IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA


Marquitta L. Portman,                  *
     Plaintiff,                        *
   v.                                  *
The Honorable GEORGE H. KREEGER,       *
The Hon. ROBERT E. FLOURNOY, Jr.       *
The Honorable DOROTHY ROBINSON,        *    CIVIL ACTION
The Honorable S. LARK INGRAM,          *    FILE NO.
The Honorable JAMES G. BODIFORD,       *
The Honorable MICHAEL STODDARD,        *    99-1-7941-24
JAY STEPHENSON, Clerk of Cobb County   *
    Superior Court,                    *
LARRY W. YARBROUGH, Attorney at Law,   *
DARYL KIDD, Attorney at Law,           *
GREGORY RUSSELL PORTMAN, and           *
R. WYNETTE KENNEDY PORTMAN,            *
    Defendants     

Motion for Clarification

COMES NOW, Marquitta L. Portman, Plaintiff in the above styled matter, and files this her Motion for Clarification, and shows this Court the following:

1.

Thursday, September 14, 2000, the above named Plaintiff did receive a copy of Certificate Requesting Services of Senior Judge and Order of Appointment of Senior Judge dated June 5, 2000 and filed July 6, 2000, signed by the Honorable William T. Boyett, Administrative Judge of the Seventh Judicial Administrative District. Said Certificate and Order was included as an attachment to a responding letter from Jody Overcash, District Court Administrator, letter dated September 12, 2000. Thursday, September 14, 2000 is the date of Plaintiff's first knowledge of the content of said July 6, 2000 Certificate and Order.

2.

Also included as an attachment to the above cited letter was a copy of Order, dated May 10, 2000 and filed May 10, 2000, signed by the Honorable Kenneth O. Nix, Superior Court of Cobb County Judicial Circuit. Plaintiff had previously been in receipt of said May 10, 2000 Order, for it had been served by mail to Plaintiff by the Superior Court of Cobb County.

3.

By all general appearances of these two Orders, and as presented in Ms. Overcash's letter, the average person is led to conclude that Civil Action File No. 99-1-7941-35 is now subject to the jurisdiction of the Court of the Honorable Rufe E. McCombs, Senior Judge, Superior Courts, State of Georgia.

4.

The docket for the above named Civil Action is available on the internet at: http://www.cobbgasupctclk.com/scripts/courtscv.dll/CivilDocketDetail?caseno=99107941&currec=90&maxperpage=30&D=4&color=4 However, the July 6, 2000 Order is not listed on said docket. Consequently, the average person is led to conclude that Civil Action File No. 99-1-7941-35 is not assigned to ANY judge.

5.

Plaintiff hereby submits as Exhibit A, her concurrent correspondence with the Honorable Robert J. James, Administrative Judge of the 7th Judicial Administrative District, dated December 11, 2000. 

WHEREFORE, Plaintiff prays that:

  1. the Administrative Judge of the 7th Judicial Administrative District immediately disqualify all judicial officers of the Cobb Circuit and all assisting judges within the Circuit,
  2. the Administrative Judge of the 7th Judicial Administrative District immediately issue a Court Order clarifying the assigned trier for the instant case, as directed by the May 10, 2000 Order of Judge Kenneth O. Nix. If such assignment has not yet been made, plaintiff now prays that said action immediately be completed by the current Administrative Judge of the 7th Judicial Administrative District.
  3. the Administrative Judge of the 7th Judicial Administrative District immediately identify all "filed" documents in the above named Civil Action, including those which may be "filed in office," "confidential," or simply retained in any Judge's office. It is plaintiff's prayer that the Record, as available on the internet, be complete and accurate and reflect ALL pleadings, correspondence, and Orders. 
  4. that the assigned appropriate Court grant Plaintiff an extension of 90 days in which to engage in meaningful discovery,
  5. that the assigned appropriate Court deny all Defendants' Motions for Protective Order, Motions to Quash, and Motions to Dismiss.
  6. that Plaintiff be granted any further relief as determined by the Administrative Judge of the 7th Judicial Administrative District.

Respectfully submitted, this 11th day of December, 2000.




Marquitta L. Portman, Plaintiff
261 Pioneer Trail
Marietta, GA 30068-3470
770-971-9455 home
770-528-6920 school