Case: 45CO1:14-cv-01131

Document #: 24

Filed: 11/02/2016

Page 1 of 4

IN THE COUNTY COURT OF MADISON COUNTY, MISSISSIPPI

DOWNTOWN JACKSON PARTNERS

and
DJP MARKETING CENTER, LLC

PLAINTIFFS

v.

NO. CO-2014-1131

LINDA BRUNE

DEFENDANT
MOTION FOR CONTEMPT

Come now the Plaintiffs, Downtown Jackson Partners and DJP Marketing Center,LLC,
who hereby move the Court to hold the Defendant Linda Brune in contempt of court for refusing
to adhere to the Courts bench ruling to be deposed and respond to interrogatories and document
production requests ,and, further, to order appropriate relief as authorized by Mississippi Rule
of Civil Procedure 37 and other legal authorities, as follows:
On Tuesday, October 25, 2016, the Court heard the Plaintiffs Motion to Compel
Discovery. (Doc.#17 ).The Plaintiffs motion was made necessary because the Defendant has
stated that she did not intend to participate in any pretrial proceedings until the completion of
a criminal trial scheduled to commence on November 28, 2016, in Hinds County, in which the
Plaintiffs President is the defendant. See email dated September 21, 2016, attached, and
Defendants Answer to Discovery filed October 12, 2016 (Doc. #22). The Defendant claims she
will be a witness in this criminal trial, which is materially unrelated to this civil action. The
Defendant did not attend the October 25th hearing on the PlaintiffsMotion to Compel. The Court
ruled from the bench to grant the Plaintiffs Motion to Compel, ordering the Defendant to
appear at a deposition at the Madison County Courthouse, at a time when a witness room was
1

Case: 45CO1:14-cv-01131

Document #: 24

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available. Afterwards, Plaintiffs counsel scheduled the use of a witness room with the Circuit
Court for Tuesday, November 1st, at 2:00 p.m., and in turn prepared an order for the Courts
consideration, which was sent to the Court Administrator , and copied to the Defendant, via
email. The proposed order listed the aforesaid time, date and place for the deposition.
Subsequently, Plaintiffs counsel awaited confirmation from the Defendant that she would
attend the deposition. Plaintiffs counsel emailed and left the Defendant a voicemail message
yesterday seeking confirmation but never heard back from her. Plaintiffs counsel appeared at the
Courthouse yesterday at the appointed time for the deposition but the Defendant did not show
up.
In light of the Defendants expressed position refusing to cooperate, as stated in her
written answer and email regarding the Plaintiffs Motion to Compel, and as evidenced by her
recent course of conduct, it is clear that the Defendant does not intend to be deposed prior to the
December 3rd trial date for this cause, even after knowing that the Court had granted the
Plaintiffs motion to compel.
Rule 37(b)(1) states that the failure of a deponent to be sworn or answer a question after
being directed to do so by the court may be considered a contempt of court. Likewise, Rule
37(b)(2) provides if a party fails an order to provide or permit discovery, including an order
granting a motion to compel, the court may make such orders in regard to the failure as are
just, including the following:
(A) an order that the matters regarding which the order was made or any
other designated facts shall be taken to be established for the purposes of
the action in accordance with the claim of the party obtaining the order;

Case: 45CO1:14-cv-01131

Document #: 24

Filed: 11/02/2016

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(B) an order refusing to allow the disobedient party to support or oppose

designated claims or defenses, or prohibiting him from introducing
designated matters in evidence;
(C) an order striking out pleadings or parts thereof, or staying further
proceedings until the order is obeyed, or dismissing the action or
proceeding or any part thereof, or rendering a judgment by default against
the disobedient party;
(D) in lieu of any of the foregoing orders or in addition thereto, an order
treating as a contempt of court the failure to obey any orders.
The Plaintiffs move the Court to hold the Defendant in contempt. The Plaintiffs further
move the Court to issue a bench warrant causing the Defendant to appear at a deposition at the
Courthouse at time convenient to Plaintiffs counsel and that she not be released from the
custody of the Sheriff until the deposition is concluded to the satisfaction of the Plaintiffs.
Respectfully submitted, this the 2nd day of November, 2016.
DOWNTOWN JACKSON PARTNERS
and
DJP MARKETING CENTER, LLC
PLAINTIFFS
By: _ /s/Samuel L. Begley___________
Samuel L. Begley
OF COUNSEL:
Samuel L. Begley
MSB NO. 2315
BEGLEY LAW FIRM, PLLC
P. O. Box 287
Jackson, MS 39205
Telephone: (601)969-5545
begleylaw@gmail.com

