A Motion to Consider Sanctions FILED against Attorney David J. Bodney
Motion for sanctions filed in the case William Yeager v. National Public Radio. The complete filing is linked below that directs to the pdf file to the authentic case file.
Mr. William Delaney investigations department at the Disciplinary Office in Kansas stated "Mr. Yeager, let me tell you this, I was a police officer before, and I have been in the Federal Courts to testify, and I can tell you this, you cannot in any way or manner submit any document to a court, I don't care what kind of document it is, you can not omit something and say it is "true and correct" and it is not!"
Questionable Behavior Possible Sanctions:
The Plaintiff respectfully requests from the Court an inquest into the questionable conduct of the Defendants' attorney, David Bodney, as to whether or not there has been any violations or intention to interfere with the judiciary process, by ways and means of alteration of true and correct copy of email communications, alteration of true and correct conversation regarding our phone conference to confer about the discovery process in good faith, advising opponent (unrepresented)
David Bodney provided to the court an exhibit ( DKT 27-1) that included 6 emails between the Plaintiff
The emails listed above show dates of the 20th, 21st, 24th and 26th. The email that was either "purposely or accidentally"
Improper Legal Advice
David Bodney writes "I can state that there is no basis for adding individual defendants to your complaint – and every reason to remove Ashley Messenger as a defendant."
Rule 4.3 and Restatement Section 103 advises that: "The attorney has an affirmative duty to correct any misunderstanding of the pro se adversary as to the attorney's role in the matter." and "The attorney has a duty to refrain from providing legal advice to the pro se adversary, other than the advice to secure counsel."
Spoliation of Evidence
Mr. David Bodney stated: parties agree to preserve all discoverable information, including electronically-
Somewhere between the months of June and September 2018, the social media account of the Defendant Andrew Flanagan (His Facebook Account) was taken down.