street, Suite 3800 Fort Worth, Texas 76102-5304 Counsel for Robert E. Motsenbocker, and Shafer, Davis, O'Leary & Stoker, Inc.

William D. Cobb, Jr. Cobb Martinez Woodward, P.L.L.C. 1700 Pacific Avenue, Suite 4545 Dallas, Texas 75201 Counsel for the Estate of Frederick M. Baron and Baron & Budd, P.C.

Martin E. Rose Tammy H. Cole Rose-Walker, L.L.P. 3500 Maple Avenue, Suite 900 Dallas, Texas 75219 Counsel for E. I. du Pont de Nemours and Company and ConocoPhillips f/kla Conoco, Inc.

Richard L. Smith, Jr. Quilling, Selander, Cummiskey & Lownds, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 Counsel for Ronald Windle Turley and Law Offices of Windle Turley, P.C. alkla Turley Law Firm, P.C.

Roger K. Parsons


EXHIBIT A

No. 017-217971-06


Plaintiff,

VS.


§ § § § § § § § §

ROBERTE.MOTSENBOCKER § SHAFER, DAVIS, 0 'LEARY & STOKER, § INC. f/kla SHAFER, DAVIS, MCCOLLUM, § ASHLEY, O'LEARY & STOKER, INC.; §


E. I. DU PONT DE NEMOURS AND COMPANY; CONOCOPHILLIPS f/kla CONOCO, INC.;


Defendants,

§ § § § § § § § § § § § § §




AFFIDAVIT OF ROGER K. PARSONS - SEPTEMBER 2. 2009

STATE OF TEXAS COUNTY OF COLIN

Before me, the undersigned notary, on this day personally appeared Roger K.

Parsons, the affiant, a person whose identity is known to me. After I administered an

oath to affiant, affiant testified:

AFFIDAVIT OF ROGER K. PARSONS - SEPTEMBER 2, 2009 - Page 1 of 4

1. My name is Roger K. Parsons. I am over eighteen (18) years of age, I have never been convicted of a felony, and I am of sound mind. I am competent to testify to the matters stated herein and I am capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.

2. I am the Pro Se Plaintiff in this lawsuit.

3. On or about August 11, 2008, I began an investigation into the financial dealings and circumstances of Judge Fred W. Davis ("Judge Davis").

4. I did not tell my former attorney, M. Kevin Queenan ("Queenan") about my investigation of Judge Davis until Queenan asked me about my investigation at the request of Judge Davis during a hearing in my case on October 31, 2008.

5. Exhibit A-1, attached hereto, is a true and correct copy of my business records of all correspondence I have had with the TEC relating to the complaint I filed on June 3, 2009, regarding Judge Davis. I made these business records part of the record in my case as Exhibit A-23, to Exhibit A, Affidavit of Roger K. ParsonsAugust 11, 2009, that was attached to Plaintiffs Amended Response to the Turley Defendants' Motions for Summary Judgment and No Evidence Summary Judgment, attached to Plaintiffs Motion for Leave of Court to File Plaintiffs Amended Response to the Turley Defendants' Motions for Summary Judgment and No Evidence Summary Judgment that I filed pro se on August 11, 2009.

6. Exhibit A-2, attached hereto, is a true and correct copy of the original transcript for the December 22, 2008, hearing in my case that I paid Queenan to have Shelley S. Curtis (CSR 4557), Deputy Official Court Reporter, 1th Judicial District Court, to prepare, and that I located in Queenan's 23-box case-file passed into my custody on March 16,2009.

7. On or about August 18, 2009, I began an investigation into the background and financial dealings of Judge Melody M. Wilkinson ("Judge Wilkinson").

8. Exhibits A-3-a, A-3-b, A-3-c, A-3-d, A-3-e and A-3-f, attached hereto, are respectively true and correct copies of 1998, 1999, 2000, 2001, 2002, 2007 and 2008 Personal Financial Statements Judge Wilkinson has filed with the TEC that I paid the TEC to send me on August 18, 2009.

9. Exhibit A-4, attached hereto, is a true and correct copy of the Plaintiffs Notice of Non-Suit for Cause No. 048-192177-02 in the 48th District Court of Tarrant County, Texas, that I downloaded from the Tarrant County District Clerk Judicial Information Management System ("JIMS") on or about August 31, 2009.

10. Exhibit A-5-a and Exhibit A-5-b, attached hereto, are respectively a true and correct copy of Docket Report and Original Complaint (Document No.1) for


Adversary Proceeding # 07-04015 in the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 26, 2009.

11. Exhibit A-6, attached hereto, is a true and correct copy of Docket Report for Case # 4:07-cv-00206-Y in the United States District Court for the Northern District of Texas, Fort Worth Division, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 26, 2009.

12. Exhibit A-7-a, attached hereto, is a true and correct copy of the listing of cases in which Judge Wilkinson has appeared as counsel of record in Tarrant County, Texas, that downloaded from the Tarrant County District Clerk Judicial Information Management System ("JIMS") on September 1, 2009.

13. Exhibit A-7 -b, attached hereto, is a true and correct copy of the listing of cases in which "Melody M. Wilkinson" is listed as a party or as an attorney in cases before United States federal court, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 30, 2009.

14. Exhibit A-7-c, attached hereto, is a true and correct copy of Defendant A.w. Chesterion's Motion for Substitution of Counsel for Cause No. 017-191174-02 in the 17th District Court of Tarrant County, Texas, that I downloaded from the Tarrant County District Clerk Judicial Information Management System ("JIMS") on or about August 31, 2009.

15. Exhibit A-7-d, attached hereto, is a true and correct copy of Defendant A.w. Chesterian's Motion for Substitution of Counsel (Document No. 77) for Case # 4:03-cv-01164-G in the United States District Court for the Northern District of Texas, Fort Worth Division, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 30, 2009.

16. Exhibit A-8-a, attached hereto, is a true and correct copy of Docket Report for Case # 4:07-cv-04569 in the United States District Court for the Southern District of Texas, Houston Division, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 29, 2009.

17. Exhibit A-8-b, attached hereto, is a true and correct copy of Docket Report for Case # 2:08-cv-73898-ER in the United States District Court for the Eastern District of Pennsylvania, Philadelphia Division, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 29, 2009.

