Swanenburg Opinion Letter 10 19 2013

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Seventh Judicial Circuit, Commonwealth of Virginia, Hon. Timothy J. Fisher, Judge Christopher T. Swanenburg v. Todd D. Boward Case no. CL1100872P-03 "So factually, the court was faced with the defendant's admission of having made the statement alleged on June 24, 2010 and the plaintiff's (Swanenburg) essential admission of having used that word in a public forum at a lacrosse game on March 3, 2010."

Swanenburg Opinion Letter 10 19 2013

Swanenburg Opinion Letter 10 19 2013

Swanenburg Opinion Letter 10 19 2013

Swanenburg Opinion Letter 10 19 2013

Swanenburg Opinion Letter 10 19 2013

Swanenburg Opinion Letter 10 19 2013

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Fisher explained that after speaking with another attorney about the matter, he decided that disclosure of the public reprimand was not necessary. Fisher advised that he had filed the Application in haste at the request of a client. Fisher explained that he had wanted to avoid drawing attention to the disciplinary action taken by the Virginia State Bar. Fisher contended that he did not mislead the Court by failing to make the disclosure requested in the Application because the reprimand was public. Fisher argued that, as the reprimand had come from an agency of the Supreme Court of Virginia, and not from the Supreme Court itself, there had been no action in “any court” pertaining to his conduct or fitness. Accordingly, he concluded that disclosure of the reprimand was not technically required.

Fisher's Application to US Bankruptcy Court

Fisher's Application to US Bankruptcy Court

Fisher's Application to US Bankruptcy Court

Judge's opinion letter sanctions june 25 2015

Judge's opinion letter sanctions june 25 2015

Judge's opinion letter sanctions june 25 2015

Swanenburg Response to Sanctions

Swanenburg Response to Sanctions

Swanenburg Response to Sanctions

Case File Log Swanenburg v Boward TI

Case File Log Swanenburg v Boward TI

Case File Log Swanenburg v Boward TI

Case File Log Swanenburg v. Boward

Case File Log Swanenburg v. Boward

Case File Log Swanenburg v. Boward

Case File Log Swanenburg v Elliott

Case File Log Swanenburg v Elliott

Case File Log Swanenburg v Elliott

Transcript of proceedings 10 21 2014

Transcript of proceedings 10 21 2014

Transcript of proceedings 10 21 2014

Swanenburg's Sad Saga Ends! On April 1, 2015 Swanenburg's Sad Saga ended when a jury found for the defendant effectively ending his four year reign of legal terrorism against his former assistant coach. A Motion for Sanctions was filed on April 22, 2015 against Swanenburg and his attorney, D. Hayden Fisher essentially arguing that Swanenburg and Fisher violated the rules of the court. § 8.01-271.1. Signing of pleadings, motions, and other papers; oral motions; sanctions. Except as otherwise provided in §§ 16.1-260 and 63.2-1901, every pleading, written motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, and the attorney's address shall be stated on the first pleading filed by that attorney in the action. A party who is not represented by an attorney, including a person confined in a state or local correctional facility proceeding pro se, shall sign his pleading, motion, or other paper and state his address. The signature of an attorney or party constitutes a certificate by him that (i) he has read the pleading, motion, or other paper, (ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, written motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. An oral motion made by an attorney or party in any court of the Commonwealth constitutes a representation by him that (i) to the best of his knowledge, information and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and (ii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is signed or made in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed the paper or made the motion, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper or making of the motion, including a reasonable attorney's fee.

Swanenburg v. Boward CL1400580V-04 Case File Log

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ORDER (Contempt ofCourt for Failure to Appear) THIS MATTER is before the Court on a rule requiring Counsel for Plaintiff, Douglass Hayden Fisher, Esquire, to show cause why he should not be held in Contempt of Court for failure to appear before the Court for an Initial Pretrial Conference, which occurred on July 10, 2014. A copy ofthe rule was personally served on Counsel for Plaintiff by the U.S. Marshal. At the show cause hearing on August 5, 2014, the Court held Counsel for Plaintiff in CONTEMPT OF COURT and ORDERED Counsel for Plaintiff to pay a $200 fine within ten (10) days ofthe date ofthis Order. Payment SHALL be made to the Clerk, U.S. District Court

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Swanenburg's letter as part of his continuing actions against the coach that replaced him after what he refers to as his "unlawful termination". This letter was apparently written over two years after his alleged discovery that predicated his first lawsuit. In this letter Swanenburg states that he will be filing at least two additional suits. Swanenburg also makes additional allegations against his former assistant coach with allegations allegedly obtained in discovery presumably from deposition testimony of another assistant coach who was part of the coaching staff that succeeded Swanenburg. Swanenburg also invokes the tragedies at the University of Virginia and Virginia Tech in a seemingly despicable attempt to bring legal scrutiny on to his former assistant coach.

Swanenburg Letter to Martin

Swanenburg Letter to Martin

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Letter written by Swanenburg on June 24, 2010 apparently pleading his dissatisfaction with the university after his departure. The letter appears to be in response to the university's denial of his request for a board hearing. Swanenburg's letter claims that the university intentionally harmed him, and "to fire a coach in the middle of a playing season suggests gross misconduct". Swanenburg also invokes the tragedy involving the lacrosse programs at the University of Virginia. Ironically, the letter is dated June 24, 2010 which is the same day that Swanenburg pleads that defamatory comments were made about him. Apparently, the letter is significant because it appears to be the beginning of the potentially frivolous litigation that has now lasted over 4 years.

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Swanenburg's second defamation suit against Boward. This suit alleges that Boward is now responsible for declining enrollment in Capital Lacrosse enrollment. Swanenburg now seeks $500,000 in compensatory and $350,000 in punitive damages. Suit was filed after Swanenburg was granted nonsuit in first defamation suit. Swanenburg now complains that defendant is tortiously interfering with his lacrosse business, does not specify damages.

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