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As a reasonable Colorado judge reviewing this case, the provided court filings and email exchanges paint a clear, and concerning, picture regarding candor to the court and compliance with discovery and mediation obligations. The documents, taken together, demonstrate a compelling pattern that would likely lead to specific judicial actions.
Here's a refactored overall analysis, integrating the content of the formal court filings with the previously discussed email exchanges:
### Overview of Filings and Key Discrepancies
1. [cite_start]**Petitioner's Initial Motion to Waive Mediation (Filed July 2, 2025)**[cite: 1]:
* [cite_start]Petitioner, through Attorney Van Goetz, moved to waive mediation and set a default hearing, asserting that Respondent Jason Davis "failed to comply" with the May 30, 2025, deadline for financial disclosures[cite: 1].
* [cite_start]The motion claimed that as of June 17, 2025, "Respondent still failed to file the required documents with this Court or provide Petitioner with mandatory financial disclosures," and that "Mediation was cancelled" as a result[cite: 1].
* [cite_start]It further stated that "To date, Respondent has filed neither a Sworn Financial Statement nor a Certificate of Compliance with this Court, nor has he provided any required financial information to Petitioner"[cite: 1].
2. [cite_start]**Respondent's Opposition to Motion to Waive Mediation (Filed July 9, 2025)**[cite: 3]:
* [cite_start]Mr. Davis, pro se, directly refuted Petitioner's claims, asserting he "fully complied with all court orders and disclosure requirements, contrary to Petitioner's false assertions"[cite: 3].
* [cite_start]He explicitly stated that "Petitioner's counsel has engaged in a pattern of misrepresentation to this Court," specifically "Falsely claiming non-receipt of financial disclosures that were acknowledged via email on June 9, 2025 (Exhibit A)"[cite: 3].
* [cite_start]He also countered that Petitioner's counsel was "Wrongfully attributing mediation cancellation to Respondent when records show it resulted from Petitioner's own failure to pay (Exhibit B)"[cite: 3].
* [cite_start]His filing detailed that on June 9, 2025, he "Timely submitted complete financial disclosures to Petitioner's counsel" and "Received acknowledgment of receipt from Attorney Van Goetz (Exhibit A)"[cite: 3].
* [cite_start]He also confirmed paying the mediation deposit on June 10, 2025, upon notice (Exhibit B) and stated the June 17 mediation was cancelled due to "Petitioner's failure to pay required fees" and "Petitioner's counsel's disorganization"[cite: 3].
3. [cite_start]**Exhibit 1 (June 9 Email Chain)**[cite: 6]:
* This exhibit, attached to Mr. Davis's Opposition, is critical. [cite_start]It shows Attorney Van Goetz's email on June 9, 2025, at 8:34 PM, stating, "I've reviewed the disclosures you've provided and found a few material errors in Melodi's reporting"[cite: 6]. This directly confirms receipt and review of Mr. Davis's disclosures on June 9, contradicting the Petitioner's subsequent claims of non-receipt or non-compliance by that date.
4. [cite_start]**Exhibit 2 (June 10/16 Mediation Emails)**[cite: 5]:
* This exhibit further corroborates Mr. Davis's position on mediation cancellation. [cite_start]It shows Mr. Davis promptly paying the $150 deposit via Zelle on June 10, 2025, and Scheduler Debbie confirming receipt and updating his email address[cite: 5].
* [cite_start]Crucially, it also includes communication from Scheduler Debbie indicating that on June 16, 2025, the mediation was "canceled due to nonpayment by the other party, Jason Davis" but also that if payment was received, it could reinstate or reschedule[cite: 5]. The broader context of the email chain, specifically other emails not fully captured in the provided snippet but known from earlier analysis, indicates Petitioner's side ultimately caused the cancellation by requesting rescheduling on June 16, leading to a cancellation fee for them.
