Finally, the court has ruled on all the pending motions.
Will continue to update here.
11152022 Rulings on Motions.pdf (596.3 KB)
[11152022 Order for Schell to produce forensics .pdf|attachment]
(upload://159wH6T3bfscxTfceM4r1F6uL3O.pdf) (415.1 KB)
MBAmendAnswerFormal.pdf (268.9 KB)
MB Correct amend answer 120522.pdf (268.6 KB)
Thank you for posting!
Looking forward to your analysis. The judge doesn’t sound impartial in his statement of the background.
Reposting my last comment on the other thread.
Just saying regarding Sceusi’s filings yesterday - it would be so very, very interesting to know the contents of that email he received from JK.
Thank you @ekat for keeping us all up to date. You are amazing.
I agree!
I wonder if that information will ever come out.
But really, even with out the contents, it is SO VERY out of line and there is no lawyer of any type in the land that does not know that it is SO VERY out of line, which is why it is even more ridiculous that it happened.
So the Defendants need to redo their subpoenas to be more focused as to what docs or things are produced and it needs to be done relatively quickly.
No biggie.
Any depositions can be done via teleconference. No biggie, she’ll still look a hot mess.
To me, the most disturbing thing is one of the judges other statements regarding the history of the case and what it is.
The 2nd doc is the judge ordering the criminal trial prosecutor make available all the seized phone evidence from the criminal trial.
I don’t necessarily disagree with much. I mean, I think that LK is full of it when it comes to not being able to travel due to a weakened physical state and finances*, but otherwise it has been court procedure to conduct business virtually, and that isn’t a big deal. Otherwise the explanations that are given aren’t “wrong” by any means and do have a legal basis/you’d often see the same or a similar result in other cases. Nothing glaringly “biased” I would say.
I think the opening paragraph under the background reads a bit too certain, but if one was making the claims based off of the criminal trial, they wouldn’t be incorrect.
*LK has “unlimited means” and often bragged about being up early and riding multiple horses, so I don’t know that she is soo weakened. I do think it is uneccesary money to spend for traveling though, when it can be and historically has been done virtually. Sometimes these people argue just to argue and get their way, and maybe this was a case of that because I find the reasoning to be weak. Unless she really isn’t of unlimited means 
but I also get not wanting to spend your money on certain things, it’s a personal choice.
His spellcheck also isn’t working.
However there is some interesting information here - namely that the royal parents do not get to dodge the subpoena completely and have 10 days to comply with any newly drafted documents, which I’m sure will be forthcoming shortly.
Also the remote deposition means that the plaintiff will now have a whole lot more issues to contend with - I would expect a protective order barring anyone outside of counsel from being present (including her parents and boyfriend, as they are potential witnesses) and a whole bunch of stipulations about outside communications and coaching.
Thank you @Knights_Mom and @lazaret for your wonderful explanations of the documents!
I have a question. How does the modified drafted documents thing work. Does Jonathan and Kirby Kanarek (@Inigo-montoya and @Seeker1) have to be served again or is it just filed on the court site like everything else?
Edit to add, thank you @CanteringCarrot too, I missed your post some how.
Also of note: the Motion to amend MB’s counterclaim to include all the allegedly illegal wiretapping was granted.
So, that will be interesting going forward.
Yes they must be be served with brand new docs asking for less scopey things.
So asking for turkey and sweet potatoes instead of “everything had for dinner”.
So, is the timing of Jonathan Kanarek and Kirby Kanarek traveling out of the country a means to a further delay?
It seems kind of intentional to me.
I wonder if they are going to play - You can’t serve me - like their daughter (Lauren Kanarek) has a history of doing?
That jumped out at me as well. How can both of those things be true, I wonder. 
But how is that even confirmed that others aren’t there or listening in or they (she) isn’t recording it? I mean, they have a history…
Also, wrt remote deposition, how many times did counsel have to literally point to what they wanted her to focus on? I can see her misunderstanding, misconstruing, faking confusion, and otherwise just making this way, way longer and more work than it needs to be. On purpose. Edit: because being remote one can’t literally point to direct her attention…
I mean it was hard enough in person for ms 3d chess player to stay with the program, so… Yeah, this will really confound her, I imagine.
Plus, who’s reading glasses will they borrow?
.
Shall we place bets on whether they will provide such “less scopey things” by the deadline? Or will it take more motions requesting contempt of court rulings?
Their travel means ZERO to the court.
The court doesn’t know all this yet.
When the judge finds out that she’s been riding and has shown he may feel like he’s been intentionally deceived. We shall see.
But it may be why LK isn’t showing right now, or at least the excuse she’s using not to.
I’m not betting the farm on this!
Maybe.
You can stipulate that the person being deposed is a) alone or b) discloses anyone else present and anyone who enters or leaves the room. You can require the person being deposed to periodically prove they are still alone, that they have powered off all other devices, and the deposition is recorded for later review where it can be questioned if it appears that you are seeking out assistance.
I am guessing a protective order is forthcoming banning anyone who could be a witness from attending the deposition because technically you can have anyone you want there (on either side) and force anyone else present in the room to also appear on camera. It really depends but I would expect those stipulations to be requested.
By submitting your email, you agree to our Terms of Service and Privacy Policy. You may also receive promotional emails from The Chronicle of the Horse. You can opt out at any time.
For Customers
Company
Terms of Use
