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

[cutter99]

@Fat_Dinah and @Fat Dinah, are these both your accounts???

@Moderator_1, are these accounts two different people or one person with multiple accounts???

[eggbutt]

@jvanrens

SW (DH) definitely wasn’t.

LO wasn’t either. Is someone saying SW and/or LO were at HH and involved?

[Jenerationx]

Dear lord… does that mean we won’t have any updates until then?

[jvanrens]

True. I should have commented further, unfortunately my attention span is about 2 seconds long lately.

[cutter99]

@Fat_Dinah

@eggbutt

Wow!! Talk about reaching!! Have I texted LO, SW, or anyone else related to this situation? Because I am friends with someone and have business relationships with anyone does not imply we are bosom buddies like Gertie and Nellie. Grasping at straws is never a good look.

“The problem is the not the problem. The problem is your attitude about the problem.” ~Captain Jack Sparrow.

Speaking of Jack, where is @DreadPirateRoberts?

I was responding to Eggbutts post about her relationships not being close. Have you texted or emailed these people about the shooting et al? I guess a subpoena could find that out.
I notice you don’t deny any of these posts.

Again, more indirect threats!

Is your goal to get the thread shut down or do you just have something stuck in your craw this week?

[Sdel]

@jvanrens

Seriously, so Eggbutt was in contact with some people who might or might not have been involved in the case. SW (DH) definitely wasn’t.

I don’t understand the threatening posts against her, unless it’s the same old, same old

So, I wonder if the dots connect. Apparently SW was the original contact from 48 hours….that got sent over to EB. EB knows several principles in the case through her location connections and dressage. 48 hours has outed nature of the accusations to SS for millions of viewers to see. LK has since decided to start ranting about suing 48 hours for defamation. And now we
Have some random internet commentary about subpoenas for all that.

Maybe the threat is another one of those random posters weirdly predicting the K’s civil court moves and the suit against 48 hours is imminent?

[Maria]

Or maybe they are scared spitless.

[roseymare]

The stuff that happened there was just silly and preventable. Why were bison with emus in the first place?

They were feeding fourth cutting alfalfa to white tail deer. Talk about CA:Ph ratio issues…

[Pocket_Rocket]

It’s kinda cute that you refer to @eggbutt deleting a post… I clearly remember one of yours - in extremely poor taste and just before your expedition - that “pooffed” pretty quickly! My reply to that post referenced train-wreck threads with Gomez Addams at the controls.

Someone upthread mentioned pot-stirring FD, and I think that may be what you’re doing here.

[iberianfan]

In my very limited litigation experience, it is quite common for amended claims to be filed and allowed by the court. New evidence can come up in discovery, for example.

But the risk of an amended complaint gives the defendant another bite of the apple wrt defenses and arguing expiration of the statute of limitations would be valid as that is an affirmative defense.

[ekat]

@iberianfan

In my very limited litigation experience, it is quite common for amended claims to be filed and allowed by the court. New evidence can come up in discovery, for example.

But the risk of an amended complaint gives the defendant another bite of the apple wrt defenses and arguing expiration of the statute of limitations would be valid as that is an affirmative defense.

Oh I agree. Nagel’s got to argue something, and SOL is something. Whether case law in NJ supports him, or Deininger, I do not know.

[CurrentlyHorseless]

@ekat

It’s almost like he and Deininger are arguing two different things.

Deininger is arguing that he’s amending the suit, pursuant to:

based on actual sworn, under oath testimony.

Nagel is arguing SOL almost treating it like an entirely new action.

It will be interesting to see which side Judge S falls on.

But what is the explanation for why the new count in the counter suit was not included in the original pleading 2.5 years ago?

Another amendment to the suit is that “insanity” is added along with battered person syndrome as to why Barisone should not be held responsible.

Apparently Barisone had not settled on the insanity defense as of March 2020 when he filed his original response.

[Knights_Mom]

@Maria

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."

Statute of Limitations runs from when something happens or you should have known happened.

Example: Medical malpractice. Surgery done in 2015. Surgeon leaves a sponge in the body. No one knows. SoL is 3 1/2 years.

In 2020 patient has pain, goes to doc, sponges are discovered. The SofL starts ticking from 2020 when sponges were discovered.

If recent testimony revealed something new, then the clock starts ticking from the date of that revelation.

[eggbutt]

If 48 Hours had been in contact with others (Hayleybot, GJ, so many others) why did they only focus on people directly involved with LK and MB? Sure seems to me that anything 48 Hours was told or discovered outside the direct circle of the criminal trial, they disregarded.

Strange day on the forum for sure.

[MHM]

@eggbutt

Strange day on the forum for sure.

Not the first. Probably not the last.

[Knights_Mom]

You mean it’s not ‘Pretend You’re A Lawyer Day’?

[MHM]

@Knights_Mom

You mean it’s not ‘Pretend You’re A Lawyer Day’?

Wait, isn’t that every day here on the BB?!? For some, anyway.

[Warmblood1]

@Fat_Dinah

@eggbutt

Wow!! Talk about reaching!! Have I texted LO, SW, or anyone else related to this situation? Because I am friends with someone and have business relationships with anyone does not imply we are bosom buddies like Gertie and Nellie. Grasping at straws is never a good look.

“The problem is the not the problem. The problem is your attitude about the problem.” ~Captain Jack Sparrow.

Speaking of Jack, where is @DreadPirateRoberts?

I was responding to Eggbutts post about her relationships not being close. Have you texted or emailed these people about the shooting et al? I guess a subpoena could find that out.
I notice you don’t deny any of these posts.

Are you kidding me? Do you know how many people have discussed this very public case? Between L&C, Fb, YouTube, COTH, it’s been hundreds, potentially thousands of people. 48 Hours was viewed by millions. Conversations are continually had between those involved and those on the side lines. Believing subpoenas would even be warranted is laughable. A common thread amongst LK, KK, JK/IM and the few that defend them is their spite and hatred for few select posters. Im not a big believer in coincidence. Comments like these make you appear to be blinded by spite. They are not flattering your intellect.

[Joanne]

In LK’s civil suit, she is suing for lost income. Have MB’s lawyers appear to have delved into her “income” at all?

[ekat]

@Joanne

In LK’s civil suit, she is suing for lost income. Have MB’s lawyers appear to have delved into her “income” at all?

If we ever get to that deposition…