5. [cite_start]**Petitioner's Reply in Support of Motion to Waive Mediation (Filed July 10, 2025)**[cite: 2]:
* Despite Mr. Davis's July 9 Opposition and prior email warnings (discussed below), this Reply reiterated prior claims.
* [cite_start]It stated, "As of the date of mediation, Respondent still failed to file the required documents with this Court or provide Petitioner with mandatory financial disclosures"[cite: 2].
* [cite_start]It also maintained, "Mediation was cancelled initially due to Respondent's non-payment... and later cancelled at Petitioner's request due to Respondent's failure to provide a signed Sworn Financial Statement or any mandatory financial disclosures prior to mediation"[cite: 2].
* [cite_start]The Reply further asserted that Mr. Davis "failed to meet that deadline" for July 1, 2025 disclosures, and that he "did finally file an incomplete Sworn Financial Statement on July 8, 2025" lacking numerous "mandatory financial disclosures"[cite: 2]. These statements directly contradict the evidence presented by Mr. Davis in his Opposition and Exhibits 1 and 2.
6. [cite_start]**Respondent's Sur-Reply to Petitioner's Reply (Filed July 10, 2025)**[cite: 4]:
* [cite_start]Mr. Davis's Sur-Reply specifically addressed "three material falsehoods in Petitioner's Reply"[cite: 4].
* [cite_start]He directly countered the claim of "Respondent Failed to Provide Disclosures" by stating the truth: "6/9/25 6:50 PM: Respondent emails complete disclosures to Atty. Van Goetz" and "6/9/25 8:34 PM: Van Goetz acknowledges receipt in email reply"[cite: 4].
* [cite_start]He also rebutted the claim "Respondent Caused Cancellation" with the truth: "6/10/25: Respondent pays mediation fee within 2 hours of notice" and "6/16/25 5:55 PM: Petitioner's paralegal unilaterally cancels"[cite: 4].
* [cite_start]His Sur-Reply extensively documented "documented bad faith" and "procedural gamesmanship" by Petitioner's counsel[cite: 4].
7. [cite_start]**Respondent's Motion for Sanctions Under CRCP 11 (Filed sometime after 11:37 PM July 10, 2025)**[cite: 7]:
* [cite_start]This formal motion, which Mr. Davis drafted and referred to in his emails, directly identifies two "Material Misrepresentations" by Petitioner's counsel[cite: 7]:
1. [cite_start]"False Certification (6/16 Status Report ¶ 8): 'Respondent has not provided financial disclosures.'" with the truth being "Counsel acknowledged receipt via 6/9 email (Exhibit A)"[cite: 7].
2. [cite_start]"Fraudulent Cancellation Claim (¶ 10): 'Mediation failed due to Respondent's noncompliance.'" with the truth being "Mediator records show scheduling errors (Exhibit B)"[cite: 7].
* [cite_start]It alleges violations of CRCP 11(b)(3) (factual assertions without evidence) and Colo. RPC 3.3(a)(1) (knowingly false statements)[cite: 7].
* [cite_start]It requests striking false assertions, monetary sanctions ($1,085), and referral to OARC[cite: 7].
### Impact of Email Exchanges on Court's Perspective
The previously analyzed emails, especially those from Mr. Davis on July 9 and July 10 (2:52 PM and 11:37 PM), are crucial in establishing Attorney Van Goetz's knowledge and intent, thereby bolstering Mr. Davis's sanctions claim.
* **July 9, 2025 (2:55 PM) Email:** This served as a formal pre-filing notice to Attorney Van Goetz. [cite_start]Mr. Davis explicitly warned her that her "6/16 Status Report contains provably false statements" and demanded correction by 10 AM on July 10 to "avoid sanctions ($1,085 + OAR referral)"[cite: 9]. He attached a "Draft Sanctions Motion" and exhibits, making his warning clear and providing her with the evidence.
