Martin Lawsuit004

IN T H E C I R C U I T COURT O F T H E F I R S T J U D I C I A L D I S T R I C T O F
HINDS COUNTY, MISSISSIPPI
C O R D E R O B L A C K M O N ; C H A R I T Y BRADY;
SHARIE D E S S E L L ; A S H L E Y DIXON: K A R E S S I A
GIBSON; MONIQUE L . GRAHAM; L A ' D E R I A N
H A R T W E L L ; JOAN JONES; BARBARA D. N E V E L S ;
P A M E L A W R I G H T ; E R I C A D. T W I L L E Y ; C H I K I E T A
S. C L A R K ; B E V E R L Y A. E L L I S ; B I L L I E R O B E R T S O N ;
C R Y S T A L HARRIS; T E R R I E T T E L . WEIDMAN;
C O U R T N E Y F L A G G S ; LAJUANNA ANDERSON;
J U L I E Y A T E S ; RHONDA R. M O O R E ; J E f F R Y SANDERS;
JESSICA CURTISS; JOSEPH DEDEAUX; J E N N I F E R
RUNNELS; CHARISSE A. PITTS; SANDRA D. JOHNSON;
A S H L E Y M. B E L C H E R ; K I Z Z Y D. THORNTON;
T E R R A N C E B E L L ; T E R R Y T. B A R K S D A L E ; TAMARA
GRAY PLAINTIFFS
V. C A U S E NO.: 251-11-954 C I V
VIRGINIA C O L L E G E AT J A C K S O N ; V I R G I N I A
C O L L E G E , L L C ; EDUCATION C O R P O R A T I O N
OF A M E R I C A ; E D U C A T I O N CORPORATION O F
A M E R I C A , INC.; DAVID A. PODESTA, IN HIS
O F F I C I A L AND PERSONAL C A P A C I T I E S ; M I L T O N
ANDERSON, IN HIS O F F I C I A L AND PERSONAL
C A P A C I T I E S ; E R I C A C L A R K , IN H E R O F F I C I A L AND
PERSONAL C A P A C I T I E S ; AND JOHN DOES 1-15 DEFENDANTS
W A R R E N L . MARTIN, JR. AND W A R R E N L . MARTIN, JR., P . A / S

RESPONSE AND OPPOSITION TO T H E
MOTION FOR D E T E R M I N A T I O N O F A T T O R N E Y S ' F E E S
COME NOW, Warren L. Martin, Jr. and Warren L. Martin, Jr., P.A. (hereinafter
referenced as "WLMJR") pursuant to the applicable rules and files this response in opposition
to the Motion for Determination of Attorneys' Fees filed by Kenya R. Martin and would state
the following to-wit:
PROCEDURAL AND FACTUAL BACKGROUND
1. The instant case is one of several filed by WLMJR and Kenya R. Martin, as
associated counsel, against Virginia College, LLC and others.
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2. Sometime in February 2013, the parties reached a settlement of the instant
action. This settlement was contemporaneous with resolution of a pending federal action
styled; Virginia College, LLC v. Kenya Martin, et. ai, U.S. District Court (Southern District);
Cause No.: 3:ll-CV-682-DPJ-KFB.
3. Upon joint motion of the parties, the trial judge appointed Amy Whitten as
special master, a copy of the appointment order is attached hereto and incorporated by
reference as Exhibit A.
4. On April 25, 2013, Defendants Kenya R. Martin and Kenya R. Martin, LLC
(hereinafter referred to collectively as "Kenya Martin") filed a Notice of Attorney's Lien in
Cordero Blackmon, et al. v. Virginia College at Jackson, et al. pending in the Circuit Court of
the First Judicial District of Hinds County, Mississippi as Civil Action No. 251-11-954
{'"Blackmon"). In the Notice of Attorney's Lien, Kenya Martin alleged he was "owed Thirty
Thousand Dollars ($30,000) and other consideration for good and valuable services rendered
in the representation of all named Plaintiffs" as well as an additional $50,000 "against
Virginia College, LLC; Warren L. Martin, Jr.; Warren L. Martin, Jr., Esq.; and/or other named
Defendants." {See Notice of Attomey's Lien, attached hereto as Exhibit B; see also Virginia
College's Response to Notice of Attomey's Lien, attached hereto as Exhibit C.) The Notice
of Attomey's Lien did not provide a basis for Kenya Martin's claim to $80,000, nor an
itemization as to the time allotted to demonstrate an attomey's fee. Further, the Notice of
Attomey's Lien lacked an executed contingency free agreement with the alleged clients.
5. In an email correspondence, Kenya R. Martin states, "This payment represents
the agreement that VC and/or ECA would pay me and mv firm $50.000.00 to cover the
expenses I incurred in defending against the bogus federal lawsuit filed against me. . . ." A
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copy of this email correspondence is attached hereto and incorporated by reference as Exhibit
D. (Underlined for Emphasis).
6. On July 19, 2013, Kenya Martin filed essentially the same motion again in
Blackmon, only with a new title - Motion for Payment of Attomey's Fees, Costs,
Compensation and Expenses. (See Motion for Payment, attached hereto as Exhibit E; see also
Defendants' Response to Motion for Payment, attached hereto as Exhibit F, and Warren L.
Martin, Jr.'s Joinder is attached hereto as Exhibit G.) This Motion was not a renewed motion
or reply in support or a supplement, but simply a new motion that again sought $80,000
without firrther explanation or support. (Id.) Significantly, none of the liens or motions
filed by Kenya R. Martin contain any supporting affidavits, contracts or documents of
any evidentiary value. (Bold and Underlined for Emphasis). Special Master Amy Whitten
had the same concerns which she outlined in a letter to the trial judge wherein she states,
[e]arly on in my communications with Mr. Kenya Martin, I asked him to