AFFIDAVIT OF ROGER K. PARSONS - SEPTEMBER 2,2009 - Page 3 of 4

18. Exhibit A-9-a and Exhibit A-9-b, attached hereto, are respectively a true and correct copy of Docket Report and Notice of Substitution of Counsel (Document No.5) for Case # 2:09-cv-71554-ER in the Eastern District of Pennsylvania, Philadelphia Division, that I downloaded from the federal Public Access to Court Electronic Records ("PACER") information system on or about August 29, 2009.

19. Exhibit A-10-a and Exhibit A-10-b, attached hereto, are respectively a true and correct copy of Plaintiffs Motion for Leave of Court to Amend Petition and Plaintiffs Sixth Amended Petition that was attached thereto, that I filed pro se on July 16, 2009.

20. Further, affiant sayeth not.

Roger K. Parsons

Subscriber and sworn to before the undersigned Texas notary public on the 2nd

day of September 2009.

\ Notary Public, State of Texas


No. 017-217971-06


Plaintiff,

VS.


ROBERTE.MOTSENBOCKER SHAFER, DAVIS, 0 'LEARY & STOKER, INC. f/kla SHAFER, DAVIS, MCCOLLUM, ASHLEY, O'LEARY & STOKER, INC.;


E. I. DU PONT DE NEMOURS AND COMPANY; CONOCOPHILLIPS f/kla CONOCO, INC.;


Defendants,

§ § § § § § § § § § § § § § § § § § § § § § § § § § §




ORDER ON PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON

After considering the motion by Pro Se Plaintiff Roger K. Parsons, Individually

and as Independent Administrator of the Estate of Esther Ann Kartsotis Parsons, titled

Plaintiffs Motion to Disqualify Judge Fred W Davis and Judge Melody M. Wilkinson, the

responses, the pleadings, and the affidavits, the trial judge

ORDER ON PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON - Page 1 of 2

AGREES (1) that Judge Fred W. Davis, was disqualified from sitting in judgment

in this case, (2) to disqualify herself from hearing this case, and (3) to request that the

presiding judge of this administrative judicial district assign another judge to preside

over this case.

SIGNED on ______ , 2009.

PRESIDING JUDGE

ORDER ON PLAINTIFF'S MOTION TO DISQUALIFY JUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON - Page 2 of 2

No. 017-217971-06

ROGER K. PARSONS, INDIVIDUALLYAND AS THE INDEPENDENTADMINISTRATOR FOR THE ESTATE OFESTHER ANN KARTSOTIS PARSONS,

Plaintiff,

VS.

ROBERT M. GREENBERG;LEGAL SERVICES P.C.,ROBERT M. GREENBERG, ATTORNEY;

ROBERT E. MOTSENBOCKERSHAFER, DAVIS, O'LEARY & STOKER,INC . flkla SHAFER, DAVIS, MCCOLLUM,ASHLEY, O'LEARY & STOKER, INC.;

LISA A. BLUE BARON AS EXECUTRIXOF THE ESTATE OF FREDERICKM. BARON; BARON & BUDD, P.C.;

E. I. DU PONT DE NEMOURS ANDCOMPANY; CONOCOPHILLIPS fIKIacoNoco, tNC.;

RONALD WINDLE TURLEY; ANDI-.AW OFFICES OF WINDLE TURLEY,P.C., alklaTURLEY LAW FIRM, P.C.;

Defendants,



17Th JUDICIAL DISTRICT

PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS

Roger K. Parsons, Individually and as the Independent Administrator of the

Estate of Esther Ann Kartsotis Parsons ("Parsons" or "Plaintiff') files this Plaintitrs

Statement in Opposition to the Turley Defendanfs'Reguest for Sanctions and would ask

this Court to deny the request for sanctions by Ronald Windle Turley and Law Offices of

lA/indle Turley, P.C. alkla Turley Law Firm.

PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 1 of 10

t.

INTRODUCTION

1.01 Plaintiff is Roger K. Parsons ("Parsons"), Individually and as the

Independent Administrator of the Estate of Esther Ann Kartsotis Parsons ('Ann

Parsons"). The defendants, referred to collectively as "the Defendants" herein, are:

a. Robert M. Greenberg ("Greenberg"), and Legal Services P.C. Robert M.Greenberg, Attorney ("Legal Services"), referred to collectively as "theGreenberg Defendants" herein;

b. Robert E. Motsenbocker ("Motsenbocker"), and Shafer Davis, O'Leary &Stoker, lnc.flkla Shafer, Davis, Mccollum, Ashley, O'Leary & Stoker, Inc.("SDO&S"), referred to collectively as 'the Motsenbocker Defendants"herein;

c. Lisa A. Blue Baron as the Executrix of the Estate of Frederick M. Baron('Baron") and Baron & Budd, P.C. ("8&B"), referred to collectively as'theBaron Defendants" herein;

d. E. l. du Pont de Nemours and Company ("DuPonf') and ConocoPhillips("Gonoco"), referred to collectively as "the DuPonUConoco Defendants"herein; and

e. Ronald \Mndle Turley ("Turley") and Law Offices of \Mndle Turley, P.C.("LOWT") akla Turley Law Firm, P.G., referred to collectively as "theTurley Defendants" herein.

1.02 Plaintiff sued the Defendants asserting claims against various defendants

for conspiracy to defraud, fraud, breach of fiduciary duty and other derivative claims to

these claims, including unjust enrichment constructive trust.

1.03 On September 2,2009, Plaintiff filed Plaintiffs Motion to Disqualify Judge

Fred W. Davis and Judge Melody M. Wlkinson based upon evidence that he had

discovered as he testified to tn Affidavit of Roger K. Parsons - Sepfember 2, 2009,

attached to his motion as ExhibitA.


1.04 To establish facts not apparent from the record, Plaintiff incorporates

herein by reference Exhibit A, Affidavit of Roger K. Parsons - Sepfember 2, 2009,

attached to Plaintiffs Motion to Disqualify Judge Frcd W. Davis and Judge Melody M.

Wlkinsoni and ExhibitB, Affidavit of Roger K. Parsons - Sepfember 16, 2009, attached

to Plaintiffs Combined Supplemental Evidence as to Plaintiffs Motion to Disqualify

Judges Fred W. Davis and Melody M. Wlkinson, and Plaintiffs Statement in Opposition

to the Turley Defendanfs'Reguest for Sancfibns filed with this Court on September 16,

2009; and Exhibits A-1 through A-10, and Exhibits B-1 through B-8, that are attached to

Exhibits A and B respectively.

