letter to Judge Steven Pestka

Honorable Steven M. Pestka

Kent County Circuit Court

Kent County Courthouse

180 Ottawa Ave., N.W.                                                                                   July 19, 2005

Grand Rapids, MI 49503                                                                                 Via Facsimile

                                                                                                                        Approx. 4:15p

RE: McMenamin v. Holland

            Case No.: 2003-009173-DC

In light of the scheduling of this matter for a “Settlement Conference” despite my repeated requests to establish a Pre-Trial Conference to determine witnesses, experts, and standard pretrial process regarding discovery, a Settlement Conference is essentially moot. I plan on filing a Motion later this week to have you removed as the Judge on this case due to inter alia, numerous Due Process violations in this matter, including some of which Mr. Walsh has been a willing participant in as well as the Kent County Friend of the Court.

The order that should have been entered after the fourth of July weekend at the parody of a hearing regarding my request for De Novo review of my Summer Parenting Time Motion was going to be objected to and Mr. Walsh has been in the habit of not correcting any of the deficient orders in this case and then later blaming them on me apparently with your blessing. His actions and this Court’s actions have only served to intentionally prejudice me in this case and also with my relief regarding Summer Parenting Time, Trial, and Discovery matters. The motion will be filed this week for your disqualification as it is clear that I am unable to achieve a fair and impartial hearing under the whimsical scheduling and operating procedures as well as substantial other violations that have affected this case.

If it is the court’s mandate to require appearance at the “Settlement Conference” I will be happy to appear, however, only to discuss reasonable Pre-Trial procedure per stipulation between Mr. Walsh and myself. I also planned on moving to set aside the Order that should have already been submitted but unduly and intentionally delayed by Mr. Walsh. My motion for your disqualification however will be forthcoming after the scheduled Settlement Conference.

Very Truly Yours,

/S/ /S/

Lary Holland