produce documentation or argument in favor of his position. To date, he has
not. . . . I have every intention of hearing Mr. Kenya Martin's motion, i f [the
court] consider it to be included in your referral of the case to me. Given the
lengthy delay in resolving the settlement distribution to Plaintiffs, coupled with
Mr. Kenya Martin's failure to provide me with nay documentation or argument
in favor of his position, I deemed it important that we begin to move toward
resolving the distribution issue so that the Plaintiffs can be paid.
A copy of Amy Whitten's July 22, 2013 correspondence is attached hereto and incorporated
by reference as Exhibit H.
7. At the time of Kenya Martin's fihngs in Blackmon, Virginia College and
Warren Martin were unsure of the genesis of his claims. However, on Wednesday, August 21,
2013 a telephonic hearing was held before the Special Master^ in Blackmon wherein Kenya
' As background, the Blackmon matter has settled; however, at the request of plaintiffs in that matter a Special
Master has been appointed to allocate the settlement fiinds. Upon the filing of Kenya Martin's motions for liens
and attomey's fees, Judge Green charged the Special Master with authority to decide and rule upon all pending
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Martin made his allegations clear for the first time. On the call, Kenya Martin alleged that he
and Virginia College's counsel had a "side-deal," separate and apart from the Settlement
Agreement wherein Virginia College's counsel agreed to pay him $50,000 of the settlement
proceeds in satisfaction of his malicious prosecution claim (that he believed he had a result of
the allegedly wrongfial filing of this action against him by Virginia College). When Kenya
Martin's preposterous allegations became clear, the undersigned began work on the instant
motion to obtain a ruling from this Court to enforce the parties' Settlement Agreement against
Kenya Martin. Again, wholly in contradiction of the settlement agreement which he signed,
Kenya Martin has stated in writing, "This payment represents the agreement that VC and/or
ECA would pay me and my firm $50.000.00 to cover the expenses 1 incurred in defending
against the bogus federal lawsuit filed against me. . . ." See Exhibit D. (Underlined for
Emphasis).
8. Then, on or about August 26, 2013, Kenya R. Martin filed a Notice of
Amendment of Assertion of Attomey's Lien in the Blackmon matter wherein he admittedly
asserts that the previous liens he filed were false and fraudulent. A copy of this pleading is
attached hereto and incorporated by reference as Exhibit L Troubling for Kenya R. Martin, is
that by signing this Amended Attomey's Lien, he is unequivocally stating in an official court
pleading that the initial two liens which he filed were false and/or fraudulent. (Underlined for
Emphasis).
9. Now, in an effort to reach the same result only in a different manner, Kenya R.
Martin completely flip-flops and states that the $50,000.00 sum was promised to him by
motions. Counsel for Virginia College and Warren L. Martin, Jr. have alerted the Special Master that the
allegations of Kenya Martin are improperly before her and should be instead infrontof the U.S. District CuuiL
for the Southern District of Mississippi, as that Court retained jurisdiction over matters relating to the parties'
Settlement Agreement.
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Warren L. Martin, Jr. as consideration to get Kenya R. Martin to dismiss his claims in the
present action. This contention is made without any proof or supporting documentation. A
copy of Kenya R. Martin's Motion for Determination of Attomeys' Fees is attached hereto
and incorporated by reference as Exhibit J. Further, Kenya R. Martin asserts that he is owed
a judgment from Warren L. Martin, Jr. but fails to state (i) the particulars o f such an
agreement; (ii) when such an agreement was made; (iii) the basis for such an agreement and
(iv) any documents which substantiate the existence o f such an agreement.
10. The undersigned counsel has alerted the Special Master that this court lacks
jurisdiction over all matters related to the Virgima College v. Martin, et. al.. case. A copy of
the undersigned's email to Special Master Amy Whitten is attached hereto and incorporated
by reference as Exhibit K. See Exhibit D.
ARGUMENTS
A. Kenya R. Martin Had No Contingency Fee Agreements.
In his assertion for thousands of dollars in attorneys' fees, Kenya R. Martin has wholly
failed to demonstrate he had any contingency fee agreement(s) or contact(s) with any of the
Blackmon plaintiffs. Despite filing multiple false and fraudulent attomeys' liens, Kenya R.
Martin caimot demonstrate any legally binding relationship between his law firm and any of
the Blackmon clients. Additionally, Kenya R. Martin has failed to notify his clients that he
asserted liens against funds rightfully belonging to the Blackmon plaintiffs. As this Court is
aware, our Court prefers the existence of a written contingency fee contract which govems the
relationship between the attomey and the clients.-Pane//v. Guess, 671 So.2d 1310, 1315
(Miss. 1996). However in the absence of a written agreement, a court consider an attomeys
fee on a quantum meruit basis. Pool v. Gwin, Lewis & Punches, LLP, 792 So.2d 987, 990
(Miss. 2001).
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B. Under Quantum Meruit Analysis, Kenya R. Martin is not Entitled to Greater
than Twenty-Five (25) Percent of the Overall Blackmon Fee.
Even under a quantum merit analysis, Kenya R. Martin has failed to demonstrate that
he has done and/or performed greater than twenty-five (25) percent of the work in Blackmon
which was necessary in realizing the attorneys' fee.
/. Warren Martin's Law Firm Performed a Majority of the Legal Work
In fact, Warren L. Martin, Jr. and his law firm (i) were lead counsel in Blackmon; (ii)
performed the lion's share of the work and (iii) maintained contingency fee agreements with
the Blackmon plaintiffs. A copy of Warren L. Martin, Jr., P.A.'s expenses^ in the Blackmon
litigation are attached hereto and incorporated by reference as Exhibit L . Warren L. Martin,
Jr. and his law firm secured all client documentation, in-takes, notes, releases and etc. For
example, a copy of the email correspondence forwarding the release to counsel for Virginia
College is attached hereto as Exhibit M . Warren L. Martin, Jr. and his law firm kept the
clients reasonably informed about the status of the instant litigation via written
correspondence, copies of which are available to the Court and/or Special Master Whitten.
Warren L. Martin, Jr. and his law firm maintained a positive, working relationship with
counsel for Virginia College, LLC and Education Corporation of America, and it was this
relafionship which brought about, in part, the negotiated settlement. Warren L. Martin, Jr.
and his law firm maintains the client's personal documents and notes which were used to craft
the legal claims and arguments advanced in the litigation. Warren L. Martin, Jr. and his law
firms maintain the clients' files, releases and photo identification provided during the
litigation.
^ Counsel for the plaintiffs agreed to waive his expenses in this litigation in an effort to increase the clients'
overall net recovery.
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Warren L. Martin, Jr., P.A.'s support staff has spent over one-hundred and seventy-
five (175) hours in support, consulting, drafting, researching and filing Blackmon related
pleadings, releases and documents. The affidavit of Franceenina S. White is attached hereto
and incorporated by reference as Exhibit N. The affidavit of Nikki Wheeler is attached
hereto and incorporated by reference as Exhibit O. To this end, at least seventy-five (75)
percent of the total attorneys' fee should be awarded to Warren L. Martin, Jr. and Warren L.
Martin, Jr., P.A.
2. Kenya R. Martin has Failed to Establish His Entitlement to Any Fee.
To date, Kenya R. Martin has not offer the first document which demonstrates his
entitlement to any fee in the Blackmon case. (Underlined for Emphasis). Again, Special Master
Amy Whitten had the same concerns which she outlined in a letter to the trial judge wherein she states,
"[ejarly on in my communications with Mr. Kenya Martin, I asked him to produce documentation or
argument in favor of his position. To date, he has not." See Exhibit H. "We have found quantum
meruit is a possible method for determining attorneys' fees." Duggins v. Guardianship of
Washington, 632 So.2d 420, 431 (Miss. 1993). In order for a quantum meruit award to be
proper, the claimant must have a reasonable expectation of payment for services. The
claimant's measure of recovery is the reasonable value of the services. Estate of Johnson v.
Adkins, 513 So.2d 922, 926 (Miss. 1987). Here, Kenya R. Martin has failed to show (i) any
reasonable expectation for payment of services and (ii) what the measure of his recovery is
based upon the value of the services he allegedly provided. To this end, this Court carmot
speculate or provide a framework as to what Mr. Kenya R. Martin's fees should be.
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C. This Court Lacks Jurisdiction to Enter a Judgment against Warren L .
Martin, Jr. or Warren L . Martin, Jr., P.A.
In a desperate and illogical attempt, Kenya R. Martin and his counsel argue that (i)
there was some agreement between Kenya R. Martin and Warren L. Martin, Jr. to pay funds
and (ii) due to this existence of such agreement that this Court can and should enter a
judgment against Warren L. Martin, Jr. and/or Warren L. Martin, Jr., P.A. These arguments
are unfounded, illogical and violative of due process and fundamental faimess.
In order for any circuit court to exercise jurisdiction, the court must first determine
whether it is has jurisdiction over the parties and subject-matter. Duvall v. Duvall, 224 Miss.
546, 552, 80 So.2d 752, 754 (Miss. 1955). ("[PJarties cannot, by consent, give a court. . .
.jurisdiction of subject matter of which it would otherwise not have jurisdiction. Jurisdiction
in this sense carmot be increased or diminished by the consent of the parties.")
Traditionally, in Mississippi, courts of equity have jurisdiction over quantum meruit
suits involving attorney-client contingency fee contracts. Pool, 792 So.2d at 991. The Poo/
Court held, "[w]e find that quantum meruit claims are equitable and should be brought in the
chancery court." Id. To this end, the Circuit Court of Hinds Cotmty would not have proper
jurisdiction^ to hear or adjudicate a claim of attorneys' fees under a equitable analysis.
Importantly, there was never any agreement (written or otherwise) between Warren L.
Martin, Jr. and Kenya R. Martin or their respective firms to tender to Kenya R. Martin any
more or less than the agreed-upon attomeys fee. The swom and verified affidavit of Warren
L. Martin, Jr. attached hereto and incorporated by reference as Exhibit P. This creative
argument first appeared after the lawyers attend the hearing before Special Master Whitten,
^ This Court would have jurisdiction to adjudicate the issue of an attorneys'freedispute where the attorneys'
fees generated derivefromthe case over which the Circuit Court maintains jurisdiction. In his latest filing,
Kenya R. Martin is requesting a judgment against Warren L. Martin, Jr. and Warren L. Martin, Jr. which exceeds
the attorneys' fees generated in the Blackmon case.
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on Friday, August 23, 2013. It was at that time that the special master expressed serious
concern over the false attorneys' liens filed by Kenya R. Martin, and instructed Mr. Kenya
Martin to file an Amended Attorneys' Lien. See Exhibit I. Only after that meeting does Mr.
Martin begin to assert a new argument that there was some phantom agreement between he
and his co-counsel to pay. Ironically, neither Kenya Martin nor his counsel explains what the
consideration was to be for the alleged payment. In truth and in fact, there are no reasons
which would necessitate such a promise to pay, and no documents or testimony is offered to
contradiction this proposition.
It is undisputed that Warren L. Martin, Jr. and/or Warren L. Martin, Jr., P.A. were
never parties to the instant lawsuit. The involvement of Warren Martin, Jr. in the case sub
judice is exclusively in a representative capacity on behalf of all the Blackmon plaintiffs. No
claims were ever asserted against Warren L. Martin, Jr. or Warren L. Martin, Jr., P.A..
Further, Warren and his law firm were never served with any lawsuit or claims. Neither
Warren L. Martin, Jr. or Warren L. Martin, Jr., P.A. were ever afforded any opportunity to file
responsive pleadings, conduct discovery, use the subpoena power of the court, or etc. To this
end, this Court lacks jurisdiction over Warren L. Martin, Jr. and Warren L. Martin, Jr., P.A. to
enroll a judgment against these entities.
Further, the Court also lacks jurisdiction over the subject-matter as well as the parties.
Kenya R. Martin contends that the alleged consideration for a promise to tender funds was to
secure his signature on a release in the following suit styled: Virginia College, LLC v. Martin,
et. fl/., U.S. District Court, Cause No.: 3:ll-CV-682-DPJ-KFB. See ExhibitD. Assuming
arguendo. Mr. Kenya R. Martin's assertion is correct, then this court would not have subject
matter jurisdiction to adjudicate this issue. A copy of U.S. District Court Judge Daniel P.
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Jordan's order maintaining jurisdiction over the parties and subject matter is attached hereto
and incorporated by reference as Exhibit Q. Upon a finding that this Court lacks jurisdiction
over the alleged agreement between Kenya R. Martin and Warren L. Martin, Jr,, Mr. Kenya
Martin would have an appropriate forum to raise any and all claims and assertions for relief
D. Attorney Anthony Toney Baldwin is entitled to an Attorneys' Fee.
In light of the pendency of Virgima College v. Martin litigation in federal court, both
Kenya R. Martin and the undersigned counsel agreed to associate Attorney Antony Toney
Baldwin to aid in the prosecution of the Blackmon matter. A copy of the email
correspondence confirming this agreement is attached hereto and incorporated by reference as
Exhibit R. Pursuant to the agreement, Mr. Baldwin is entitled to an attorneys' fee of Ten
Thousand Dollars and No Cents (SI0,000.00). The undersigned asserts that Kenya R. Martin,
via action and deed, wholly acquiesced in this agreement and benefited fi:om same inasmuch
as Mr. Kenya Martin wasfi*eedto earn additional fees in other matters due to the matters
covered by Attomey Baldwin. Mr. Kenya R. Martin never objected or refiased or repudiated
this agreement until the hearing before the special master on Friday, August 22, 2013.
E . Kenya R. Martin has violated the Mississippi Rules of Professional

Responsibility.
The asinine conduct of Kenya R. Martin will invariably lead to a report that his
conduct in this case has violated several of the Mississippi Rules of Professional Conduct.
First, Mr. Kenya R. Martin has asserted a fee for himself and his firm which is in direct
conflict with funds rightfijlly belonging to his clients. Further, this assertion to these funds
has caused an uiueasonably delay in payment of these settlement proceeds to the Blackmon
plaintiffs. Special Master Whitten stated, "Given the lengthy delay in resolving the setflement
distribution to the Plaintiffs, coupled with Mr. Kenya Martin's failure to provide me with any
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documentation or argument in favor of his position, I deemed it important that we being to
move forward toward resolving the distribution issue so that the Plaintiffs can be paid." See
Exhibit H. During the August 23^^ hearing before Special Master Amy Whitten, Mrs.
Whitten spent nearly eighty (80) percent of the conference time addressing the bogus and
fraudulent liens filed by Kenya R. Martin. To this end, Mr. Kenya R. Martin has violated his
duties of loyalty and diligence as contemplated by Rules 1.1, 1.3 and 1.4 of the Mississippi
Rules of Professional Responsibility. Further, Rule 3.2 provides, "a lawyer shall make
reasonable efforts to expedite litigation consistent with the interest of the client." (Underlined
for Emphasis).
Additional, Mr. Martin has created a conflict-of-interest situation which has yet to be
addressed and/or resolved inasmuch as his interest in this matter has shifted from protecting
the fiduciary relationship between he and his client to solely seeking monies which rightfully
belong to the Blackmon plaintiffs. Mr. Kenya R. Martin asserted his first lien on or about
April 25, 2013 but did not seek to retain counsel to represent him until July 19, 2013. (Bold
for Emphasis). To this end, Mr. Martin had a real conflict of interest between his interest and
those of his law firm opposed to his clients. He waited for nearly three (3) months to retain
separate counsel. Further, he has never informed his clients of the potential conflict. It is
only after delaying this matter for three (3) months does Mr. Martin withdraw and amend his
prior liens. See Exhibit I.
Next, Mr. Kenya R. Martin has filed multiple false and fraudulent attorneys' liens in
this matter. During the latest conference with the special master, Mrs. Whitten expressed
serious concern over the false attorneys' liens filed by Kenya R. Martin, and instructed Mr.
Kenya Marlhi to file an Amended AtLurneys' Lien. M i . Kenya R. Martin in fact files llie
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amendment and attempts to withdraw one of the liens and amend the other. However, it is
undisputed that the original liens filed by Kenya R. Martin are wholly false and were never
verified by the attorney. There were no supporting documents attached. The clients were
never notified. There are no contingency fee contracts which support Mr. Kenya R. Martin's
position. Mr. Martin never informed the trial judge that he may have a conflict which would
require his immediate withdrawal.
Lastly, Mr. Kenya R. Martin has violated the terms of the Confidential Settlement
Agreement with Virginia College which would mandate an award of attorneys' fees and costs.
This conduct is reprehensible and should not go undetected.
W H E R E F O R E , P R E M I S E S CONSIDERED, Warren L. Martin, Jr. and Warren L.
Martin, Jr., P.A. pray that upon final trial hereof that the Court will adjudicate the attomey
fees distribution as follows: (a) $35,000.00 to Warren L. Martin, Jr. and Warren L. Martin,
Jr., P.A.; (b) $15,000.00 to Kenya R. Martin and Kenya R. Martin, LLC and (c) $10,000.00 to
Anthony Toney Baldwin. Further, Warren L. Martin, Jr. and Warren L. Martin, Jr., P.A.
would pray for costs of Court, attorneys' fees, and for such other and fiirther relief to which
they may show themselves to be justly entitled.
This the 28"^ dav of August, 2013.
Respectfirlly submitted,
WARREN L. MARTIN, JR., AND
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Of Counsel:
Warren L. Martin, Jr., MSB #101528
MARTIN & BELLINDER
Post Office Box 1870
Jackson, Mississippi 39215
351 Edgewood Terrace Drive
Phone: (769) 257-6052
Fax: (769) 257-6596
Thomas J. Bellinder, MSB #103115

