Which is why I started this one down here .
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I think it is down to us to not engage even if they wish it.
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No sign of them yet. Somewhat surprisingly.
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It is a great thread though! We can always move it here if we have to. But that information should be out there where everyone can read it.
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ants + picnic= ???
Civil case recap:
10/18/19 LK filed a complaint against MB and several entities. This is the typical way to start a civil action in NJ. She asserted a variety of tort/personal injury claims. Her theory against Sweetgrass Farm is that the entity controlled the property of the farm and allowed MB to have dangerous firearms, so the entity is liable for the injuries he caused using those firearms.
She served the defendants and then moved for an order that they respond to the complaint. After some back and forth on that, the defendants filed their answers. When a complaint has been filed, there are two general ways to respond. The defendant can file a preliminary motion, and raise legal issues (only those related to the way the complaint is written, not factual disputes or more complex legal issues—those are raised later) or answer and respond to the facts. The defendants here chose to answer and those were filed in February and March of 2020. There are some interesting things pled in these answers, but remember that these are not proven facts. This is one side’s version of events (and not even all events, but really one side’s response to what the plaintiff put in the complaint). Just because something is pled in an answer doesn’t mean it’s ever actually proven. The defendants also filed cross claims against each other, basically saying “it’s not me who is responsible, it’s actually you” and pointing the finger at each other. That’s typical. MB also filed a counter claim against LK asserting tort/personal injury claims and that’s where the more “interesting” details are recited, like the fact that LK has a criminal record and a history of drug use.
LK also filed a motion asking that assets be preserved during the litigation. MB opposed this. There was some back and forth on this. The court denied the motion at the end of March.
The court set a discovery end date for December 13, 2020. By that time all paper discovery and depositions would have to be completed. In September, the LK requested an additional 60 days. The parties then jointly requested an extension until May 2021. The judge granted this request.
At that point, the parties were supposed to be off doing that discovery. This happens largely without court intervention. But in January 2021, Sweetgrass Farm moved to compel discovery. According to Sweetgrass Farm, it requested documents and written answers to interrogatories from LK and she didn’t timely provide them. The court granted the motion and ordered LK to provide the discovery within 10 days of when the order was granted, which was February 9, 2021.
Apparently Sweetgrass Farms had not only requested discovery from LK directly, it had also sent a request to the Morris County Prosecutor’s Office requesting documents from that office. The office denied Sweetgrass Farm’s request and sent a letter to the court in the civil case outlining why the office had done so.
In response, Sweetgrass Farm filed a brief explaining why it thought it was entitled to the documents in possession of the Morris County Prosecutor’s Office. One reason was that LK had made lots of social media posts and Sweetgrass Farm believed those were in the prosecutions possession and could most easily be collected by having the prosecution turn the documents over. Sweetgrass Farm argued that if the court was inclined to agree that the prosecutors had no obligation to turn over the information requested, that the civil case be stayed (put on hold) until the criminal case concluded. Because at that point the prosecution was more willing to turn over what it possessed. Sweetgrass Farm requested more than just the social media posts from the prosecution.
That brings us to June 2021. LK changed lawyers. This happens.
There was an oral argument on the motion on June 11, 2021. During the oral argument the court stated that it would not allow any depositions of parties in the case until after the criminal case concluded. That day the court granted in part the motion to compel and ordered the prosecutor’s office to turn over the social media posts pursuant to a confidentiality order within 30 days of the order. So those would have only been due a week or so ago. The court did not order the prosecution to turn over other documents.
Then another litigant changed lawyers.
The parties submitted a confidentiality order for the court to enter, which would govern how discovery was used in the case. It was granted on June 23, 2021.
And then on July 7, 2021, Sweetgrass Farm moved to stay the case (put it on hold) until after the criminal case concluded. All the defendants joined this request. According to Sweetgrass Farm LK did not consent (it’s a little unclear if she said “no” or just never responded when asked if she would consent). This motion is to be decided on July 23, 2021.
