Letter to Peter Walsh

To: Peter Walsh                                                                                    September 19, 2005

RE: McMenamin v. Holland

       Case No: 03-09173-DC

In my prior letter to both you and Judge Pestka on July 28, 2005 I reiterate that you did not communicate any deficiencies to me with regard to any discovery shortcomings until your out of the blue allegations on both July 28, 2005 and September 16, 2005, which still were quite unclear. I also want to point out that Judge Pestka ruled that if you still had deficiencies that they would be dealt with at the Evidentiary Hearing essentially limiting your ability to suddenly file a follow-up show cause to the issue in the interim.

This is what happens when you delay orders and try and skew the truth. You were not then and are still not entitled to any default based on alleged Discovery issues pertaining to a child custody dispute. I have reviewed case law being generated all over the country that defaults on these issues are irrelevant to child custody disputes and your constructed pursuit of a default, because you know your client is certainly not a better parent, is a waste of time.

I again raise the issue of specifically what items do you believe are deficient at this time pertaining to discovery, as I did on July 28, 2005 to both you and Judge Pestka, and request that you state what you want and not what you think I did not do. I can’t help that your client stole the payroll information; everything else has been disclosed in open court. You are hinging on items meant only to harass and hope that I am tossed aside in jail somewhere.

I would also encourage you to quash your own subpoena instead of demonstrating your lack of knowledge pertaining to the use of them over a party. Seriously, even the hand-written items are a violation of the rules governing subpoenas over the party anyway. It’s time to get to the point and stop with the harassing legal anomalies that you have been pulling as of late.

Very Truly Yours,

/s/ /s/

Lary Holland