MARTIN & BELLINDER
Phone: (769)257-6052
Fax: (769)257-6596
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing pleading has
been served as indicated below upon the following on this the 28th day of August 2013:
Hon. Tomie T. Green, Senior Judge

HINDS COUNTY C I R C U I T C O U R T
Post Office Box 327
Hon. Amy Whitten, Special Master

T H E W H I T T E N GROUP
607 Highland Colony Parkway, Suite 100
Ridgeland, Mississippi 39157
Precious T. Martin, Sr.

P R E C I O U S T. MARTIN, SR. & ASSOC.
821 North Congress Street
Kenya R. Martin
K E N Y A R. MARTIN, L L C
5709 Highway 80 West
Ollie A. ("Tres") Cleveland, III

Peter S. Fruin
Kathryn J. Bushby
MAYNARD, C O O P E R & G A L E , P.C.
1901 Sixth Avenue North
2400 Regions/Harbert Plaza
Birmingham, Alabama 35203-2602
Robert L. Gibb
GIBBS W H I T W E L L P L L C
1400 Meadowbrook Road
Suite 100
/s/ Warren L. Martin, Jr.

OF COUNSEL
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IN T H E CIRCUIT COURT OF T H E FIRST JUDICIAL DISTRICT OF
CORDERO BLACKMON, et a l , ) F
PlaintifTs,
V.
VIRGINIA C O L L E G E AT JACKSON;
VIRGINU COLLEGE, LLC;
EDUCATION CORPORATION O F C I V I L ACTION NO.:
AMERICA; EDUCATION
CORPORATION OF AMERICA, INC.; 257-11-954
DAVID A. PODESTA, in his official and )
personal capacities; MILTON )
ANDERSON, in his official and personal )
capacities; and ERICA C L A R K , in his )
official and personal capacities and JOHN )
DOES M S , )
Defendants. )
ORDER GRANTING JOINT MOTION FOR APPOINTMENT O F SPECIAL MASTER
This matter came before the Court on the joint motion of Plaintiffs Cordero Blackmon,
Charity Brady, Sharie Dessell, Ashley Dixon, Karessia Gibson, Monique L. Graham, La'Derian
Hartwell, Joan Jones, Barbara D. Nevels, Pamela Wright Erica D. Twilley, Chikieta S. Clark,
Beverly Ellis, Billie Robertson, Crystal Harris, Terriette L. Weidman, Courtney Flaggs, LaJuanna
Anderson, Julie Yates, Rhonda Renee Moore, Jeffery Sanders, Jessica Curtiss, Joseph DeDeaux,
Jennifer Runnels, Charisse Pitts, Sandra Johnson, Ashley M. Belcher, Kizzy Thornton, Terrance
Bell, and Terry T. Barksdale ("Plaintiffs") and Defendants Virginia College, LLC, Education
Corporation of America, David Podesta, Milton Anderson and Erica Clark (hereinafter "Virginia
College" or "Defendants") to appointment of a Special Master to allocate and distribute the
settlement funds.
02540289.1
BOOK 7^7 PAGE 509

IT IS ORDERED that the Joint Motion for Appointment of Special Master is GRANTED.
IT IS FURTHER ORDERED that 'JiJ^dJlfL be appointed
as Special Master herein, pursuant to Rule 53 of the Mississippi Rules of Civil Procedure;
IT IS FURTHER ORDERED that the Special Master shall be responsible for the
allocations and distributions of the settlement funds;
r r IS FURTHER ORDERED that the Special Master shall be vested with all powers
incidental to the accomplishment of his duties as outlined herein;
IT IS FURTHER ORDERED that the Special Master shall proceed with all reasonable
diligence in accomplishing the above; and
IT IS FINALLY ORDERED that the Special Master shall be compensated by Plaintiffs and
their attomeys, with no contribution by Defendants^
CIRCUIT COURT JUDGl
2
02540289.1
BOOK T 5 T PAQC 510

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF
CORDERO BLACKMON, ET AL. PLAINTIFFS
VS. CIVIL ACTION NO.: 251 -11-954CIV
VIRGINIA COLLKGF., HT AL. DEFENDANTS
NOTICE OF ATTORNEYS* LIEN BY

KENYA R. MARTIN, ESQ. AND KENYA R. MARTIN, L L C
COME NOW, COUNSEL KENYA R. MARTIN, ESQ. AND KENYA R. MARTIN, LLC,
being a member, in good standings with the Mississippi Bar, and does herein state and assert an
attomeys * lien against any and all proposed settlement and/or settlement funds to be disbursed in this
matter, and would specifically state as follows:
1. The undersigned counsel is owed Thirty Thousand Dollars ($30,000.00) and other
consideration for good and valuable services rendered in the representation of all named Plaintiffs
in this action. The undersigned counsel specifically states that the appointment of any special
master, as well as the calculation and/or determination of what each individual plaintiff is owed,
should be subject to the attomey's fee as specifically stated herein.
2. Additionally, the undersigned counsel is further owed Fifty Thousand Dollars
($50,000.00) against Virginia College, LLC; Warren L. Martin, Jr.; Warren L. Martin, Jr., Esq.;
and/or other named Defendants in this action. Counsel shall present proper evidence in support of
this claim at a time when the Court will entertain the merits and validity of the lien.
The undersigned herein asserts a lien for attomeys fees and services in the aggregate amount
of Eighty Thousand Dollars ($80,000.00). The undersigned herein asserts a lien against any and all
outstanding funds to be paid and/or received by these Defendants, whether said funds represent
EXHIBIT
individual and/or global funds to finance any and all settlements of this matter.
The undersigned is no! filing this Notice for purposes of harassment, delay, or confusion of
the central issues involved herein.
This, the 25"' day of April, 2013.
Respectfully submitted,
ICENYA R, MARTIN, ESQ.

KJENYA R. MARTIN, LLC
By:/s/ Kenya R. Martin

KENYA R. MARTIN
OF COUNSEL:
Kenya R. Martin (MSB #101527)

KENYA R. MARTIN, LLC
Telephone: (601)923-1577
Facsimile: (601) 923-1579
Cellular: (601) 720-0624
KRMartin(5j4MartinsAtLaw.coni
I, Kenya R. Martin, Attorney of Record for Plaintiffs, do herein certify that I have this
day, via electronic means, mailed a tme and correct copy of the above and foregoing pleading to
the following:
Peter Fruin, Esq.
OUie A. ("Tres") Cleveland, HI, Esq.
Maynard, Cooper & Gale, P.C.
2400 Regions/Marbert Plaza
Birmingham, AL 35203-2602
Robert L. Gibbs
Senior Partner
Gibbs Whitwell, PLLC
1400 Meadowbrook Road, Suite 100
Warren L. Martin, Jr., Esq.

WARREN L. MARTIN, JR., P.A.
821 North Congress Street, Suite B
Senior Status Judge Tomie T. Green

Hinds County Courthouse
407 E. Pascagoula Street
First Floor, 39201
P.O. Box 327
Jackson, MS 39205
This, the 25'" day of April, 2013.
/s/ Kenya R. Martin

KENYA R. MARTIN
IN THE Cn^CUIT COURT OF THE VIRST JUDICIAL DISTRIC 1' OF
CORDERO BLACKMON, et al., ) Fit E

Plaintiffs, MAY 0 3 2
BARBARA DUNN.
V. fit,
VIRGINIA C O L L E G E AT JACKSOIN;
VIRGINIA C O L L E G E , L L C ;
EDUCATION CORPORATION OF CIVIL ACTION NO.:
AMERICA; EDUCATION
CORPORATION OF AMERICA, INC.; 251-11-954
DAVID A. PODESTA, in his official and
personal capacities; MILTON
ANDERSON, in his official and personal
capacities; and ERICA CLARK, in her
official and personal capacities; and JOHN
DOES 1-lS,
Defendants.
DEFENDANTS' RESPONSE IN OBJECTION TO NOTICE OF ATTORNEYS' LIEN

BY KENYA R. MARTIN, ESQ, AND KENYA R. MARTIN, L L C
Defendants Virginia College, LLC; Education Corporation of America; David A.
Podesfa; Milton Anderson; and Erica Clark (collectively "Defendants" or "Virginia College")'
file this, their response in objection to Kenya R, Martin, Esq. and Kenya R. Martin, LLC's
Notice of Attorneys' Lien filed on April 25, 2013. In support of its position, Virginia College
states as follows:
An attorney's lien is a legal claim or right an attorney has to hold onto his client's assets
or money until payment has been made for legal services rendered. See Pickering v. Hood, 95
So. 3d 611, 619 (Miss. 2012); see also Collins v. Schneider, 192 So. 20, 22 (Miss. 1939). "An
' Virginia College at Jackson is a d/b/a of Virginia College, L L C . As such, Virginia College at Jackson is not a
separate legal entity and is not a proper party to this litigation. Based on information and belief, Education
Corporation of America, Inc. is a non-existent entity. At a mininmm, Education Coiporation of America. Inc. is nol
a corporate entity with any relationship, legal or otherwise, with Education Corporation of America or Virginia
College, L L C , and i( has no ownership interest, involvement, or direction in the business of Education Corporation
of America or Virginia College, L L C .
02557090.1 EXHIBIT
attorney's lien arises out of an 'express contract between attorney and client for a stated fee, or . .
. an implied contract to pay the reasonable value of services rendered.'" Comet Rice v.
Rohertshaw, 1995 U.S. Dist LEXIS 21693, +16-17 (N.D. Miss. Jan. 30, 1995) (quoting llaiseU
V. Turner, 36 So. 531 (Miss. 1904)). Here, counsel for Plaintiffs, Kenya R. Martin ("Mr.
Martin"), has sought to assert an attorney's lien against Virginia College. However, no attorney-
client relationship exists between Virginia College and Mr, Martin, he holds no assets of Virginia
College, and he has provided no legal services to Virginia College. Therefore, Mr. Martin's
Notice of Attorney's Lien as to Virginia College is nonsensical and procedurally improper.
To the extent Mr. Martin is seeking to assert a claim or action against Virginia College,
any and all such claims have been released by Mr. Martin. Specifically, on March 8, 2013, Mr.
Martin and Virginia College entered into a Confidential Settlement Agreement and Release
whereby Mr. Martin irrevocably released and forever discharged any and all claims, debts,
actions, etc., known or unknown, against Virginia College.
Based on the foregoing, Virginia College respectfully request that the Notice of
Attorneys' Lien by Kenya R. Martin, Esq. and Kenya R. Martin, LLC be denied as to Virginia
College.
Respectfully submitted this ~J day of May 2013.
One of the Attorneys for Defendants
2
02557090 1
OF COUNSEL:
OIlie A. ("Tres") Cleveland, III, MSB No. 101178

MAYNARD, COOPER & GALE, P.C.
(205)254-1000
(205) 254-1999 (fax)
tcleveland@maynadcooper.com
Robeit L. Gibbs, MSB No. 4816

GibbsWhitwell P L L C
Telephone: 601-487-2640
Facsimile; 601-366-4295
rgibbs@gibbswhitwell,com
3
O2557O90.1
CERTIKICATE OF SERVICE
1 heieby certiiy thai a true and correct copy of the above and foregoing pleading has been
served upon the following by e-mail and U.S. Mail, this the 5 (Tay of May 2013:
Warren L. Martin, Jr.