And that’s where things stand per the docket.
So to circle back on some of the last couple days discussion on this thread…
- The prosecution did not “want to delay any depositions in the civil trial” so much as the prosecution wanted to resist having to turn over its documents and, in the context of that, pointed out why allowing the civil case to get out ahead of the criminal case could harm the criminal case. Sweetgrass Farm requested documents from the prosecution, the prosecution said no. Sweetgrass Farm moved to compel, and the prosecution wrote a letter explaining its refusal. Part of that justification was the way allowing civil discovery to proceed could harm the criminal case. There was a hearing (no transcript uploaded) and after that hearing the judge ordered that no depositions occur until after the criminal case concluded.
- The prosecution did not make an “argument” in the civil case (I mean, not really, maybe in an oblique way). Sweetgrass Farm requested information from the prosecution. The prosecution resisted and let the civil court know it resisted. The civil court nonetheless required that the prosecution turn over some information. Not all the information that was requested, but some. At the same time the civil court delayed certain discovery—namely depositions of parties.
- In its letter the prosecution did note some of the same concerns I noted above if the civil case was allowed to proceed at the same time as the criminal case—namely that witnesses (primarily LK) might give a deposition in the civil case and then have that used to impeach at the criminal trial). This is a real concern and the reason why the prosecution might want the criminal case to proceed the civil one.
- It appears that Sweetgrass Farm initially would have liked to go forward more aggressively with the civil case, but when it court denied its request for ALL the information it sought from the prosecution, then it preferred to stay the case rather than try to go forward with more limited discovery at that time. Given the choice between going forward now with limited discovery or staying the whole thing until after the criminal trial, all the defendants preferred a stay.
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Thanks for the awesome recap, prof!
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Thanks for the recap! Hugely helpful for the rest of us.
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Thanks
Another thank you for the amazing recap!
What does this mean? Is this something about not talking about stuff or does it mean something else?
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Not sharing materials outside the case, etc.
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Frankly so much time and drama has passed, I need a timeline of all of it cause I’m a little lost wrt who said what, when, and statute of limitations.
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Just a suggestion.
Let’s not antagonize ANYONE.
Let’s hope that they have come to the conclusion that arguing here, misconstruing other people’s posts, making threats, as well as stating out and out lies as facts, is not to their benefit in any way.
Let’s be bigger people. Let’s carry on as though they were never here.
Just a suggestion.
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Thank you for the recap!
With some states reporting Covid cases rising again, do you think trials could possibly be put on hold again or do you think they would continue with the safety measures already in place (masks, partitions and such)?
It does not feel like we’re going back in NJ. It feels like we’re moving forward. That’s how it feels to me.
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Thanks for that incredible break down and explanation.
One question: the civil ct delayed depositions of the parties. Do you think they did so in response to the prosecution’s (in the criminal case) noting the concerns you noted about the civil case getting ahead of the criminal case?
It seems to me that it shouldn’t matter if everyone is honest. If you don’t change your story then a deposition in a civil case won’t be an impeachment threat in the criminal case.
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I suspect courts will be loathe to shut down so hard again. They will likely continue with online/video hearings and limit in person to those that require with precautions.
Just my opinion.
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Please note that in civil cases there is no Prosecution. There is a Plaintiff. Criminal proceedings use a Prosecutor/District Atty
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I think it was a very reasonable decision. MB was particularly at risk of self incriminating if he had to be deposed in the civil case before his criminal trial. He’s got major stakes in the criminal case, he should not have to worry that if he says something in the civil case it will come back to haunt him in the criminal case. Also there are really thorny issues with the cross claims. Technically the entities are pointing fingers at each other and him. There’s some incentive for their testimony to make him look bad. And I don’t think any judge wants to let his civil case harm an ongoing criminal case. If there’s a risk of that happening, why not stay the civil case? There’s little harm to a stay.
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That cleared it right up, thank you! That all makes abundant sense.