1.05 On September 9, 2009, Plaintiff was served with The Turley Defendants'

Statement Opposing Plaintiffs Motion to Disqualify and Reguesf for Sanctions. Plaintiff

subsequently continued his investigation into the financial dealings and circumstances

of Judge Melody M. \Mlkinson ("Judge \Mlkinson"), and discovered additional evidence,

supporting his motion, and this Plaintiffs Statement in Opposition to the Turley

Defendants' Request for Sancfibns. (See Exhibit B, Affidavit of Roger K. Parsons -

Sepfembe r 1 6, 2009, ll2.\

1.06 Plaintiffs information and belief is that the new evidence establishes that

Judge \Mlkinson has pecuniary interests in the outcome of this litigation through her

business associations with the American International Group, Inc. ('AlG") and/or

individuafs employed by or affiliated with AlG. AIG was identified in Plaintiffs Fifth

Amended Petition and Plaintiffs Sixth Amended Petition (Exhibit A-10-b to Exhibit A,

Affidavit of Roger K Parsons - Sepfember 2, 2009) as having issued insurance policies

to pay the specific judgment debts that would have been awarded on Plaintiffs


underlying claims against the DuPonUConoco Defendants and the Turley Defendants

for fraud upon a federal court, pursuant to FED.R.CIV.PROC. 60(b), but for breaches of

fi d uciary d uty and frauds by Baron/Greenberg/Motsenbocker Defendants.

l l .

ADDITIONAL FACTS

2.01 The 2008 Personal Financial Statement that Judge \Mlkinson filed with the

Texas Ethics Commission ("TEG") shows that Judge \Mlkinson was Managing Attorney

for the Fort Worth office of Naman, Howell, Smith & Lee, L.L.P. ('NHS&L') (Exhibit B-1

to Exhibit B, Affidavit of Roger K. Parcons - Sepfember 16, 2009.)

2.02 The recent Martindale-Hubbell@ Lawyers.comsM profile for NHS&L

advertises that AIG is a major client of NHS&L. (Exhibit B-2 to Exhibit B, Affidavit of

Roger K. Parsons - September 16, 2009.)

2.03 Judge \Mlkinson remains counsel of record forA. W. Chesterton Company

in numerous asbestos liability cases, including cases brought by the Baron Defendants.

(Exhibit A-8-a, Exhibit A-8-b, A-9-a and Exhibit A-g-b, Affidavit of Roger K. Parcons -

September 2, 2009) Judge Wilkinson continues to have a common pecuniary interests

with her clients AIG and A. W. Chesterton in minimizing the money that AIG negotiates

to pay on primary or excess policies to settle claims brought by attorneys like the Baron

Defendants against defendants like A. W. Chesterton Company.

2.04 The 2008 Personal Financial Statement that Judge \Mlkinson filed with the

Texas Ethics Commission ("TEC") shows that Judge \Mlkinson declares a business

interest with the investment company Stockyards Meat Eaters Alliance of Texas, LLC

("SMEAT") and SMEAT Organizer, Registered Agent and Manager Jacky W. Brown

PIAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 4 of 10

("Brown"). (Exhibits B-3-a, B-3-b and B-3-c, Affidavit of Roger K. Parsons - Sepfember

16, 2009.). The fax transmittal stamp on the top of the

2.05 Brown is associated with AIG through his business relationship with AIG

captive accountant Frederick S. Hezer ("Heze/') who organized and serves as

registered agent for J\A/B Gonsulting Services, Inc for which Brown is sole manager.

(Exhibits B4-a, B-4-b, B-,4-c, B-8-a, B-8-b, B-8-c and B-8-d Affrdavit of Roger K.

Parsons - September 16, 2009.)

2.06 Herzer was co-director with AIG Cat Excess Liability President Geoffrey J.

Smith ("Smith")l tor 82 Systems Consulting, Inc. (f/Ua Ettendant.Net, Inc.) (Exhibits B-5-

a, B-S-b, and B-5-c, Affidavit of Roger K. Parcons - September 16, 2009.)

ilt.

ARGUMENT & AUTHORITIES

3.01 Plaintiff incorporates ffi 2.01-2.06 here, as if fully stated at length herein.

3.02 Under Texas Constitution article 5, section 11, ajudge is disqualified from

sitting in judgment when the case is one in which the judge "may be interested." Tex.

Gonst. art. 5, $11; see Camercn v. Greenhill,582 S.W.2d 775,776 (Tex. 1979). The

interest must be a direct pecuniary or personal interest in the result of the case. See

Cameron,582 S.W.2d at776. Once an interest is established, the judge is disqualified

no mafter how slight the interest. Gu/f Marine Warehouse Co. v. Towers, 858 S.W.2d

556, 558 (Tex. App.-Beaumont 1993, writ denied). The facts demonstrated by the

evidence presented in l|il 2.01-2.00 show that Judge \Mlkinson's direct pecuniary or

personal interests in the results of this case.

1 Wth the demise of AlG, Smith has moved overseas, but was recently arrested in Bermuda ondrug charge. (Exhibits 8-6 and B-7, Affidavit of Roger K. Parsons- September 16, 2009.1

PI.AINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 5 of 10

3.03 Under Texas Rule of Civil Procedure 18b(1), a judge is disqualified from

sitting in judgment when the judge knows that, individually or as a fiduciary, the judge

has an interest in the subject matter in controversy. Tex. R. Civ. P. 18b(1xb).

3.04 The facts demonstrated by the evidene,e presented in llT 2.01-2.06 show

Judge \Mlkinson's knowledge that, individually or as a fiduciary, she has an interest in

the subject matter in controvery.

3.05 Plaintiffs Motion is based upon constitutional grounds and therefore can

be presented at any time. See Buckholfs ISD v. Glaser,632 S.W.2d 146, 148 (Tex.

1982): Spigener v. Wallis,80 S.W.3d 174, 180 (Tex.App.-Waco 2002, no pet.); cf.

Iesco Am., lnc. v. Strong lndus.,221 S.W.3d 550, 552 (Tex. 2006) (motion to disqualiff

appellate court justice filed after appellate court judgment).