PostOfTice Box 1870
(601) 918-8590
(601) 944-1448 (fax)
warren__martinJr_^@hotmail.com
Kenya R. Martin
ICENYA R. MARTIN, LLC
(601)923-1577
(601) 923-1579 (fax)
krmartin(5}4martinsatlaw.com
OF COUNSEL
4
025S7090.1
Outlook Print Message Page 1 of 2
Blackmon
From: Kenya Martin (krmartin@4martinsatlaw.com) This sender is in your contact list.

Sent: Wed 7/31/13 8:24 PM
To: 'Warren Martin Jr.' (warren_martin_ir_@hotmail.com)
Cc: baldwinlaw@ymail.com
It is my position that this matter can only be resolved In one of two ways:
A check for $50,000.00 can be cut immediately to Kenya R. Martin, LLC. My firm's tax id number is 25-
3765197. This payment in no way waives my right to recover and collect one-half of the legal fees for
any and all payments made to the Plaintiffs In Blackmon. This payment represents the agreement that
VC and/or ECA would pay me and my firm $50,000.00 to cover the expenses I incurred in defending
against the bogus federal lawsuit filed against me; or
A promissory note can be signed by you (both individually and on behalf of your law firm) that the
$50,000.00 payment referenced above will be paid within 24 hours of receipt of the final payment by you
from Virginia College and/or ECA. This payment in no way waives my right to recover and collect one-
half of the legal fees for any and all payments made to the Plaintiffs in Blackmon. This payment
represents the agreement that VC and/or ECA would pay me and my firm $50,000.00 to cover the
expenses I incurred in defending against the bogus federal lawsuit filed against me.
This is my position.
Kenya R. Martin
Kenya R. Martin, LLC
Attorney at Law
Jackson, MS 39209
Telephone: (601) 923-1577
Fax: (601)923-1579
Cell: (601) 720-0624 I EXHIBIT

Email: KRMartin@4MartinsAtLaw.com
https:/âvl77.mail.Hve.com/mail/PrintMessafies.aspx?cpids=2195735a-falf-lle2-84d9-0... 8/27/2013
https:/âyl77.mail.live.com/mail/PrintMessages.aspx?cpids=2195735a-falf-lle2-84d9-0... 8/27/2013
BXHIBU

VS. CIVIL ACTION NO.: 251-n-954Cn^
VIRGINIA COLLEGE. ET AL. DEFENDANTS
MOTION FOR PAYMENT O F A T T O R N E Y ' S

F E E S . COSTS. COMPENSATION AND EXPENSES
COME NOW, COUNSEL KENYA R. MARTIN, ESQ. AND KENYA R. MARTIN, LLC,
being a member, in good standings with the Mississippi Bar, and does herein file his Motion for
Payment of Attomey's Fees, Costs, and Expenses, and would specifically state as follows;
1. The undersigned counsel is owed Thirty Thousand Dollars ($30,000.00) and other
consideration for good and valuable sendees rendered in the representation of all named Plaintiffs
2. Additionally, the undersigned counsel is ftirther owed Fifty Thousand Dollars
($50,000.00) from and against Virginia College, LLC; Education Corporation of American; Warren
L. Martin, Jr.; Warren L. Martin, Jr., Esq.; and/or other named Defendants in this action. To the
extent that Warren L. Martin, Jr. and/or Warren L. Martin, Jr., P.A. (hereinafter "WLMJR") have
fully received all owing funds from the named Defendants in this action, then said request for
payment is made exclusively and solely against WLMJR. To the extent that these Defendants have
not fiilly paid, in trust, to Warren L. Martin, Jr. all owing funds, then said request for payment is
made upon both WLMJR and the Defendants, jointly and severally. Counsel shall present proper
evidence in support of this claim at a tmie when the Court will entertain the merits and validity of
the lien and motion.
The undersigned herein demands payment for attomey's fees, costs, compensation and
expenses in the aggregate amount of Eighty Thousand Dollars ($80,000.00). The undersigned herein
asserts a lien against any and all outstanding funds to be paid and/or received by these Defendants,
whether said funds represent individual and/or global funds to finance any and all settlements of this
matter.
The undersigned is not filing this Notice for purposes of harassment, delay, or confusion of
the centra] issues involved herein. See Exhibit "A".
3, Additionally, reasonable attomey's fees should be paid to attomey Precious T.
Martin, Sr. and Precious T. Martin, Sr. & Associates for their representation of counsel in this
matter.
This, the \9''' day of July, 2013.
KENYA R. MARTIN, ESQ.

Bv:/5/ Kenva R. Martin

KENYA R. MARTIN
OF COUNSEL:

Telephone: (601)923-1577
Facsimile: (601) 923-1579
Cellular: (601) 720-0624
KRMartin(a)4MartinsAtLaw.com
Precious T. Martin, Sr. & Associates
PO Box 373
Jackson, MS 39205-0373
Telephone; (601) 944-1447
Facsimile: (601) 944-1448
I, Ken^â R. Martin, Attomey of Record for Plaintiffs, do herein certiiy that I have this
day, via United States mail, mailed a true and coiTect copy of the above and foregoing pleading
to the following:
Peter Fruin, Esq.
Ollie A. ("Tres") Cleveland, Hi, Esq.
MayTiard, Cooper & Gale, P.C.
Birmingliam, AL 55203-2602
Robert L. Gibbs
Senior Partner
Gibbs VvTiitwell, PLLC


407 E, Pascagoula Street
First Floor, 39201
P.O. Box 327
Jackson, MS 39205
Amy Whitten, Esq.

Court Appointed Special Master
607 Highland Colony Pkwy, Ste 100
Ridgeland, MS 39157-6060
This, the 19" day of July, 2013.
/s/ Kenva R. Martin

KENYA R. MARTIN
F)(HI6J.r "A
Kenya Martin
From: Warren Martin Jr, [warren_martinjr_@hotmaii.com]

Sent: Tuesday. April 23, 2013 5:40 PM
To: Kenya Martin
Subject: RE: VC issues
Kenya;
I totally disagree with your contention, position and plan. I think you should seriously rethink your position. #
jhese terms do not support your contention.

Further, as you know. Rule 408 of the Mississippi Rules of Evidence prohibits evidence of offers, compromises,
settlements and the like to establish liability."
In an effort to move forward, I am willing to offer you participation in anther civil action which is pending,
offer this not because I believe that your positions have any merit, because they do not; however, I do
so because you are my brother and I want to move forward.
Please consider this and only this as a means of resolution. (Underlined for Emphasis).
Thanks.
Warren L, Martin, Jr., Esq.

WARREN L MARTIN, JR., P.A.
Office: (759) 257-6052
Fax: (769) 257-6596
Phone: (601)918-8590
Confidentiality Notice; The above electronic transmission is strictly confidential and intended only for the
named recipient(s). The informafion contained in the electronic transmission is protected under client/attorney
privilege or is considered work product not subject to disclosure or discovery. I f you receive this electronic
transmission by mistake, please refi-ain from reading this infonnation, return it to sender and disregard the
contents.
From: krmartin@4martinsatlaw.com
To: warren_martlnJr_@hotmail.com
Subject: VC issues
Date: Tue, 23 Apr 2013 15:35:00 -0500
I was slighted out of $50,000.00, which will not go away. We need to discuss a resolution of this matter
sooner rather than later. I am considering filing some action before Judge Green (at least on my behalf and
that of my law firm) regarding the malicious suit which was filed against me in federal court. Ifthe issue
comes up about the release, then the total settlement issues | H ^ H I | | ^ B M H f l B H ^ ^ ^ B W H B C ^
will have to be disclosed to Judge Green for her consideration and decision.
Kenya R. Martin, LLC

Attorney at Law
Jackson, MS 39209
Telephone: (601)923-1577
Fax: (601)923-1579
Cell: (601)720-0624
Email: KRMartinfSAMartinsAtLaw.com
IN T H E C I R C U I T C O U R T O F T H E F I R S T J U D I C I A L D I S T R I C T O F
C O R D E R O B L A C K M O N , et al.,
Plamtiffs,
V.
VIRGINIA C O L L E G E AT JACKSON;
VIRGINIA C O L L E G E , L L C ;
EDUCATION CORPORATION O F C I V I L ACTION NO.:
AMERICA; EDUCATION >
CORPORATION OF A M E R I C A , INC.; ) 251-11-954
DAVID A. PODESTA, in his official and )
personal capacities; M I L T O N )
ANDERSON, in his official and personal )
capacities; and E R I C A C L A R K , in her f
official and personal capacities; and JOHN )
DOES 1-15, )
Defendants. )
DEFENDANTS' RESPONSE IN OBJECTION T O MOTION F O R PAYMENT O F

