MB CIVIL SUIT UPDATE #10 K’s Request to Adjourn (delay) DENIED 11/01/22

Nagel had a filing today. Could someone post it here as I am unable to. Thanks!

4 Likes

Even harder to believe that discussions happening after the fact are vastly different than texts, emails, recordings, etc involving JK for sure, as was testified in court, before the shooting that include things such as “Finish the Bastard”, along with plotting about where to place recorders, etc.

Eggbutt (or anyone else) talking to some other person after the fact does not bolster or hurt any of the parties’ claims.

Perhaps we should review the amended counter claim again to see the relevance for MB. Might also be worth noting again, why SGF wants the tings they’ve asked JK for.

MB Amended Answer and Counter.pdf (6.9 MB)

SGF OPP MOT QUASH.pdf (1.3 MB)

:penguin:

14 Likes

Hang on…

Basically Nagel is saying the statute of limitations has passed for MB to amend his counter suit and that it’s too late to bring up the issues he did.

LK response to amended counter.pdf (163.4 KB)

11 Likes

Huge thanks again to those who are keeping an eye on the legal developments for us!!!

8 Likes

What do you think the result of this will be?

It is hard for me to believe that the statue of limitations is not halted and started again in a case where the courts put the case on hold.

:hatched_chick:

18 Likes

So 7 pages of blather (including yet again the incorrect information that MB is an Olympic medalist) can be summed up in one sentence. Hope LK/JK isn’t paying him by the word.

18 Likes

Thank you for posting here!

3 Likes

The standard for statute of limitations is started when someone can first discover something has happened. The statute for criminal charges might be over, but I guess legally the clock for the civil trial didn’t begin until the state turned over the texts messages after the criminal trial.

9 Likes

I am only to the top of the 2nd page and this:

"During that conversation, Barisone took out a handgun and shot Plaintiff in the chest
multiple times at point-blank range. "

errrrrr um, shot twice and not at point blank range as was proven in the Criminal Trial. No GSR on LK’s shirt.

20 Likes

Silly you, @Maria, there is no reason for him to include actual facts. He has proven that several times now. He just says whatever sounds good at the time. Darn, like some other people we all know.

Edit to fix bad typing - sill and silly are not the same thing.

18 Likes

He thinks the judge will believe whatever he says apparently.

9 Likes

Maybe Mr. D will reply.

9 Likes

Well, apparently, if what IM posted on CotH is any predictor, JK sent the judge an email about how the Barisone/SGF lawyers are just lying liars. So, it seems to be a theme.

9 Likes

Let’s hope. His responses are always fun to read.

11 Likes

I’m sure he will, a response from Mr. S. would be appreciated as well.

10 Likes

I mean, it’s not a bad argument, when you need to argue something. It just will depend on whose argument has more legal weight behind it.

7 Likes

Eggbutt posted that SW contacted her about the 48 Hours producers, and that she then assisted the producers.
Eggbutt posted that LO would add an update on the Krol hearing to the Gfm page as soon as LO was done chasing horses in the rain. (Eggbutt deleted that one.)
Eggbutt posted that the first call she received after the shooting was to allege someone was ripping the smoke alarms out of the wall.

2 Likes

How does any of that relate to the acts in question in the actual lawsuit? Why would it be relevant?

39 Likes

Ohhhhh Legal Eagles, I need your expertise Pretty Please. Can you explain and is there a “real” basis for Nagle’s argument?

So Nagle is saying the Amended Counter Suit was untimely filed within the 2 year statue of limitations. He is basing his argument that MB knew of the recordings because the prosecution turned everything over to the defense. AND that the Amended Counter Suit is “personal”.

Thus, no matter the source of the applicable statute of limitations, it must be two years. Any argument for a longer 2 The New Jersey Act was modeled after Title III of the Omnibus Crime and Safe Streets Act, 18 U.S.C.A. §§ 2510–2520. State v. Feliciano, 224 N.J. 351, 368 (2016).
MRS-L-002250-19 10/27/2022 2:56:43 PM Pg 5 of 7 Trans ID: LCV202237723126 statute of limitations finds no support in the statute or caselaw.

Pursuant to N.J.S.A. 2A:14-2(a) every action for personal injury must be brought within two years “unless otherwise provided by law”. There is no law providing otherwise, therefore, the claim
must be brough within two years."

4 Likes