3.06 Plaintiffs Motion clearly asserts the legal authority under which relief is

being sought (Plaintiffs Motion to Disqualify Judge Frcd W. Davis and judge Melody M.

W lkin son, tlt[ 3.02-3. 03) :

"3.02 Under Texas Constitution article 5, section 11, a judge isdisqualified from sifting in judgment when the case is one in which thejudge'may be interested." Tex. Gonst. art.5, S11; see Camercn v.Greenhill,582 S.W.2d775,776 (Tex. 1979). The interest must be a directpecuniary or personal interest in the result of the case. See Cameron,582S.W.2d at776. Once an interest is established, the judge is disqualified nomatter how slight the interest. Gulf Marine Warchouse Co. v. Towers, 858S.W.2d 556, 558 (Tex. App.-Beaumont 1993, writ denied). The factsdemonstrated by the evidence presented in tlfl 2.11-2.19 show JudgeDavis'direct pecuniary or personal interests in the results of this case. Thefacts demonstrated by the evidence presented in llT 2.22-2.29 show thatJudge \Mlkinson's direct pecuniary or personal interests in the results ofthis case."

'3.03 Under Texas Rule of Civil Procedure 18b(1), a judge isdisqualified from sitting in judgment when the judge knows that,individually or as a fiduciary, the judge has an interest in the subjectmatter in controversy. Tex. R. Giv. P. 18b(1xb)."

PI-AINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 6 of 10

V.

CONCLUSION

5.01 The facts that are supported by the evidence presented herein and in

Plaintiffs Motion to Disqualify Judge Fred W. Davis and Judge Melody M. Wlkinson

shows that Judge Davis and Judge Wlkinson each have direct pecuniary or personal

interests in the results of this case. Gonsequently, pursuant to Texas Constitution article

5, section 11, Judge Davis and Judge \Mlkinson are disqualified from sitting in judgment

in this case.

5.02 The facts that are supported by the evidence presented herein and in

Plaintiffs Motion to Disqualify Judge Fred W. Davis and Judge Melody M. Wlkinson

shows that Judge Davis and Judge \Mlkinson know that, individually or as a fiduciary,

they have an interest in the subject matter in controversy in this case. Gonsequently,

pursuant to Texas Rule of Civil Procedure 18b(1), Judge Davis and Judge Wilkinson are

disqualified from sitting in judgment in this case.

5.03 Consequently, the Turley Defendants' statements in opposition to

Plaintiffs Motion mischaracterize the basis for Plaintiffs Motion to DisqualifiT and the

Turley Defendants' request for sanctions should be denied.

vl.

PRAYER

For these reasons, Plaintiff asks the court, after a hearing, to deny the Turley

Defendants' request for sanctions, and for all relief, at law or in equity to which he may

be entitled.


Respectfu lly submitted,

-\ \ )\ { ' ' - r*

\' [ , \\ -., \ --/151 \ r?r*u{.*=r--By:

Roger K. Parsons

P.M.B.7392520 Avenue K, Suite 700Plano, Texas 75074(214) 649-8059(972) 295-2776 (FAX)


PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANGTIONS - Page 8 of 10

VERIFICATION

STATE OF TEXAS

COUNTY OF COLLIN

Before me, the undersigned notary, on this day appeared Roger K. Parsons,

Plaintiff in the above numbered and entitled cause of action, the affiant and a person

whose identity is known to me. After I administered an oath to affiant, affiant testified:

'My name is Roger K. Parsons. I am capable of making this verification. The

facts I have stated in the section '1. INTRODUCTION'and the section 'll. ADDITIONAL

FACTS' of my Plaintiffs Statement in Opposition to the Turley Defendants Request for

Sancfions are within my personal knowledge and are true and correct."

sss

-\-z \

-'-

Roger K. Parsons

SWORN TO AND SUBSCRIBED BEFORE ME by the said Roger K.

this the 16h day of September, 2009, to certiff which witness my hand

office.

PI.AINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 9 of 10

Parsohs, on

and seal of

PAUIIJ. ANDREWSMyOommission Epires

Marifi (}9, 2011

e of Texas


I hereby certiff that on September 16, 2009, a true and correct copy of theforegoing document was served on the following counsel of record:

Jim RossJim Ross & Associates, P.C.420 E. Lamar Blvd. Suite 110Arfington, Texas 76011Counselfor Robert M. Greenberg, andLegal Services, P.G. Robert M. Greenberg, Attorney

R. H. WallaceMonika T. CooperShannon, Gracey, Ratliff & Miller, L.L.P.777 Main Street, Suite 3800Fort Worth, Texas 76102-5304Gounselfor Robert E. Motsenbocker, and Shafer, Davis, O'Leary & Stoker, Inc.

\Mlliam D. Cobb, Jr.Gobb Martinez Woodward, P.L.L.C.',700 Pacific Avenue, Suite 4545Dallas, Texas 75201Counsel for the Estate of Frederick M. Baron and Baron & Budd,

Martin E. RoseTammy H. ColeRose.Walker, L.L.P.3500 Maple Avenue, Suite 900Dallas, Texas 75219Counselfor E. l. du Pont de Nemours and Gompany andConocoPhillips f/Ua Gonoco, Inc.

Richard L. Smith, Jr.Quilling, Selander, Cummiskey & Lownds, P.C.2001 Bryan Street, Suite 1800Dalfas, Texas 75201Counselfor Ronald \Mndle Turley andLaw Offices of \Mndle Turley, P.C. alklaTurley Law Firm, P.G.

'v-- D\\ \\ r'\_-=;g*1.- _ _,

Roger K. Parsons

PIAINTIFF'S STATEN'IENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 10 of 10

ONo. 017-217971-06


Plaintiff,

VS.