A T T O R N E Y ' S F E E S , COSTS, COMPENSATION AND E X P E N S E S
BY K E N Y A R. MARTIN, ESQ. AND K E N Y A R. MARTIN, L L C
Podesta; Milton Anderson; and Erica Clark (collectively "Defendants"' or "Virginia College")'
file this, their response in objection to Kenya R. Martin, Esq. and Kenya R. Martin, LLC's ("Mr.
Martin") Motion for Payment of Attorney's Fees, Costs, Compensation and Expenses
("Motion") filed on July 19, 2013. In support of its position, Virginia College states as follows:
On April 25, 2013, Mr. Martin filed a Notice of Attorneys' Lien with this Court. {See
Martin's Notice of Attorneys' Lien, attached hereto as Exhibit A.) Here, Mr. Martin has filed
' Virginia College at Jackson is a d^/a of Virginia College, LLC. As such, Virginia College al Jackson is not a
separate legal entity and is not a proper party to this litigation. Based on information and belief, Education
Corporation of America, Inc. is a non-existent entity, At a minimum, Education Corporation of America, Inc. is not
College, LLC, and it has no ownership interest, involvement, or direction in the business of Education Corporation
of America or Virginia College, LLC. ^^Mi^MH^B
EXHIBIT
0260*439 }
essentially the same motion, oiiJy with a new title. {Id.) This Motion is not a renewed motion or
reply in support or a supplement, but simply a new motion that seeks the same relief, thus
cluttering the docket and creating additional work for Virginia College and its counsel without
justification. For these reasons, Mr. Martin's Motion should be struck out of hand.
However, out of an abundance of caution, Virginia College adopts and incorporates its
Response in Objection to Kenya R. Martin, Esq. and Kenya R. Maitin, LLC's Notice of
Attorneys' Lien filed on May 3, 2013, as i f fully set forth herein. {See Resp. in Obj. to Notice of
Attomey's Lien, attached hereto as Exhibit B.)
Based on the foregoing, Virginia College respectfully requests that both Mr. Martin's
Motion for Payment of Attomey's Fees, Costs, Compensation and Expenses and Notice of
Attorneys' Lien by Kenya R. Martin, Esq. and Kenya R. Martin, LLC be denied.
Respectfully submitted this 1^' day of August, 2013.
Robert L, Gibbs
One of the Attomeys for Defendants
OF COUNSEL:
Olhe A. C'Tres") Cleveland, III, MSB No. 101178

MAYNARD, C O O P E R & G A L E , P.C.
Telephone: (205)254-1000
Facsimile: (205) 254-1999
tcleveland@maynadcooper.com
Robert L. Gibbs, MSB No. 4816

GibbsWhitwell P L L C
Jackson, MS 39211
Telephone: 601-487-2640
Facsimile: 601-366-4295
rgibbs@gibbs whitwell .com
2
02604439 1
CERTIFICATE OF S E R V I C E
I hereby certify that a true and correct copy of the above and foregoing pleading has been
served upon the following by e-mail and U.S. Mail, this the 1^^ day of August, 2013:

W A R R E N L . MARTIN, JR., P.A.
Kenya R. Martin
K E N Y A R. MARTIN, L L C
Precious Martin, Sr.

Precious Martin, Sr. & Associates PLLC
Post Office Box 373
Jackson, Mississippi 39205-0373
Honorable Amy D. Whitten

Special Master
607 Highland Colony Parkway
Suite 100
OF COUNSEL
3
02604439.1
HmDS COUNTY, MISSISSIPPI
VS. CrVTL ACTION NO.: 25 ] -H -954CIV
VIRGINIA COLLEGE, ET AL. DEFENDANTS
NOTICE OF ATTORNEYS' LIEN BY

KENYA R. MARTIN. ESO. AND KENYA R. MARTIN. L L C
COME NOW, COL^x'SEL KENYA R, MAJITIN, ESQ. AND KENYA R. M.ARTIN, LLC,
being a member, in good standings with the Mississippi Bar, and does herein state and assert an
attorneys' lien against any and all proposed settlement and/or settlement funds to be disbursed in this
matter, and would specifically state as follows:
The undersigned counsel is owed Thirty Thousand Dollars ($30,000.00) and other
consideration for good and valuable services rendered in the representation of all named Plaintiffs
2. Additionally, the undersigned counsel is further owed Fifty Thousand Dollars
($50,000.00) against Virgima College, LLC; Warren L. Martin, Jr.; Warren L. Martin, Jr., Esq.;
and/or other named Defendants in this action. Counsel shall present proper evidence in support of
this claim at a time when the Court will entertain the merits and validity of tlie lien.
The undersigned herein asserts a lien for attorneys fees and services in the aggregate amount
of Eighty Thousand Dollars ($80,000.00). The undersigned herein asserts a lien against any and
all outstanding funds to be paid and/or received by these Defendants, whether said funds represent
individual and/or global funds to finance any and all settlements of this matter.
The undersigned is not filing this Notice for purposes of harassment, delay, or confusion of
the central issues involved herein.
This, the 25"' day of April, 2013.
KENYA R. MARTIN, ESQ.

OF COUNSEL:
Kenya R. iVlaitin (iMSB ^101527)

Telephone: (601)923-1577
Facsimile: (601)923-1579
Cellular: (601) 720-0624
KRMart in (a)A .M art i n s A t Law. com
I, Kenya R. Martin, Attorney of Record for Plaintiffs, do herein certify that I have this
day, via electronic means, mailed a true and correct copy of the above and foregoing pleading to
the following:
Peter Fruin, Esq.
OUie A, C'Tres") Cleveland, III, Esq.
Maynard, Cooper & Gale, P.C.
Birmingham, AL 35203-2602
Senior Partner
Gibbs Whitwell, PLLC
Warren L. Martin, Jr., bsq.

WARREN L. MARTIN, JR P.A.
Post Office Box 1870 i

407 E. Pascagoula Street
First Floor, 39201
P.O. Box 327
Jackson, MS 39205
This, the 25"" day of April, 2013.
KENYA Pf. MARTIN

CORDERO BLACKMON, ef al.,

MAY 0 3 2 n r ^
P fain tiffs,
BARBARA DUNK ( ^ U I t J e R K
V.
VIRGINIA COLLEGE AT JACKSON;

VIRGINIA COLLEGE, LLC;
EDUCATION CORPORATION OF CIVIL ACTION NO.:
AMERICA; EDUCATION
CORPORATION OF AMERICA, I N C ; 25MU954
DAVID A. PODESTA, in his official and
personal capacities; MILTON
ANDERSON, in his official and personal
capacities; and ERICA CLARK, in her
official and personal capacities; and JOHN
DOES M S ,
Defendants.
DEFENDANTS' RESPONSE IN OBJECTION TO NOTICE OF ATTORNEYS' LIEN

BV KENYA R. MARTIN. ESQ. AND KENYA R. M.
Podesta; Milton Anderson; and Erica Clark (collectively "Defendants" or "Virginia College")'
file this, their response in objection to Kenya R. Martin, Esq. and Kenya R. Martin, LLC's
Notice of Attorneys' Lien filed on April 25, 201 3, In support of its position, Virginia College
states as follows;
An attorney's lien is a legal claim or right an anorney has to hold onto his client's assets
or money until payment has been made for legal services rendered. See Pickering v. Hood, 95
So. 3d 611, 619 (Miss. 2012); see also Collins v. Schneider, 192 So. 20, 22 (Miss. 1939). "An
' Virgini3 College at Jackson is a d/b/a of Virginia College, L L C , As such, Virginia College al Jackson is not a
sepaj-ate legal entity and is not a proper part>' to this litigation. Based on iriformation a.nd belief, Education
Corporation of America, hic. is a non-existent entity. At a minimum, Education Corporation of America, Inc. is not
College, L L C , and it lus no ownership intcrcGl, involvement, or direction in the hiKiîneJ^s of Educalion Corporation
of America or Virginia College, L E C ,
EXHIBIT
02557090.
B
anomey's lien arises out of an 'express contract between attorney and client for a stated fee, or, .
. an implied contract to pay the reasonable value of services rendered.'" Comet Rice v.
Robertshaw., 1995 U.S. Dist, LEXIS 21693, n6-17 (N.D, Miss. Jan, 30, 1995) (quoting Halstll
V. Turner, 36 So, 531 (Miss, 1904)). Here, counsel for Plaintiffs. Kenya R. Martin ("Mr.
Martin"), has sought to assert an attorney's lien against Virginia College. However, no attorney-
client relationship exists between Virginia College and Mr, Martin, he holds no assets of Virginia
College, and he has provided no legal services to Virginia College. Therefore, Mr. Martin's
Notice of Attorney's Lien as to Virginia College is nonsensical and procedurally improper.
To the extent Mr. Martin is seeking to assert a claim or action against Virginia College,
any and all such claims have been released by Mr. Martin, Specifically, on March 8, 2013, Mr,
Martin and Virginia College entered into a Confidential Settlement Agreement and Release
whereby Mr. Martin irrevocably released and forever discharged any and all claims, debts,
actions, etc., knowTi or unl<.nown, against Virgima College.
Based on the foregoing, Virginia College respectfully request that the Notice of
Attorneys' Lien by Kenya R. Martin, Esq, and Kenya R, Martin, LLC be denied as to Virginia
College,
Respectfully submitted this -J day of May 2013,
RobS L. Gibbs
One of the Attomeys for Defendants
2
02557090.1
OF COUNSEL
Ollie A. ("Tres") Cleveland. Ill, MSB No. 101178

MAYNARD, COOPER iSz GALE, P.C.
Binriingham, Alabama 35203-2602
(205) 254^1000
(205)254-1999 (fax)
tcleveland@maynadcooperxom
Robert L. Gibbs, MSB No. 4816

GibbsWhitwell PLLC
Telephone: 601-487-2640
Facsimile; 601-366-4295
rgibbs(^gibbswhitwel].com
3
02557090,1
I hereby certify that a tnie and correct copy of the above and foregoing pleading has been
served upon the following by e-mail and U.S. Mail, this the ^ day of May 2013:
Warren L. Martin, }\
WARREN L. MARTIN, JR., I'.A.
(601) 918-8590
(601) 944-1448 (fax)
warren_martinJr_@,hDlmail.com
Kenya R. Martin
(601) 923-1577
(601) 923-1579 (fax)
krmartin@4maninsat[aw,com
OF COUNSEL
4
02557090 ]
IN T H E CIRCUrr COURT O F THE FIRST JUDICIAL DISTRICT OF
CORDERO BLACKMON; CHARITY BRADY;

SHARIE DESSELL; ASHLEY DIXON; KARESSIA
GIBSON; MONIQUE L . GRAHAM; LA'DERIAN
HARTWELL; JOAN JONES; BARBARA D. NEVELS;
PAMELA WRIGHT; E R I C A D. T W I L L E Y ; CHIKIETA
S. CLARK; B E V E R L Y A. E L L I S ; B I L L I E ROBERTSON;
CRYSTAL HARRIS; T E R R I E T T E L , WEIDMAN;
COURTNEY FLAGGS; LAJUANNA ANDERSON;
J U L I E YATES; RHONDA R. MOORE; J E E F R Y SANDERS;
JESSICA CURTISS; JOSEPH DEDEAUX; JENNIFER
RUNNELS; CHARISSE A. PITTS; SANDRA D. JOHNSON;
ASHLEY M. B E L C H E R ; KIZZY D. THORNTON;
TERRANCE B E L L ; T E R R Y T. BARKSDALE; TAMARA
GRAY PLAINTIFFS
V. CAUSE NO.: 251-11-954 CIV
VIRGINIA C O L L E G E AT JACKSON; V I R G I N U
C O L L E G E . L L C ; EDUCATION CORPORATION
OF AMERICA; EDUCATION CORPORATION OF
AMERICA, INC.; DAVID A. PODESTA, IN HIS
OFFICIAL AND PERSONAL CAPACITIES; MILTON
ANDERSON, IN HIS OFFICIAL AND PERSONAL
CAPACITIES; E R I C A CLARK, IN H E R OFFICIAL AND
PERSONAL CAPACITIES; AND JOHN DOES 1-15 DEFENDANTS
WARREN L . MARTIN, JR. AND WARREN L . MARTIN, JR., P.A.'S JOINDER