Case: 45CO1:14-cv-01131

Document #: 24

Filed: 11/02/2016

Page 4 of 4

CERTIFICATE OF SERVICE
I certify that on this day I electronically filed the foregoing pleading with the Clerk of the
Court using the MEC system
I further certify that I served the same via U.S. Mail and electronic mail on the
following:
Linda Brune
6811 Old Canton Road, Suite 1001,
Ridgeland, MS 39157
linda_brune2012@outlook.com
Robert Shuler Smith, Esq.
Hinds County District Attorney's Office
PO Box 22747
Jackson Mississippi 39225-2747
rsmith@co.hinds.ms.us

robsmith3@prodigy.net
This the 2nd day of November, 2016.
_s/Samuel L.Begley___
Samuel Begley

Case:
Case:45CO1:14-cv-01131
45CO1:14-cv-01131 Document
Document#:#:24-1
22

Filed:
Filed:10/12/2016
11/02/2016 Page
Page11ofof22

IN THE COUNTY COURT OF MADISON COUNTY, MISSISSIPPI

L E 1)

DOWNTOWN JACKSON PARTNElf

MADISONCOUNTY

and
DJP MARKETING CENTER, LLC
V

OCT 1 2 2016
ANITA Willy, irCUITtMINTIFFS
BY

/14 f 14i(

NA 0C0-2014-1131-SSr

DEFENDANT

LINDA BRUNE

ANSWER
PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS

As I am without representation at this time, I am at a loss as to whether I

am to file a motion for Judge Longwitz to delay Mr. Begley's request for
interrogatories and production of documents. Therefore, I am filing this
answer to Mr. Begley's request as a precautionary measure.
Having testified before the Hinds County Grand Jury regarding the case
against Benjamin Wade Allen, President of Downtown Jackson Partners
(hereafter DJP), I am under oath to reveal/discuss nothing regarding DJP
until after that trial, which is scheduled for November 28, 2016, in the
Hinds County Circuit Court. Mr. Allen was indicted on ten counts of
embezzlement and misuse of funds belonging to DJP. Preparation for that
trial has been time consuming and stressful for me. I, respectfully, request
that Judge Longwitz delay ALL proceedings regarding this issue until after
that trial.
Realizing that I might be held in contempt of court by refusing to cooperate
in this hearing, I am ready to accept the consequences. If I go to jail for
that refusal, I will have housing, food, medical treatment and other
necessities, some of which I do not have at this lime. These people can do
nothing more to me. I have lost everything, including my job, all assets,

Case:
Case:45CO1:14-cv-01131
45CO1:14-cv-01131 Document
Document#:#:24-1
22

Filed:
Filed:10/12/2016
11/02/2016 Page
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medical and life insurance. My credit is in the toilet and I have lost
respect from some in the community. I simply have nothing else to lose
While DJP made every attempt to have me indicted for embezzlement after
I was fired from my employment with same, that case was no billed by the
Hinds County Grand Jury. According to the Detective assigned to that
case, DJP urged them to arrest me on Christmas Day in 2014. I provide
that information to show the malicious intent and retaliation by DJP.
Since that case was no billed in Hinds County, DJP is taking a second bite
of that apple in Madison County.
Under these circumstances, I decline to cooperate with Mr. Begley's request
for information regarding this case or any case regarding DJP until after the
trial of DJP President. I am prepared to take any consequence involved
but will not subject myself to contempt in Hinds County to satisfy a possible
order in Madison County.
Again, I am requesting that any proceedings be delayed until after the trial
of DJP President.

Respectfully submitted,
Linda S. Brune
(601)624-0381
linda brune2012(thoutlook.com

Copy
Samuel Begley, Attorney at Law
PO Box 287
Jackson, MS 39205

11/2/2016

GmailDowntownJacksonPartnersv.LindaBruneCaseNo.20141131

Case: 45CO1:14-cv-01131

Document #: 24-2

Filed: 11/02/2016

Page 1 of 1

SamuelBegley<begleylaw@gmail.com>

DowntownJacksonPartnersv.LindaBruneCaseNo.20141131
LindaBrune<linda_brune2012@outlook.com>
Wed,Sep21,2016at12:52PM
To:LindsayJohnson<Lindsay.Johnson@madisonco.com>,SamuelBegley<begleylaw@gmail.com>

Ms.Johnson:

Iwillnotbeavailablefordepositionsoranyrelatedmattertothiscaseuntilafterthecriminaltrialof
DowntownJacksonPartners'president.Ihavenoattorneyatthistimebuthewillbeavailable,
hopefullyinDecember.Iwillbeavailableanytimeaftertheaforementionedtrialisover.