ROBERT E. MOTSENBOCKER;SHAFER, DAVIS, O'LEARY & STOKER,lNC.flVa SHAFER, DAVIS, MCCOLLUM,ASHLEY, O'LEARY & STOKER, INC.;

LISAA. BLUE BARON AS EXECUTRIXOF THE ESTATE OF FREDERICKM. BARON; BARON & BUDD, P.C.;

E. I. DU PONT DE NEMOURS ANDCOMPANY; CONOCOPHILLIPS flklacoNoco, tNC.;

RONALD WINDLE TURLEY; ANDL.AWOFFICES OF WINDLE TURLEY,P.C., alklaTURLEY tAW FIRM, P.C.;

Defendants,


tr"! "{,rt"'!' "",

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'

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-:

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ffi

TARRANT COUNry, TEXAS


PLAINTIFF'S COMBINED SUPPLEMENTAL EVIDENCE AS TO PLAINTIFF'SMOTION TO DISQUALIFY JUDGES FRED W. DAVIS AND MELODY M. WILKINSON.AND PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'

REQUEST FOR SANCTIONS

COMEs now the Plaintiff ROGER K. PARSONS, INDIVIDUALLY AND AS THE

INDEPENDENT ADMINISTMTOR FOR THE ESTATE OF ESTHER ANN KARTSOTIS

PARSONS ("Plaintiff') and files this "P/arntiffs Combined Supplemental Evidence as fo

Plaintiffs Motion to Disqualify Judges Fred W. Davis and Melody M. Wlkinson, andPLAINTIFF'S COMBINED SUPPLEMENTAL EVIDENCE AS TO PLAINTIFF'SMOTION TO DISQUALIFYJDUGE FRED W. DAVIS AND MELODY M. WILKINSON,AND PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 1 of 1

Plaintiffs Statement in Opposition to the Turtey Defendanfs' Reguest for Sancfions" in

support of the following motions filed with the court:

1. Plaintiffs Motion to Disqualify Judge Fred W. Davis and Melody M.

Wlkinson, filed on September 2,2009; and

2. Plaintiffs Statement in Opposition to the Turley Defendanfs' Reguest for

Sancfions, filed on September 16,2009.

In support of these pleadings, Plaintiff respectfully directs the Court's attention to

Exhibit B, Affidavit of Roger K. Parsons - Sepfember 16, 2009, and the new evidence

verified therein:

Exhibit B-1

ExhibitB-2

Exhibit B-3-a

Exhibit B-3-b

Exhibit B-3-c

Exhibit B-4-a

Exhibit B-4-b

Exhibit B4-c

Exhibit B-S-a

Exhibit B-s-b

Exhibit B-S-c

2008 Personal Financial Statement Judge Wlkinson

Martindale-Hubbell@ Lawyers.comsM profile for Naman,Howell, Smith & Lee, L.L.P.

Registered Agent page for Stockyards Meat Eaters AllianceofTexas, LLG

Articles of Incorporation for Stockyards Meat Eaters AllianceofTexas, LLC

Management page for Stockyards Meat Eaters Alliance ofTexas, LLC

Registered Agent page for JWB Consulting Services, Inc.

Articles of Incorporation for J\A/B Consulting Services, Inc.

Management page for JWB Gonsulting Services, Inc.

Registered Agent page for 82 Systems Gonsulting, Inc.

Articfes of Incorporation for 82 Systems Consulting, Inc.

Management page for 82 Systems Gonsulting, Inc.

PIAINTIFF'S COMBINED SUPPLEMENTAL EVIDENCE AS TO PLAINTIFF'SMOTION TO DISQUALIFYJDUGE FRED W. DAVIS AND MELODY M. WILKINSON,AND PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 2 ot 2

Exhibit 8-6

Exhibit B-7

Exhibit B-8-a

Exhibit B-8-b

Exhibit B-8-c

Exhibit B-8-d

January 15, 2009, press release by Bermuda-basedlronshore, Inc. all-risk insurer announcing the recruitment offormerAlG Cat Excess Liability President Geoffrey J. Smith

January 23,2009, article in The Royal Gazette reporting thearrest of former AIG Cat Excess Liability President GeoffreyJ. Smith in Bermuda for possession of illegal drugs.

Registered Agent page for Frederick S. Herzer, C.P.A., P.C.

Articles lncorporation for Frederick S. Hezer, C.P.A., P.C.

Articles of Amendment to the Articles of Incorporation forFrederick S. Hezer, C.P.A., P.C.

Management page for Frederick S. Herzer, C.P.A., P.C.

Exhibit B, and Exhibit B-1 through Exhibit B-8 are not the only evidence that

been, or necessarily will be, submitted in support of these and/or other motions

with the court on this date.

Respectfully submitted,

By:Roger K. Parsons

P.M.B .7392520 Avenue K, Suite 700Plano, Texas 75074(214) 649-8059(972) 295-2776 (FAX)


PLAINTIFF'S COMBINED SUPPLEMENTAL E\'IDENCE AS TO PLAINTIFF'SMOTION TO DISQUALIFYJDUGE FRED W, DAVIS AND MELODY M. WLKINSON,AND PLAINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 3 of 4

has

filed


I hereby certiff that on September 16, 2009, a true and correct copy of theforegoing document was served on the following counsel of record:

Jim RossJim Ross & Associates, P.C.420 E. Lamar Blvd. Suite 1 10Arlington, Texas 76011Counselfor Robert M. Greenberg, andLegal Services, P.C. Robert M. Greenberg, Attorney

R. H. WallaceMonika T. CooperShannon, Gracey, Ratliff & Miller, L.L.P.777 Main Street, Suite 3800Fort Worth, Texas 76102-5304Counselfor Robert E. Motsenbocker, and Shafer, Davis, O'Leary & Stoker, Inc.

\Mlliam D. Cobb, Jr.Cobb Martinez Woodward, P.L.L.C.1700 Pacific Avenue, Suite 4545Dallas, Texas 75201Counsel for the Estate of Frederick M. Baron and Baron & Budd, P.C'

Martin E. RoseTammy H. ColeRose.Walker, L.L.P.3500 Maple Avenue, Suite 900Dallas, Texas 75219Counsel for E. l. du Pont de Nemours and Company andConocoPhillips f/Ua Conoco, Inc.

Richard L. Smith, Jr.Quilling, Selander, Cummiskey & Lownds, P.C.2001 Bryan Street, Suite 1800Dallas, Texas 75201Counselfor Ronald \Mndle Turley andLaw Offices of \Mndle Turley, P.C. alWa Turley Law Firm, P.C.

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Roger K. Parsons

PI.AINTIFF'S COMBTNED SUPPLEMENTAL EVIDENCE AS TO PLAINTIFF'SMOTION TO DISQUALIFY JDUGE FRED W. DAVIS AND MELODY M. WILKINSON,AND PI-AINTIFF'S STATEMENT IN OPPOSITION TO THE TURLEY DEFENDANTS'REQUEST FOR SANCTIONS - Page 4 of 4

EXHIBlT

No. 017-217971-06


Plaintiff,

VS.