IN VIRGINIA C O L L E G E ' S RESPONSE IN OPPOSITION TO KENYA R. MARTIN'S
MOTION TO DETERMINE STATUS AND MOTION FOR PAYMENT OF
ATTORNEYS' FEES, COSTS, COMPENSATION AND EXPENSES
COME NOW Warren L. Martin. Jr., and WARREN L. MARTIN, JR., P.A., and Join in
Defendant Virginia College, LLC's Responses in Opposition to Kenya R. Martin and Kenya R.
Martin, LLC's Motion to Determine Status and Motion for Payment of Attorneys' Fees, Costs,
Compensation and Expenses, and would show unto the Special Master the following to-wit:
EXHIBIT
I G
1. The arguments attempted and positions assumed by Kenya R. Martin, Esq. and
Kenya R. Martin, L L C are irrational and wholly contradictory to the executed Confiditial
Settlement Agreement which Mr, Martin signed.
2. The resources of the special master are limited and her time is valuable. To this
end, any time and/or resources spent toward adjudicating the issues raised by Kenya R. Martin,
Esq. and Kenya R. Martin, LLC should be separately taxed to Kenya R. Martin, Esq. and Kenya
R. Martin, LLC at the conclusion of these matters.
3. The instant motions filed by Kenya R. Martin are wholly unprofessional and seek
to delay a proper determination of settlement awards and overall distribution of settlement
proceeds to the plaintiffs in this action.
4. To this end, Warren L. Martin, Jr., and WARREN L. MARTIN, JR., P.A and
Join in Defendant Virginia College, LLC*s Responses in Opposition to Kenya R. Martin and
Kenya R, Martin, LLC's Motion to Determine Status and Motion for Payment of Attorneys'
Fees, Costs, Compensation and Expenses,
WHEREFORE PREMISES CONSIDERED, Warren L. Martin, Jr., and WARREN L .
MARTIN, JR., P.A., join in Defendant, Virginia College, LLC's Response in Opposition to
Kenya R. Martin and Kenya R. Martin, LLC*s Motion to Determine Status and Motion for
Payment of Attorneys' Fees, Costs, Compensation and Expenses. Further, any of the special
master's time and resources devoted to addressing these frivolous pleadii^ should be taxed
directly to Kenya R. Martin, Esq. and Kenya R. Martin, L L C .
This the 3"* day of August, 2013.

WARREN L. MARTIN, JR. and
WARREN L. MARTIN. JR., P.A.
By: / s/ Warren L. Martin. Jr.

Of Counsel:
Warren L. Martin, Jr. (MSB # 101528)
WARREN L. MARTIN, JR, P.A.
Phone: (769) 257-6052
Fax: {1(i9) 257-6596
Cell: (601) 918-8590
Email: warren_martinJr_@hotmail.com
CERTIFICATE O F SERVICE
The undersigned counsel does hereby certify that a true and correct copy of the foregoing
document has been this day forwarded to opposing counsel by electronic means, to-wit:
Ollie A. Cleveland, HI
MAYNARD, COOPER & GALE, P.C.
Robert L. Gibbs
GIBBS WHITWELL, PLLC
Kenya R. Martin, Esq.

5709 Highway SOW
Precious T. Martin, Sr., Esq.

PRECIOUS T. MARTIN, SR. & ASSOC.
Post Office Box 373
Hon. Amy D. Whitten

Special Master
607 Highland Colony Parkway, Suite 100
This the 3rd day of August, 2013.
/s/ Warren L. Martin, Jr.

Amy D. Whitten, Attorney at Law
July 11, 2013
Honorable Tomie Green EXHIBIT

Hinds County Circuit Court
H
Post Office Box 327
Jackson, MS 39215
Re: Cordero Blackman, et. al. v. Virginia College, et al.
Dear Judge Green;
As you know, the above matter is pending before me pursuant to your order
appointing me as Special Master over the case. As you also know, one of the
elements of the case involved the assertion by Attorney Kenya Martin, one of the
attorneys for plaintiffs, that he is entitled to additional sums of money from the
Defendant pursuant to an agreement reached during earlier negotiations.
Early on in my communications with Mr. Kenya Martin, I asked him to produce

documentation or argument in favor of his position. To date, he has not. In the
meantime, I have been advised by Mr. Warren Martin, another of the attorneys
for Plaintiffs, that the parties are close to development of a matrix for distribution
of the funds among the plaintiffs.
On July 18, 2013, Attorney Precious Martin entered an appearance on behalf of

Mr. Kenya Martin and filed Motion for Hearing before you to take up Kenya
Martin's claim for fees and determine the status of the case. In that filing, Kenya
Martin states that defendants' counsel and Mr. Warren Martin have reached an
agreement with me to delay hearing Mr. Kenya Martin's motion. I write to clarify
that this assertion is incorrect.
! have every intention of hearing Mr. Kenya Martin's motion, if you consider it to
be included in your xt\^xTd\f the case to me. Given the lengthy delay in
w v ^ . th ewh itte ngroup.com

resolving the settlement distribution to Plaintiffs, coupled with Mr. Kenya
Martin's failure to provide me with any documentation or argument in favor of
his position, I deemed it important that we begin to move toward resolving the
distribution issue so that the Plaintiffs can be paid. I will be happy to assume
responsibility for the hearing of Kenya Martin's motion as well. I will await your
direction on whether to include that matter as we go forward since Mr. Kenya
Martin has filed a Motion seeking to have you hear that matter.
Sincerely,
Special Master, Hinds County Circuit Court
cc: Tres Cleveland, Esq.
Robert Gibbs, Esq.
Warren L Martin. Jr., Esq ^
Kenya R. Martin, Esq.
Precious Martin, Esq.

CORDERO BLACKMON, ETAL. PLAINTIFFS
vs. CIVIL ACTION NO. 251-11-95CIV
VIRGINIA COLLEGE, ET AL DEFENDANTS
NOTICE OF AMENDMENT OF ASSERTION OF CLAIM FOR ATTORNEY'S LIEN

BY KENYA R. MARTIN. ESQUIRE. INDIVIDUALLY. AND KENYA R. MARTIN, LLC
COMES NOW, Kenya R. Martin, Esquire, Individually and Kenya R. Martin, LLC, and files this
Notice of Amendment of Assertion of Claim for Attorney's Lien, and specifically states as follows:
1. That the Motion for Payment of Attorney's Fees, Costs, Compensation and Expenses filed on
July 19, 2013, attached hereto as Exhibit "A" (by reference only) is hereby withdrawn.
2. That all claims asserted in the Notice of Attorneys' Lien by Kenya R. Martin, Esquire,
Individually and Kenya R. Martin, LLC, as filed on April 25, 2013, and attached hereto as
Exhibit "B" (by reference only), in this case, are hereby amended as follows:
a. Kenya R. Martin, Esq., Individually, and Kenya R. Martin, LLC, assert a claim of
$50,000.00 against the attorneys' fee portion of the settlement with Virginia College, et
al.^
b. No lien is asserted against the plaintiffs' portion of the settlement, and those funds can
be disbursed as soon as possible without further objection by Kenya R. Martin.
^ This lien in no way waives the remaining Thirty Thousand Dollars (530,000.00} owed to Kenya R. Martin, Esq.
and Kenya R. Martin, LLC by and exclusively from Warren L. Martin, Jr. and/or Warren L. Martin, Jr., P.A, Kenya R.
Martin, Esq. and Kenya R, Martin, LLC herein request a judgment against Warren L. Martin, Jr., Esq. and Warren L.
Martin, Jr., P.A. (both jointly and severally) for the remaining Thirty Thousand Dollars ($30,000.00).
Kenya R, Martin, Esquire, Individually,

and Kenya R. Martin, LLC
KENYA R. MARTIN
C E R T I F I C A T E OF S E R V I C E
I, Kenya R. Martin, Attomey of Record for Plaintiffs, do herem certify that I have this
day, via United States mail, mailed a true and correct copy of the above and foregoing pleading
to the following:
WARREN L, MARTIN, JR., P.A.
Amy D. Whitten, Esq.

Special Master
607 Highland Colony Pkwy, Suite 100
Ridgeland, MS 39157-6060
This, the 26'^ day of August, 2013.
/s./ Kenva R. Martin