Thankingyouinadvanceforyourcooperation.

LindaBrune

From:LindsayJohnson<Lindsay.Johnson@madisonco.com>
Sent:Wednesday,September21,201612:17PM
To:SamuelBegley
Cc:LindaBrune
Subject:RE:DowntownJacksonPartnersv.LindaBruneCaseNo.20141131

[Quotedtexthidden]

https://mail.google.com/mail/u/0/?ui=2&ik=1b390c2a85&view=pt&q=lindsay.johnson%40madisonco.com&qs=true&search=query&msg=1574de08ec889078&s

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Case: 45CO1:14-cv-01131

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Case: 45CO1:14-cv-01131

Document #: 17

Filed: 06/29/2016

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IN THE COUNTY COURT OF MADISON COUNTY, MISSISSIPPI

DOWNTOWN JACKSON PARTNERS

and
DJP MARKETING CENTER, LLC

PLAINTIFFS

v.

NO. CO-2014-1131

LINDA BRUNE

DEFENDANT

DEFENDANTS MOTION TO COMPEL DISCOVERY

The Plaintiffs move the Court for an order compelling the Defendant Linda Brune to
provide available dates for her deposition upon oral examination and to otherwise cooperate in
providing discovery. In support of their Motion the Plaintiffs submit the following:
The Plaintiffs are seeking to take the deposition of the Defendant Linda Brune, and to
have her produce documents at her deposition. Recently, counsel for the Plaintiffs received a
letter, a copy of which is attached as an exhibit, from Robert Shuler Smith, Esq., in which he
claims to be acting as Ms. Brunes attorney. Mr. Smith is the District Attorney for the Seventh
Circuit Court District (Hinds County). Mr. Smiths letter states that Ms. Brune will not be
available for depositions or any other matter related to the civil dispute in the above referenced
[ Downtown Jackson Partners v. Linda Brune] until she has retained counsel to respond to
numerous requests by DJP. Mr. Smith further states that Ms.Brune will request the Court to
hold any civil matter in abeyance until the disposition of the criminal matter.Notably, the Court
Administrator has scheduled a jury trial in this case to begin on December 5, 2016. No attorney
has entered an appearance as Ms. Brunes counsel.

Case: 45CO1:14-cv-01131

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Accordingly, the Plaintiffs move the Court to enter an order compelling the Defendant
Linda Brune to provide counsel for the Plaintiffs with available dates for her deposition upon
oral examination, and further order her to otherwise cooperate with the Plaintiffs in providing
any requested discovery. The Plaintiffs further move the Court to order Robert Shuler Smith,
Esq. to curtail his participation as an attorney for the Defendant in the instant civil matter until he
enters his appearance as counsel.
Respectfully submitted, this the 29th day of June, 2016.

DOWNTOWN JACKSON PARTNERS

and
DJP MARKETING CENTER, LLC
PLAINTIFFS
By: _ /s/Samuel L. Begley___________
Samuel L. Begley
OF COUNSEL:
Samuel L. Begley
MSB NO. 2315
BEGLEY LAW FIRM, PLLC
P. O. Box 287
Jackson, MS 39205
Telephone: (601)969-5545
begleylaw@gmail.com

Case: 45CO1:14-cv-01131

Document #: 17

Filed: 06/29/2016

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CERTIFICATE OF SERVICE
I certify that on this day I electronically filed the foregoing pleading with the Clerk of the
Court using the MEC system
I further certify that I served the same via U.S. Mail and electronic mail on the
following:
Linda Brune
6811 Old Canton Road, Suite 1001,
Ridgeland, MS 39157
linda_brune2012@outlook.com
Robert Shuler Smith, Esq.
Hinds County District Attorney's Office
PO Box 22747
Jackson Mississippi 39225-2747
robsmith3@prodigy.net
This the 29th day of June, 2016.
_s/Samuel L.Begley___
Samuel Begley

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