Metro Lawyers Abruptly Drop Consolidation Motions

By Walter F. Roche Jr.

Without explanation, Metro government has abruptly dropped attempts to consolidate cases stemming from the theft of some $1 million by a disbarred and currently imprisoned Nashville attorney.
In motions filed this week, Metro lawyers asked to withdraw pending motions to merge two cases now in probate court with separate but related suits in circuit court.
All four cases stem from the admitted theft by John E. Clemmons in probate cases in which he had been charged with safeguarding their funds.
The opposing attorney, Paul Gontarek, had countered charging that the consolidation would only further slow the process of winning some restitution for the victims, the estate of William C. Link and Donald Griggs, who was placed in a conservatorship under Clemmons.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not  even responding to the suits
Gontarek said in his latest motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
With the Metro motions withdrawn, default judgments are likely to be issued against Clemmons and Gontarek has stated he will then seek to find any available assets.
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Saturday, August 15, 2015

Default Judgments Sought In Probate Cases

By Walter F. Roche Jr.

A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashvil

Attorney Says Victims of Jailed Lawyer Have Waited Too Long

By Walter F. Roche Jr

Victims of a jailed and disbarred Nashville attorney have waited long enough for a chance to recoup nearly $1 million stolen from them, according to the lawyer for two of those victims.
In motions filed Monday in Davidson Probate Court, Paul Gontarek charged that an attempt by Metro government to have the cases transferred to another judge would lead to inevitable delays and additional costs.
Citing the "criminal actions" of disbarred lawyer John E. Clemmons, Gontarek wrote, "There is no reason to delay the process further."
The filings in the cases of the estate of William Link and the conservatorship of Donald Griggs come nearly two years after Clemmons was sentenced to an 18-year jail term after pleading guilty to charges he stole from the very clients - including Link and Griggs -he had been appointed to protect.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not responding to the theft charges.
Metro lawyers, however, countered with a motion to have the cases transferred to a senior circuit judge who is hearing separate cases Gontarek had filed against Metro government itself. In those cases he charged that had Metro officials done their jobs of overseeing the two cases, the thefts could never have occurred.
In the motions filed this week Gontarek argued  that sending the probate cases to another judge, Senior Judge Ben Cantrell, in another court, Davidson Circuit, would lead to delays because the other judge would have to familiarize himself with the cases.
Instead, Gontarek urged the court to go ahead and act on his pending motions to have Clemmons declared in default and then assess damages.
"The sooner a damages hearing can be held, the sooner Mr. Gontarek can begin to identify possible assets owned by Mr. Clemmons."
Gontarek said in his motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
Contact:wfrochejr999@gmail.com

Default Judgments Sought In Probate Cases

By Walter F. Roche Jr.

A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashville lawyer who is serving a lengthy prison sentence.
Motions filed Friday in Davidson Probate Court charge that Clemmons misappropriated nearly $1 million in two cases.
The motions filed by Paul A. Gontarek also seek the imposition of punitive damages.
Gontarek was appointed to takeover the two cases after Clemmons entered guilty pleas to charges that he stole money from several persons while serving as a conservator.
Clemmons was sentenced to a total of 18 years in prison and is now serving out that sentence at a state correctional facility in Clifton, Tenn.
According to court filings, Clemmons admitted to stealing $771,000 from the estate of William Link and $172,506 from Donald Griggs. Clemmons had been appointed as a conservator for Griggs.
The Gontarek motion in the Link case charges that Clemmons engaged in "egregious misconduct" when he "converted the estate assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries of the estate."
In the Griggs case Gontarek noted that Clemmons, despite being served with the complaint "failed to appear, plead or otherwise defend against the complaint."
In addition to the Link and Griggs' cases, Clemmons entered guilty pleas in two other cases, one in Davidson County and the other in Rutherford.
A hearing on the motions has been scheduled for Aug. 28 at 10 a.m. before Probate Judge David "Randy" Kennedy.
Gontarek is also seeking to recover money from Metro government, charging that had court officials properly monitored the cases, Clemmons would not have been able to extract the money. Metro recently asked the court to consolidate some of those cases.
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