KENYA R. MARTIN
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL Dl.vTlîC.j;- OF
HINDS COUNTY, MISSISSIPPI " ~'
CORDERO BLACKMON, ET AJ... PLAiNirFFS
VS. CIVIL ACTIONNO.:25]-n-954Crv'
VIRGmLA COLLEGE. ET AL. DEFENDANTS
MOTION FOR DETERMINATION OF ATTORNEYS^ FEES
COME NOW, COUNSEL KENYA R. MARTIN, ESQ., INDIVIDUALLY AND KENYA
R. MAJITIN, LLC (hereinafter collectively referred to as "KRA'I") in order to file then" Motion for
Determination of Attorneys' Fees, and would speciflcaily show unro the Court and Special Master
the following:
1. In January 2013, KRM and Warren L. Martin, Jr. aad.''or Warren L. Maitin, Jr., P.A.
(hereinafter collectively referred to as "^^^LM") represented approximately sixty (60) students all
asserting claims agaijist Virginia College and Education Corporation of America,
2, KRKi and WLM had previously resolved approximately ninet>' (90) cases prior to the
representations mentioned in Paragraph L
3, Altliough KRM and WLM represented different numbers of students who signed
their respective employment coiitracts, KRM and WLM had always operated under a 5O%-50%
attomeys fee split. Said attorneys' fee split agreement was memorialized in writing and
communicated on several occasions to ail such plaintiffs represented in these matters.
4. In January 2013, WLM desired to settle and resolve the approximately sixty (60)
remaining claims against Virginia College and Education Corporation of America. After discussing
this matter with WT.M on several occasions, YiSî was under the impression that the amount was
EXHIBIT
onginally too low.
5. These companies agreed to increase their last and best offer by Fift>' Thousand
Dollars (550,000.00) in order to effectuate a global settlement of the re:7iaining sixty (60) claims.
6. However, these companies required KRlsi to sign a release both individually and in
a representative capacity directly in reference to these remaining claims. These companies were
adamant and absolutely required snch signatures in order to effectuate a global settlement.
7. KRM reflised to consent to such global deal under these terms, and no deal was
reached.
8. In January'2013, WRM agreed to pay KRM the sum of Fifty Thousand Dollars
($50,000.00) in additional attorneys fees, above and beyond his agreed upon 50% of the recoverable
attorneys fees in these sixty- (60) remaining claims. The Vncontradicled, S-wom Testimony of
Attorney Toney A. Baldwin supports this position. The consideration for such agreement was the
signing and execution of the release, individually and representatively, which ultimately allov/sd
WLM to collect and recover an undisclosed amount in attome^'3' fees.'
9. Based upon this agreement and reliance thereon, KRM signed the release both
individually and representatively which allowed WLM to coliecf and recover an undisclosed amotmt
.n anomeys' fees.
10. The fust portion of the global sertiement was tendered to WLM (in trust) in February
or March 2013. The Fift>' Thousand Dollars ($50,000.00), pursuant to the agreement, was never
tendered to KRM once WLM received paynient(s).
11. The second and fmal portion of the global settlement is now before this Court. There
' Although the amounts were to be split on a 50%-50% basis, all settlement funds
were tendered to Warren L. Martni, Jr., P.A. in tmst. KRM is unsure whether the fees paid to
WRM were equivalent to those received by KRM.
is approximately Sixty Thousand Dollars ($60,000.00) remaining in attorneys' fees, of which it is
undisputed that Attorney Toney A. Baldwin is entitled to receive Ten Thousand Dollars
($10,000,00).^
12. ICRM hcrdn states that he is entitled to Eighty Thousand Dollars (5S0,OOU.OO) in
recoverablfi attorneys' fees from and against VvTLM. The basis is as follows: 1) a 50%o0% split of
the Sixty Thousand Dollars (S60,000.00)^ is Thirty Thousand Dollars ($30,000,00) owed to KRM;
and 2) the agi-eem.enl to pay directly to KRM Fifty Thousand Dollars (550,000.00) in additional fees,
above and be3'ond the 50% recovery for fees. (Uncontradicted Testimony of Attorney Toney
Baldwin-)
13. As there is only Fifty Thousand Dollars ($50,000,00) left in fees, KRK^ is demanding
this Court issue an Order and Final Judgment authorizing the Circuit Clerk of Hinds County,
Mississippi to release these finds (in the amount of $50,000.00) directly to KRM; and to order and
direct WRivl to pay KRM the amount of Thirty thousand Dollars ($30,000.00) within thuty (30)
days of the entry of said Final Judgment.
14. The testiinony of Attomey Toney Baldwin on or about Friday, August 23, 2013 is
wholly undisputed and uncontradicted.
15. The consideration is demonstrated in that there would be no global deal and recovery
of any attorneys' fees by WLM, but for KRM's signatui-e on the release. See Exhibit "A".
WHEREFORE PREMISES CONSIDERED, a hearing for the determination of attorneys'
' It is undisputed that WLM agreed to pay Attorney Baldwin a flat fee of Ten
Thousand Dollars ($10,000.00).
^ It is tindisputed that the on or about Friday, August 23, 2013, the Special Master
ordered Virgima College and.''or Education Corporation of America to pay the Sixty Thousand
Dollars ($60,000.00) in attorneys' fees into the registry' of the Hinds County Circuit Court.
fees is needed in order to fblly and fmally resolve this remaining issue within this cause. KRM is
herein requesting that this Court issue an Order and Final Judgment authorizing the Circuit Clerk
of Hinds County, Mississippi to release funds (m the amount of $50,000.00) directly to KRJvl; and
to order and direct WKM to pay KRM the amount of Thirty Thousand Dollars ($30,000.00) within
thirty (30) da3^s of the entiy of said Final Judgment. KRM is also requebting any and all other relief
as may be appropriate in the interest of faimess and justice in this matter.
This, the 27" day of August, 2013.
.lOENYA R. MARTIN, ESQ.

By and Through Their Attorney,

PRECIOL.S T. MARTIN. SR. A-SStJCIAJhS
PRECIOUS T. MARTIN, SR.
OF COUNSEL:

Precious T. Martin, Sr. & Assoc.
Post Office Box 373
Jackson, Mississippi 39205-0373
Telephone: (601)944-1447
Facsimile: (601) 944-1448

Telephone; (601)923-1577
Facsimile: (601) 923-1579
Cellular: (601)720-0624
KRMartin(aj4MartinsAtLaw.com
d . i y , \i [ . ' n i u x l S i ; i i c , ^ i i u i ! , i - m i I V V I i r u c .1:1 J c . i r K \ ' l i,'i">p\ o f i h o .\bo\ (oik'-H.>uiL:, p i c k i i i i
ui i h c l o l U i ' - v i n L j ;
W'linvii I . . .\Uirlin. Jr,.

\ \ " A ! U i . l : \. M X i : T I N . . I K . .
.liickMin, \]Ksis>ippi .^'-Cl."^
. \ ! l l > D . W ' l i h l ^ ' n . l:.<u,
II i-iikind Colon;, ['kuv. .Suiic KKI
[ ' I l l s , i l i ^ ir" J:,v o l W i i y u s ; . :013
I'KKCIOI S \ M A U r i N . SR.
Blackmon, et. al. v. Virginia College, L L C
From: Warren Martin Jr. (warren_martinJr_@hotmail.com)

Sent: Wed 8/21/13 7:36 PM
To: amy(thewhittengroup.com (amy@thewhittengroup.com)
Cc; Kenya Martin (krTnartin@4martinsatlaw.com); tcleveland@maynardcooper.com
(tcleveland@maynardcooper.com); Precious T. Martin (pmartin@ptmandassoc.com)
1 attachment
Februar>'- 25, 2013 Order (Virginia College, LLC v. Martin, et. al.).pdf (52.7 KB)
Please see the attached order from Judge Daniel P. Jordan in the case styled Virginia College, LLC v.
Martin, et. ai.
Thanks.

WARREN L MARTIN, JR., P.A.
Fax; (769)257-6596
Phone: (601} 918-8590
Confidentiality Notice: The above electronic transmission is strictly confidential and intended only for
the named recipient(s). The infonnation contained in the electronic transmission is protected under
clientâttomey privilege or is considered work product not subject to disclosure or discovery. If you
receive this electronic transmission by mistake, please refrain from reading this information, return it to
sender and disregard the contents.
EXHIBIT
I f(
https://bayl77.maillive.com/mail/PrintMessages.aspx7cpids-07fa0a38-0a99-lle3-acd7-b... 8/28/2013
W A R R E N L. M A R T I N , J R . . P.A.
Attorney A t Law
Mailing Address:
Post Office Box 1870 Phone: (769)257-6052
Jackson, Mississippi 39215 Facsimile: (769)257-6596
Email: warren_martinjr_@hotmail.com
COMMON CASE EXPENSES
Cordero Blackmon, et al v, Virginia College, LLC, et al. Hinds County Circuit Court; Cause
No.: 251-11-954
Date Vendor Description Amount
10/27/2011 Hinds County filing fee $120.00
12/09/2011 USPS service of process $24.00
02/06//2012 ASAP Printing copying $88.22
04/06/2012 USPS postage $45.00
09/11/2012 MS Supreme Court fee (extension) $20.00
TOTAL CASE EXPENSES $297.22

Outlook Print Message Page I of 1
Blackmon Releases

Sent: Wed 6/19/13 6:24 PM
To: tcleveland@maynardcooper.com (tcleveland@maynardcooper.com);
rgibbs@gibbswhitwell.com (rgibbs@gibbswhitwell.com);
kbushby@maynardcooper.com (kbushby@maynardcooper.com)
2 attachments
Blackmon Releases (Pan 1 of 8).pdf (498.5 K B ) . Blackmon Releases (Part 2 of
8).pdf(2.9MB)
Please see the attachments. Thanks.

Office: (769) 257-6052
Fax: (769)257-6596
Phone: (601} 918-8590
the named recipient(s). The infonnation contained tn the electronic transmission is protected under
client/attorney privilege or is considered work product not subject to disclosure or discovery. If you
EXHIBIT
https://bayl77.mail.live.com/mail/PrintMessages.aspx7cpids-4c99c3ab-134a-4a65-8752-l... 8/28/2013
Blackmon Releases
From: Warren Martin Jr. (warren_martinJr_@hotmaii.com)

Sent: Wed 6/19/13 6:25 PM
2 attachments
Blackmon Releases (Part 3 of 8).pdf( 1924.7 K B ) , Blackmon Releases (Part 4 of
8).pdr(1941.4 KB)

Office: (769) 257-6052
Fax: (769)257-6596
Phone: (601) 91S-S59Q
the named recipient(s). The information contained in the electronic transmission is protected under
https://bayl77.mail.live.com/mail/PrintMessages.aspx?cpids=a3ea0b68-f932-4e5e-bId0-3. 8/28/2013
Outlook Print Message Page I of 1
Blackmon Releases
From: Warren Martin Jr. (warren_martinJr_@hotmaii.com)

Sent: Wed 6/19/13 6:26 PM
rgibbs@gibbswhitwell.com (rgibbs@gibbswhitwell .com);
2 attachments
Blackmon Releases (Part 5 of 8).pdf (1924.3 K B ) , Blackmon Releases (Part 6 of
8).pdf (1921.9 KB)

Office: (769) 257-6052
Fax: (769)257-6596
Phone: (601) 91S-S590
the named recipient(s). The information contained in the electronic transmission Is protected under
receive this electronic transmission by mistake, please refrain from reading this infonnation, return it to
https://bay 177.mail.live.com/mail/PrintMessages.aspx?cpids=ef5aa401 -9a61 -4195-bfef-Ob. 8/28/2013

Blackmon Releases

Sent: Wed 6/19/13 6:27 PM
2 attachments
Blackmon Releases (Part 7 of 8).pdf (1918.0 K B ) , Blackmon Releases (Part 8 of
8).pdf (1447.4 KB)