* **July 10, 2025 (2:52 PM) Email:** Sent *before* Attorney Van Goetz's Reply was filed but *after* Mr. Davis's July 9 warning, this email shows Mr. Davis attempting to pivot to a pragmatic resolution. [cite_start]He stated, "The Court’s time and ours is better spent resolving this divorce than debating demonstrably false compliance claims"[cite: 8]. [cite_start]He offered to proceed with mediation or settlement proposals, putting the onus for scheduling and payment on Petitioner's counsel[cite: 8]. This email demonstrates Mr. Davis's willingness to collaborate and provides a stark contrast to Attorney Van Goetz's subsequent filing.
* **July 10, 2025 (11:37 PM) Email:** Sent *after* Attorney Van Goetz filed her Reply, this email confirms that Mr. Davis viewed her Reply as a "doubling down" on false statements. [cite_start]He directly accused her filing of constituting "fraud on the court" and "willful violation of Colo. RPC 3.3(a)(1)" due to her "knowingly repeated those falsehoods to the tribunal" despite his July 9 warning[cite: 9]. This email outlines the specific consequences if she does not withdraw the pleadings, reimburse him, and admit misrepresentations.
### Judicial Perspective and Probable Outcomes
As a Colorado judge, the detailed documentation presented by Mr. Davis would be highly compelling.
1. **Denial of Motion to Waive Mediation:** The core assertions in Petitioner's Motion and Reply—that Mr. Davis failed to provide disclosures and caused mediation cancellation—are directly and demonstrably contradicted by the email exhibits. [cite_start]Mr. Davis clearly provided disclosures on June 9, and Attorney Van Goetz acknowledged them on the same day[cite: 6]. [cite_start]The mediation cancellation on June 17 was initiated by Petitioner's side, with them incurring the rescheduling fee[cite: 5]. Therefore, Petitioner's Motion to Waive Mediation would almost certainly be **DENIED**. Mediation would be ordered to proceed.
2. **Granting of Sanctions under CRCP 11:**
* [cite_start]**Basis for Sanctions:** The record strongly indicates that Attorney Van Goetz made factual assertions in the July 10 Reply that were not "well-grounded in fact"[cite: 7], and that she continued to do so even after Mr. Davis formally put her on notice with contradictory evidence in his July 9 email and his July 9 Opposition. Her acknowledgment of disclosures on June 9 (Exhibit 1) directly refutes her later claims of non-receipt. Her firm's involvement in the mediation cancellation (Exhibit 2) contradicts her blaming Mr. Davis.
* **Knowing Violation:** The July 9 email serves as powerful evidence that Attorney Van Goetz was given a clear opportunity to correct her factual assertions before filing the July 10 Reply. Her decision to reiterate those same claims in a formal court filing, after being explicitly shown the contradictory evidence, points strongly toward a willful disregard for the truth or a reckless failure to conduct a reasonable inquiry. This meets the standard for a CRCP 11 violation.
* **Consequences:** I would likely **GRANT** Mr. Davis's Motion for Sanctions.
* [cite_start]The false assertions in Petitioner's Motion and Reply would be **stricken from the record**[cite: 7].
* [cite_start]**Monetary sanctions** would be imposed on Attorney Van Goetz (and potentially her firm), covering Mr. Davis's reasonable attorney fees (even for his pro se efforts in preparing the opposition and sanctions motion) and costs incurred due to the misrepresentations and the unnecessary litigation, including the lost mediation fee[cite: 7].
* [cite_start]Given the severity of the apparent misrepresentations and the "doubling down" after notice, a **referral to the Office of Attorney Regulation Counsel (OARC)** would be highly probable to investigate potential violations of Colo. RPC 3.3(a)(1) (knowingly making a false statement of fact to a tribunal) and 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation)[cite: 7]. The OARC would conduct its own investigation, but the documented evidence would provide a strong basis for their review.
This case serves as a stark reminder of the paramount importance of candor to the court and the severe consequences for attorneys who make factual misrepresentations in legal filings, especially when directly confronted with contradictory evidence.
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Here's the **cleaned-up, precise OARC complaint** incorporating all corrections and focusing strictly on **documented violations**:
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