VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK

ROY L. PERRY-BEY and )

RONADL M. GREEN )
)
vs. ) Docket No.: CL19-3928 (MJH)
)
CITY OF NORFOLK, et al. )

OBJECTION TO DEFENDANTS
COURT’S ORDER SUSTAINING MOTION TO QUASH

COMES NOW Plaintiffs, Roy L. Perry-Bey, and Ronald M. Green,

respectfully, object to the Defendants and Court’s findings

and decree as follows:

1. Plaintiffs questions seek factual testimony in dispute

based on the witnesses public statements and writings,

or communications in the media and Court, waiving attorney

client privilege; these are facts clearly before the Court.

2. Privileged communications do not become discoverable simply

because they are related to issues raised in the litigation."

3. Attorneys acting as both a witness and advocate for the

client must also consider the Rule of Professional Conduct

Rule 3.7(a)’s prohibition on attorneys acting as an advocate

in adversarial contested proceeding allowed in this case.

See: Richmond Ass’n of Credit Men v. Bar Assoc., 167 Va. 327

(1937), “UPL Op. No. 1983-#167.

4. Defendants asserting an ‘advice of counsel’ defense generally

constitutes a waiver of attorney client privilege.

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5. The Defendants wild-bald assertion the proffer was not

presented to the City Attorney’s office is frivolous.

6. The Defendants assertion that unethical or conflict of

interests are not relevant to any claim, should have been

rejected, because the Court is not obligated to consider

legal conclusions, even if they are faulty or omitted.

7. The Plaintiffs have loss all confidence in the Court

safeguarding of their constitutional right to a fair or

impartial forum.

Friday, May 31, 2019

Respectfully Submitted,

MR. RONALD M. GREEN

5540 Barnhollow
NORFOLK, VA 23502
(757) 348.0436

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 CERTIFICATION OF SERVICE

I hereby certify that a true copy of the foregoing was

mailed on this 31st day of May, 2019 to Adam D. Melita,
Deputy City Attorney, City of Norfolk, City Hall
Building, 9th Floor, 810 Union Street Norfolk, VA
23510.

By______________________
MR. RONALD M. GREEN
5540 BARNHOLLOW ROAD
NORFOLK, VA 23502