ROBERT E. MOTSENBOCKERSHAFER, DAVIS, O'LFARY & STOKER,lNC.flWa SHAFER, DAVIS, MCCOLLUM,ASHLEY, O'LEARY & STOKER, INC.;


E. I. DU PONT DE NEMOURS ANDCOMPANY; CONOCOPHILLIPS ttktacoNoco, tNC.;

RONALD WINDLE TURLEY; ANDI-AW OFFICES OF WINDLE TURLEY,P.C., alklaTURLEY lAW FIRM, P.C.;

Defendants,




AFFIDAVIT OF ROGER K. PARSONS - SEPTEMBER 16 2009

STATE OF TEXASCOUNTY OF COLIN

Before me, the undersigned notary, on this day personally appeared Roger K.

Parsons, the affiant, a peftion whose identity is known to me. After I administered an

oath to affiant, affiant testified:


2.

3.

1. My name is Roger K. Parsons. I am over eighteen (18) years of age, I havenever been convicted of a felony, and I am of sound mind. I am competent totestiff to the matters stated herein and I am capable of making this affidavit. Thefacts stated in this affidavit are within my personal knowledge and are true andcorrect.

I am the Pro Se Plaintiff in this lawsuit.

On September 2,2009, | filed Plaintiffs Motion to Disqualify Judge Fred W. Davisand Melody M. Wlkinson in this lawsuit based upon evidence and belielinformed by that evidence, testified about tn Affidavit of Roger K. Parsons -September 2, 2009, aftached thereto as Exhibit A.

On September 9, 2009, I was served with lhe Turley Defendants' StatementOpposing Plaintiffs Motion to Disqualtfy and Reguesf for Sancfibns.Subsequently, I continued my investigation into the financial dealings andcircumstances of Judge Melody M. \Mlkinson ("Judge \Mlkinson"). In mycontinued investigation, I discovered additional evidence being presented to thecourt through this affidavtt, Affidavit of Roger K. Parsons - September 16, 2009,and Exhibit B-1 through Exhibit B-8 attached hereto, that supports my motion,Plaintiffs Motion to Disqualify Judge Fred W. Davis and Melody M. Wlkinson,and that I wiff incorporate by reference into Plaintiffs Statement in Opposition tothe Turley Defendanfs'Reguest for Sanctions

5. Exhibit B-1, attached hereto, is a true and correct copy of the 2008 PersonalFinancial Statement Judge Wlkinson filed with the Texas Ethics Commission('TEC") that I paid the TEG to send me on August 18, 2009.

Exhibit B-2, attached lereto, is a true and correct copy of the Martindale-Hubbell@ Lawyers.comsM profile for Naman, Howell, Smith & Lee, L.L.P. that Idownfoaded on from the Lawyer.com website @ftp://www.lavwerc.coml onSeptember 13,2009.

Exhibits B-3-a, B-3-b and B-3-c, attached hereto, are true and correct copiesrespectively of the Registered Agent page, the Articles of Incorporation and theManagement page for Stockyards Meat Eaters Alliance of Texas, LLC that Iobtained from the website http:/lv,nvnr.sos.state.tx.us/comaintained by the Office of the Texas Secretary of State, Hope Andrade, on oraboutAugust 27,2009.

Exhibits B-3-a, B-3-b and B-3-c, attached hereto, are true and correct copiesrespectively of the Registered Agent page, the Articles of Incorporation and theManagement page for JWB Consulting Services, Inc. that I obtained from thewebsite hftp://rrwvr.sos.state.tx.u{m maintained by theOffice of the Texas Secretary of State, Hope Andrade, on or about September10,2009.

4.

6.

7.

8.

AFFIDAVIT OF ROGER K. PARSONS - SEPTEMBER 16, 2009 - Page2ot 4

9. Exhibits B-Sa, B-s-b and B-S-c, attached hereto, are true and correct copiesrespectively of the Registered Agent page, the Articles of lncorporation, Articlesof Amendment to the Articles of Incorporation and Management page for 82Systems Consulting, Inc. (flkla Ettendant.Net, Inc.) that I obtained from thewebsite http:l/wvvw.sos.state.U.uilm maintained by theOffice of the Texas Secretary of State, Hope Andrade, on or about September10,2009.

Exhibit 8-6, attached hereto, is a true and correct copy of a January 15, 2009,press release by Bermuda-based all-risk insurance company lronshore, Inc. thatI obtained from the lronshore, Inc. website (http://vvvtw.ironshore.cod, on orabout September 13, 2009.

Exhibit B-7, attached hereto, is a true and correct copy of a news article by TimSmith published on January 23,2009, in The Royal Gazefte that I obtained fromThe Royal Gazette website http:/lwtuw.rwalqazette.com , on orabout September 13, 2009.

Exhibits B-8-a, B-8-b, B-8-c and B-8-d, aftached hereto, are true and correctcopies respectively of the Registered Agent page, the Articles of lncorporation,Articles of Amendment to the Articles of lncorporation and the Management pagefor Frederick S. Herzer, C.P.A., P.C. that I obtained from the websitehttp:/ltrvwr.sos.stab.A.u{co maintained by the Office ofthe Texas Secretary of State, Hope Andrade, on or about September 10, 2009.

On September 14,2009, I attempted to locate the Registered Agent of record forJ\AIB Consulting Services, Inc., Frederick S. Hezer, at Suite 1111,8144 WalnutHill Lane, Dallas, Texas. Upon diligent observation and inquiry, I discovered thatSuite 1111 does not exist in this office building. Based upon a subsequentdiligent search of the Dallas County Appraisal District ("DCAD") real propertyrecords using the DCAD website http://vtww.dallascad.oruBe , Iconcluded that Frederick S. Herzer does occupy this physical address.