Office: (769) 257-6052
Fax: (769)257-6596
Phone: (601) 913-8590
httDs:/âvl77.mail.live.com/mail/PrintMessases.aspx?cpids=b7c58480-cf82-4b02-b7fa-d... 8/28/2013
HINDS C O U N T Y , MISSISSIPPI
CORDERO BLACKMON, E T . AL. PLAINTIFFS
V. C A U S E NO.: 251-11-954 C I V
C O L L E G E , L L C ; E D U C A T I O N CORPORATION
OF AMERICA; EDUCATION CORPORATION O F
O F F I C I A L AND P E R S O N A L C A P A C I T I E S ; M I L T O N
PERSONAL C A P A C I T I E S ; AND JOHN DOES 1-15 DEFENDANTS
A F F I D A V I T O F F R A N C E E N I N A S. W H I T E
STATE OF MISSISSIPPI
COUNTY OF HINDS
Personally appeared before me, the undersigned authority in and for the jurisdiction
aforesaid, the within named FRANCEENINA S. WHITE, who after having been by me first duly
swom, testified that the following facts are true and correct and are based upon her own personal
knowledge:
1. My name is Franceenina S. White, and I am currently employed with the law firm
of WARREN L . MARTIN, JR., P.A,; 351 Edgewood Terrace Drive; Jackson, Mississippi
39206. I stated working for Mr. Martin in October 2012. I am over the age of 18 years, have
first-hand knowledge of the mformation contained herein, and am fixlly competent to give this
Affidavit.
2. I became aware of Mr. Martin's representation of several current and former
students who filed claims against Virginia College. Mr. Martin informed me that this was the
Blackmon lawsuit.
3. I have personally spoken with all thirty-one (31) of the Blackmon plaintiffs. I
have met with many, if not, all of them in helping them to prepare and/or sign documents relative
to their case.
4. I have been asked to document my time in the Blackmon case and have spent
approximately one-htmdred and fifty-five (155) hours working on the Blackmon cases.
FURTHER, AFFIANT SAYETH NOT.
WHEREFORE, WITNESS THE EXECUTION HEREOF on this the day of
2013.
FRANCEENINA S. WHITE
SWORN TO AND SUBSCRIBED BEFORE ME, this the day of
^ ^ U m ,2013.
NOTARY PUBLIC
My Commission Expires:
: NIKKI WHEELER
\n Expires/
Aug. 13.2017
?/>;--
!N T H E C I R C U I T C O U R T O F T H E F I R S T J U D I C I A L D I S T R I C T O F
CORDERO BLACKMON, ET, AL. PLAINTIFFS
V. C A U S E NO.: 251-11-954 C I V
C O L L E G E , L L C ; EDUCATION CORPORATION
OF A M E R I C A ; E D U C A T I O N C O R P O R A T I O N O F
ANDERSON, IN HIS O F F I C I A L AND P E R S O N A L
PERSONAL C A P A C I T I E S ; AND JOHN D O E S 1-15 DEFENDANTS
AFFIDAVIT OF NIKKI W H E E L E R
COUNTY OF HINDS
aforesaid, the within named NIKKI WHEELER, who after having been by me first duly swom,
testified that the following facts are true and correct and are based upon her own personal
knowledge:
1. My name is Nikki Wheeler, and I am currently employed vAlh the law firm of
WARREN L. MARTIN, JR., P.A.; 351 Edgewood Terrace Drive; Jackson, Mississippi 39206. I
stated working for Mr. Martin in August 2013. I am over the age of 18 years, have first-hand
knowledge of the information contained herein, and am fiilly competent to give this Affidavit.
2. I became aware of Mr. Martin's representation of several current and former
students who filed claims against Virginia College. Mr. Martin informed me that this was the
Blackmon lawsuit.
I 0
3. I have helped some of the Blackmon plaintiffs to prepare and/or sign documents
relative to their case.
4. I have been asked to document my time in the Blackmon case and have spent
approximately twenty (20) hours working on the Blackmon cases.
FURTHER, AFFIANT SAYETH NOT.
WHEREFORE, WITNESS THE EXECUTION HEREOF on this the ^ " day of
, 2013.
NOTARY PUBLIC
CORDERO BLACKMON, ET. AL. PLAINTIFFS
V. C A U S E NO.: 251-11-954 C I V
VIRGINIA C O L L E G E AT J A C K S O N ; VIRGINIA
C O L L E G E , L L C ; EDUCATION CORPORATION
OF A M E R I C A ; E D U C A T I O N C O R P O R A T I O N O F
P E R S O N A L C A P A C I T I E S ; AND JOHN DOES 1-15 DEFENDANTS
A F F I D A V I T O F W A R R E N L . MARTIN. JR.
COUNTY OF HINDS
aforesaid, the within named WARREN L. MARTIN, JR., who after having been by mefirstduly
swom, testified that the follovng facts are tme and correct and are based upon his own personal
knowledge:
1. My name is Warren L . Martin, Jr., and I am the principal in the law firm of
WARREN L , MARTIN, JR., P.A.; 351 Edgewood Terrace Drive; Jackson, Mississippi 39206.
I am over the age of 18 years, havefirst-handknowledge of the infonnation contained herein,
and am fully competent to give this Affidavit.
2. Attomey Toney Baldvmi, Kenya Martin and I have lunch following a deposition
involving one of the named plaintiffs in the Blackmon lawsuit sometime during the early part of
2013.
EXHIBIT
3. During lhat lunch meeting, I mentioned to Kenya Martin that the overall global
settlement offer made by Virginia College was fair and reasonable and the if all parties accepted
it, then his portion of the attorneys' fee would exceed Fifty Thotisand Dollars ($50,000.00.
4. I have never promised Kenya R. Martin or Kenya R. Martin, L L C a sum of Fifty
Thousand Dollars ($50,000.00) for any reason.
5. Further, neither Kenya R. Martm nor Kenya R. Martin, L L C has accepted a sum
of Fifty Thousand Dollars ($50,000.00) from Warren L . Martin, Jr. or Wanren L . Martin, Jr., P.A.
for any reason.
FURTHER, AFFIANT S A Y E T H NOT.
WHEREFORE, WITNESS THE EXECUTION HEREOF on this the day of
,2013.
WARREN L. MARTIN, J R
SWORN TO AND SUBSCRIBED BEFORE ME, this the day of
NOtARV PUBLIC
My Commissioj^ Expires:
Case 3:11-CV'00682-DPJ-FKB Document 340 Filed 02/25/13 Page 1 of 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
V1RGINL\, LLC PLAINTIFF
V, CrVIL ACTION NO. 3:11CV682 DPJ-FKB
WARREN L. MARTIN, JR., ET AL. DEFENDANTS
ORDER OF DISMISSAL
THE PARTIES have agreed to and announced to the Court a settlement of this case. The
court, being advised that all parties have an informed understanding of their rights and a full
appreciation of the consequences of the settlement, and the Court being desirous that this matter
be finally closed on its docket,
IT IS, THEREFORE, ORDERED that this case is hereby DISMISSED WITH
PREJUDICE as to all parties. If any party fails to comply with the terms of this settlement
agreed to by all parties, any aggrieved party may reopen the case for enforcement of the
settlement agreement. If successful, all additional attorneys' fees and costs from this date shall
be awarded such aggrieved party or parties against the paity failing to comply with the
agreement. The Court specifically retains jurisdiction to enforce the settlement agreement.
This settlement agreement constimtes a global release as to all claims and as to all parties
with prejudice. This settlement will be fmally complete upon execution of release documents.
SO ORDERED AND ADJUDGED this the 25* day of February, 2013.
s/ Daniel P. Jordan III

UNIFED STATES DISTRICT JUDGE
Outlook Print Message Page 1 of I
Cordero Blackmon, et, al. v* Virginia College, et, aL

Sem: Mon 8/27/12 6:04 PM
To: baldwinlaw@ymail.com
Cc: Kenya Martin (krmartin@4martinsatlaw.com)
1 attachment
Notice of Fntry of Appearance (Toney A. Baldwin).docx (15.3 KB)
Toney:
Attached is a proposed entry of appearance in the above referenced case. Pursuant to our agreement,
you will receive $10,000.00 as an attorneys' fee for covering depositions of the students who were
identified in the above referenced lawsuit. We will agree to settle up on the attorneys' fees once
payment is made by Virginia College, LLC in the underlying action. I am copying my co-counsel, Kenya
R. Martin, on this email. Please confirm same via email. If you have any questions, concerns or
comments, please feel free to contact me.
With kindest regards, I am
Sincerely,
Warren L Martin, Jr., Esq.

Phone: (601) 944-1447
Fax: (601) 944-1448
client/attorney privilege or is considered work product not subject to disclosure or discovery. I f you
receive this electronic transmission by mistake, please refrain from reading this infonnation, return it to
https://bavl77.mail.live.com/mail/PrintMessayes.asDx7cDids-le4d4d5b-c382-49h9-Q08f-a 8/99/7nn

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IN T H E C I R C U I T COURT O F T H E F I R S T J U D I C I A L D I S T R I C T O F

HINDS COUNTY, MISSISSIPPI

W A R R E N L . MARTIN, JR. AND W A R R E N L . MARTIN, JR., P . A / S

the following to-wit:

PROCEDURAL AND FACTUAL BACKGROUND

associated counsel, against Virginia College, LLC and others.

Cause No.: 3:ll-CV-682-DPJ-KFB.

(hereinafter referred to collectively as "Kenya Martin") filed a Notice of Attorney's Lien in

in the representation of all named Plaintiffs" as well as an additional $50,000 "against

5. In an email correspondence, Kenya R. Martin states, "This payment represents

D. (Underlined for Emphasis).

filed by Kenya R. Martin contain any supporting affidavits, contracts or documents of

[e]arly on in my communications with Mr. Kenya Martin, I asked him to

7. At the time of Kenya Martin's fihngs in Blackmon, Virginia College and

8. Then, on or about August 26, 2013, Kenya R. Martin filed a Notice of

Amendment of Assertion of Attomey's Lien in the Blackmon matter wherein he admittedly

(iv) any documents which substantiate the existence o f such an agreement.

by reference as Exhibit K. See Exhibit D.

A. Kenya R. Martin Had No Contingency Fee Agreements.

which was necessary in realizing the attorneys' fee.

/. Warren Martin's Law Firm Performed a Majority of the Legal Work

and incorporated by reference as Exhibit N. The affidavit of Nikki Wheeler is attached

Martin, Jr., P.A.

2. Kenya R. Martin has Failed to Establish His Entitlement to Any Fee.

meruit is a possible method for determining attorneys' fees." Duggins v. Guardianship of

in this sense carmot be increased or diminished by the consent of the parties.")

Traditionally, in Mississippi, courts of equity have jurisdiction over quantum meruit

jurisdiction^ to hear or adjudicate a claim of attorneys' fees under a equitable analysis.

contradiction this proposition.

judice is exclusively in a representative capacity on behalf of all the Blackmon plaintiffs. No

enroll a judgment against these entities.

D. Attorney Anthony Toney Baldwin is entitled to an Attorneys' Fee.

correspondence confirming this agreement is attached hereto and incorporated by reference as

E . Kenya R. Martin has violated the Mississippi Rules of Professional

prior liens. See Exhibit I.

require his immediate withdrawal.

This conduct is reprehensible and should not go undetected.

W H E R E F O R E , P R E M I S E S CONSIDERED, Warren L. Martin, Jr. and Warren L.

they may show themselves to be justly entitled.

This the 28"^ dav of August, 2013.

WARREN L. MARTIN, JR., AND

Thomas J. Bellinder, MSB #103115

Hon. Tomie T. Green, Senior Judge

Hon. Amy Whitten, Special Master

Precious T. Martin, Sr.

Ollie A. ("Tres") Cleveland, III

/s/ Warren L. Martin, Jr.

ORDER GRANTING JOINT MOTION FOR APPOINTMENT O F SPECIAL MASTER

College" or "Defendants") to appointment of a Special Master to allocate and distribute the

BOOK 7^7 PAGE 509

IT IS FURTHER ORDERED that 'JiJ^dJlfL be appointed

allocations and distributions of the settlement funds;

incidental to the accomplishment of his duties as outlined herein;

diligence in accomplishing the above; and

their attomeys, with no contribution by Defendants^

CIRCUIT COURT JUDGl

BOOK T 5 T PAQC 510

CORDERO BLACKMON, ET AL. PLAINTIFFS

VS. CIVIL ACTION NO.: 251 -11-954CIV

VIRGINIA COLLKGF., HT AL. DEFENDANTS

NOTICE OF ATTORNEYS* LIEN BY

matter, and would specifically state as follows:

should be subject to the attomey's fee as specifically stated herein.

2. Additionally, the undersigned counsel is further owed Fifty Thousand Dollars