LT)
Silverado Appx. 0549 No. 1-15-567-CV 1638 37. 37. Inresponse In response SCHWAGER toSCHWAGER to merely defending merely defending herrecord her record in in stating that no that no
JUDGE sanctioned eversanctioned JUDGE ever herforsocial mediaor her for social media anything oranything otherthan other nominal thanaa nominal mistake mistake
inaapleading in pleading ofthe of amount the amount thedefendant the stolefrom defendant stole hisincapacitated from his mother, incapacitated mother, the the
V Courtinsisted Court insistedthatit that wasnot it was looking notlooking toextraneous to things extraneous things indetermining in sanctions, determining sanctions, in yet theentiresanctions yetthe hearingwas entire sanctions hearing wasone extraneous one extraneous exhibitafter exhibit afteranother another and federal andaa federal Ill petition petition w hichwas which wasnever evenfiled, but never even not filed bySCHWAGER. but certainly not by SCHWAGER. ul 44 38. 38. PACHECOANDDAVIS PACHECO have violated 4.01 and4.04by AND DAVIS haveviolated4.0l theircomplicity and 4.04 by their complicity
in inappropriate in inappropriatecriminal criminalthreatsagainstPLAINTIFFS threats against PLAINTIFFS and their attorney and their for attorneyfor criminalttrespass criminal respass and and contempt olely toto gain contemptssolely gain an advantagein an advantage civil a civil in a
proceeding. proceeding. PACHECO PACHECOddemonstrates emonstratesno respectffor norespect ortherightsof thirdpersons the rights of third persons integrityof or integrity or these of these proceedings proceedings with with highly highly inflammatory, inflammatory, slanderous slanderous
questionstargeted questions to place targetedto place witnessesin false light witnesses inaa false to the light to the Court. Thiswas Court. This was degradingaand violation nd aa violation of ofthe theRules Rulesgoverning attorneys' behavior.Rule degrading governing attorneys' behavior. Rule
3.04,4.04.H 3.04,4.04. Her actionsjustify er actions sanctionsfor justify sanctions abusingprocess for abusing harass, to harass, processto intimidate intimidate andretaliate and illegally retaliate illegally against against PLAINTIFFS PLAINTIFFS andtheir and ATTORNEY. their ATTORNEY.
39. 39. InFlynt In Flynt v. Falwell, v. Falwell, TheCourt notedthattheFirstAmendment The Court noted vigorously that the First Amendment vigorously
protects tthe protects heright criticizein right ttoo criticize inmatters ofcore mattersof publicand corepublic andpolitical concern. political concern. With With
elderabuseandexploitation elder nationwideepidemic abuse and exploitation aa nationwide the issues asserted in epidemictheissuesasserted this in this
could not matter could matter be greater not be politicalspeech" "corepolitical greater"core speech" on of public mattersof on matters public publishedby Seearticles published concern.See concern. bythe theAmerican Bar BarAssociation, Association,Senior
HousingNews,LongTerm LivingMagazine, Housing News, Long Term Living Magazine,Southeast TexasRegister, SoutheastTexas TexasBar Register,Texas Bar
Feature
Silverado Appx. 0550 No. 1-15-567-CV 1639 40. 40. DAVIShas DAVIS intentionally has intentionally aand nd relentlessly relentlesslydeceived deceivedthis Courtwith this Court with
statements adamant statements ofSILVERADO of SILVERADOSENIOR SENIOR LIVING'S LIVING'S deep deep concern forthe concern for the
privacyrightsof privacy itsresidents, rights of its residents, RUBY RUBY PETERSON, PETERSON, andemployees and whenthe employees when the
truth ofthe truth of matter the matter isthat is SILVERADO's that SILVERADO's objections objections thevideo tothe to video and and evidence evidence
inthis in beingpublic casebeing this case publicare strictlyfinancial. arestrictly 41. 41. JOSHDAVIShas JOSH DAVIS hasfurtherattempted totodeceivethe further attempted deceive theCourt Court by placing by placing
SCHWAGERinina a false SCHWAGER false light, light, as as if hejust if he justhappened happenedtotostumble