On September 14,2009, I attempted to locate the Registered Agent, President,Secretary and Director of record for Frederick S. Hezer, C.P.A., P.C., FrederickS. Hezer, at Suite 200, 5445 La Sierra, Dallas, Texas, and discovered afterdifigent observation and inquiry that Suite 2OO is vacant. Based upon asubsequent diligent search of the Dallas County Appraisal District propertyrecords using the DGAD website http:l/www.dallascad.o , Idiscovered that the owner of the real property at Suite 200, 5445 La Sierra,Dallas, Texas, is Frederick S. Herzer, C.P.A., P.C., who reports its address at thevacant Suite 2O0,5445 La Sierra, Dallas, Texas, 752314139.

Further, affiant sayeth not.

7 1 .

10 .

12.

13 .

14.

15 .

AFFIDAVIT OF ROGER K. PARSONS -SEPTEMBER 16,2009 - Page 3 of 4

\ --\

Subscriber and sworn

day of September 2009.

Roger K. Parsons

to before the undersigned Texas

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\ f/:'*1.as1.-,1-r-, r

notary public on the 16th

Notary Publi, State of Texas


Roger K. ParsonsPMB 7392520 AVENUE K, SU]TE 7OOPLANO, TE(AS 7 507 4-5342TEL +1 214.649.8059FAX +1 972.295.2776

September 21 ,2009

The Honorable Thomas A. WilderThnant Gounty District GlerkTanant County Justice Center, 3td Ffoor401 W. BelknapFort Worth, Texas 761 96

Dear Clerk:

Please find enclosed for filing in the referenced cause:

1. Letter to the Honorable Judge Jeff Walker; 96th District Gourt dated September 21,2009;

2. Plaintiff's Motion to Supplement Evidence to Hearing on Plaintiffs Motion to Disqualify JudgeFred W. Davis and Judge Melody M. Wlkinson;

S.Order on Plaintiff's Motion to Supplement Evidence to Hearing on Plaintiff's Motion toDisqualify Judge Fred W. Davis and Judge Melody M. Wlkinson; and

4. Fiat for a hearing setting tor 2.

Sincerely;

* v- \ ? \< . \ )

b*- \

Roger K. Parsof,S, Pro Se

enclosures

cc: (1) Jim Ross(2) R. H. Wallace and Monika T. Cooper(3) Wifliam D. Cobb, Jr.(4) Martin E. Rose and Tammy H. Cole(5) Richard L. Smith, Jr.

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Roger K. ParsonsPMB 7392520 K AVENUE, SUITE 7OOPI-ANO, TE(AS 7 507 4-5342TEL +'l 214,649.8059FAX +1 972.n5.2776

September 21 ,2009

The Honorable Judge Jeff Walker96th District CourtTarrant County Justice Genter, 7th Floor401 W. BelknapFort Worth, Texas 761 96-0223

Rq Cause No. 017-217971-06; Roger K. Pansons, et al. v. Robert M. Greenberg, et il.;In the 17th District Court of Tarrant County, Texas

Dear Judge Walker:

I appreciated your kind consideration of Plaintiff's Motion to Disqualify Judge Fred W. Davisand Melody M. Wilkinson last Friday afternoon. After reviewing my notes from the hearing, Ibecame aware of at least one mistake I made. At the beginning of the hearing, the Court statedthat my motion to recuse Judge Davis was mute because Judge Davis had retired. Although,the Court acknowledge later in the hearing that my motion was to disquality and rather thanrecuse Judge Davis, I understood the Court's earlier statement to be a ruling against mymotion to disqualify Judge Davis based upon the Court's review of my motion and myaffidavit, Affidavit of Roger K. Parsons -- September 2,20O9, and the exhibits attached thereto.Consequently when the Court gave me an opportunity to offer evidence for my motion, I didnot proffer Exhibit A-1 and Exhibit A-2 to Affidavit of Roger K. Parsons -- September 2,2OAg,because I wanted to comply with what I believed was with Court's prior ruling.

Now it occurs to me that I should have introduced Affidavit of Roger K. Parsons -- September2, 2009, and Affidavit of Roger K. Parsons -- September 16, 2009, and all exhibits attachedthereto, including Exhibit A-1 and Exhibit A-2. I should have allowed the Court to rule on thisevidence in light of the Court's understanding that my motion was to disqualify Judge Davisrather than to recuse him. To correct my mistake, I have enclosed Plaintiff's Motion toSupplement Evidence to Hearing on Plaintiff's Motion to Disqualify Judge Fred W. Davis andMelody M. Wilkinson, along with proposed orders granting the motion and setting a hearing onthe motion, if the Court feels that a hearing is necessary.

By copy of this letter, I have notified all of the attorneys present at the hearing and all theattorneys of record in this cause.

Sincerely,

--\ \\ 45..".^, \4 \ ?.*.-'*

Roger K. Parsons

Exclosures

c: Jim RossR. H. Wallace\Mlliam D. Cobb, Jr.Martin E. RoseRichard L. Smith, Jr.

Page 2 of 2

No. 017-217971-06


Plaintiff,

VS.


ROBERT E. MOTSENBOCKERSHAFER, DAVIS, O'LEARY & STOKER,lNC.flWa SHAFER, DAVIS, MCCOLLUM,ASHLEY, O'LEARY & STOKER, INC.;


E. I . DU PONT DE NEMOURS ANDCOMPANY; CONOCOPHILLIPS ftklacoNoco, tNC.;

RONALD WINDLE TURLEY; ANDLAW OFFICES OF WINDLE TURLEY,P.C., alkla TURLEY IAW FIRM, P.C.;

Defendants,




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PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFY

JUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON

TO THE HONOMBLE TARRANT COUNTY DISTRICT JUDGE:

Comes now Plaintiff Roger K. Parsons, Individually and as the Independent

Administrator of the Estate of Esther Ann Kartsotis Parsons ("Parsons" or "Plaintiff') and

fifes this Plaintiffs Motion to Supplement Evidence to Hearing on Plaintiffs Motion to

PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFYJUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON - Page 1 of 4

Disqualify Judge Fred W. Davis and Judge Melody M. Wlkinson, asking the Court to

consider as evidence for Plaintiffs Motion to Disqualify Judge Fred W. Davis and Judge

Melody M. Wtlkinson ("Plaintiffs Motion"), documents filed on September 2,2009, with

Plaintiffs Motion and documents filed on September 16, 2009, with Plaintiffs Combined

Supplemental Evidence as to Plaintiffs Motion to Disqualify Judges Fred W. Davis and

Melody M. Wlkinson, and Plaintiffs Statement in Opposition to the Tufley Defendants'

Reguesf for Sanctions. Plaintiff, pro se at the hearing, inadvertently failed to introduce

the following documents at the evidentiary hearing on Plaintiffs Motion that was held on

September 18, 2009:

Exhibit A (Affidavit of Roger K. Parsons - September 2, 2009) to PlaintiffsMotion to Disqualify Judge Fred W. Davis and Judge Melody M. Wlkinson:

Exhibit A-1 to Affidavit of Roger K. Parsons - September 2,2009;

Exhibit A-2 to Affidavit of Roger K. Parsons - September 2,2009; and

Exhibit B, (Affidavit of Roger K. Parsons - September 16, 2009) to PlaintiffsCombined Supplemental Evidence as to Plaintiffs Motion to Disqualify JudgesFred W. Davis and Melody M. Wlkinson, and Plaintiffs Statement in Oppositionto the Turley Defendanfs'Reguest for Sanctions.

Plaintiff respectfully asks that the Court consider these documents, attached

hereto, and any objections to them as a supplement to the evidence Plaintiff introduced

at the hearing on Plaintiffs Motion to Disqualify Judge Fred W. Davis and Judge Melody

M. Wilkinson.

PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFYJUDGE FRED W' DAVIS AND JUDGE MELODY M. WILKINSON - Page 2 of 4

Respectfu I ly su bm itted,

' , :\

By: t ("1*\<.- i)*-

P.M.B.739252A Avenue K, Suite 700Plano, Texas 75074(214) 649-8059(972) 295-2776 (FAX)


PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFYJUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON - Page 3 of 4


I hereby certiff that on September 21,2009, a true and correct copy of theforegoing document was served on the following counsel of record:

Jim RossJim Ross & Associates, P.G.420 E. Lamar Blvd. Suite 1 10Arlington, Texas 76011Counselfor Robert M. Greenberg, andLegal Services, P.C. Robert M. Greenberg, Attorney

R. H. WallaceMonika T. CoooerShannon, Gracey, Ratliff & Miller, L.L.P.77V Matn Street, Suite 3800Fort Worth, Texas 76102-5304Counselfor Robert E. Motsenbocker, and Shafer, Davis, O'Leary & Stoker, Inc.

\Mlliam D. Cobb, Jr..Cobb Martinez Woodward, P.L.L.C.1700 Pacific Avenue, Suite 4545Dallas, Texas 75201Counsel for the Estate of Frederick M. Baron and Baron & Budd, p.C.

Martin E. RoseTammy H. ColeRose.Walker, L.L.P.3500 Maple Avenue, Suite 900Dallas, Texas 75219Counsel for E. l. du Pont de Nemours and Company andConocoPhillips f/k/a Conoco, lnc.

Richard L. Smith, Jr.Quilling, Selander, Cummiskey & Lownds, P.C.2001 Bryan Street, Suite 1800Daflas, Texas 75201Counselfor Ronald \Mndle Turley andLaw Offices of Windle Turley, P.C. alkla Turley Law Firm, p.C.

\z [)\'\ \..

- 6.*-=a-^-1 -

Roger K. Parsons

PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFYJUDGE FRED W. DAVIS AND JUDGE MELODY M. W|LK|NSON - page 4 of 4

No. 017-217971-06


Plaintiff,

VS.


ROBERT E. MOTSENBOCKERSHAFER, DAVIS, O'LEARY & STOKER,INC . flkla SHAFER, DAVIS, MCCOLLUM,ASHLEY, O'LEARY & STOKER, INC.;


E. I . DU PONT DE NEMOURS ANDCOMPANY; CONOCOPHILLIPS flWacoNoco, tNC.;

RONALD WINDLE TURLEY; ANDLAW OFFICES OF WINDLE TURLEY,P.C., alkla TURLEY LAW FIRM, P.C.;

Defendants,




ORDER ON PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFY

JUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON

After considering Plaintiffs Motion to Supplement Evidence to Hearing on

Plaintiffs Motion to Disqualify Judges Fred W. Davis and Melody M. Wlkinson

("Plaintiffs Motion"), and the objections the judge of this administrative judicial district:

GRANTS Plaintiffs Motion, and ADMITS the following evidence:

ORDER ON PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFYJUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON - Page 1 of 2

(1 ) Exhibit A (Affidavit of Roger K. Parsons - September 2,2009) to PlaintiffsMotion to Disgualify Judge Fred W. Davis and Judge Melody M.Wlkinson;

Exhibit A-1 to Affidavit of Roger K. Parsons - September 2,2009;

Exhibit A-2to Affidavit of Roger K. Parsons - September 2,2009; and

Exhibit B, (Affidavit of Roger K. Parsons - September 16, 2009) toPlaintiffs Combined Supplemental Evidence as to Plaintiffs Motion toDisqualtfy Judges Fred W. Davis and Melody M. Wlkinson, and PlaintiffsStatement in Opposition to the Turley Defendanfs'Reguestfor Sanctions.

SIGNED on 2009.

PRESIDING JUDGE

(2)

(3)

(4)

ORDER ON PLAINTIFF'S MOTION TO SUPPLEMENT EVIDENCETO HEARING ON PLAINTIFF'S MOTION TO DISQUALIFYJUDGE FRED W. DAVIS AND JUDGE MELODY M. WILKINSON - Page 2 of 2

No. 017-217971-06


Plaintiff,

VS.


ROBERT E. MOTSENBOCKER;SHAFER, DAVIS, O'LEARY & STOKER,INC . flVa SHAFER, DAVIS, MCCOLLUM,ASHLEY, O'LEARY & STOKER, INC.;


E. I . DU PONT DE NEMOURS ANDCOMPANY; CONOCOPHILLIPS ftktacoNoco, lNC.;

RONALD WINDLE TURLEY; ANDLAW OFFICES OF WINDLE TURLEY,P.C., alkla TURLEY IAW FIRM, P.C.;

Defendants.




FIAT

Plaintiffs Motion to Supplement Evidence to Hearing on Plaintiffs Motion to

Disqualify Judges Fred W. Davis and Melody M. Wlkinson will be heard at

o'clock .m. on the day of

2009.SIGNED on this day of

JUDGE PRESIDING

, 2009.

Plaintiff's Motion to Disqualify Davis and WIlkinson

Documents

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