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

[lazaret]

well, mostly. If your individual negligence caused the issue in dispute, or you and the corporation are effectively one and the same, it’s possible to pierce the corporate veil. But just as you see here that the SGF owners themselves are not named in the lawsuit, Silver’s client is “Sweet Grass Farms” the business entity and not “Sweet Grass Farms” as a grouping of people.

We saw this in the Caroline Roffmann case, where Alice Tarjan argued that Lionshare Dressage was solely made up of Caroline Roffman and therefore for all intents and purposes was not severable from Caroline Roffmann, the person.

[SpicyPRE]

@LexInVA

I have a feeling there are reasons for this, the most obvious of which is the depletion of Michael Barisone’s financial resources, which would cause his legal defense to collapse, but also to get to a point where it becomes too costly for the other players to continue with the game, driving them to payoff The Circle of Kanarek or go to the negotiation table for a settlement

Would a judge allow this?

[ekat]

UPDATE - New Filing of minor interest:

Mr Deininger filed a notice of an exhibit he intends to use tomorrow.

MB Notice of exhibit 110322.pdf (1.2 MB)

[jvanrens]

@Joanne

How thick was that stack of papers the PI gave MB? and didn’t the PI ask if MB wanted more? Bet there’s lots of stuff in there that hasn’t been made public.

I can’t remember how many pages, but I believe that he’d only received a preliminary report, no deep diving had been done, just a start of an investigation.

[Angela_Freda]

Agree. The PI only had a very cursory look I to these people, which was enough to suggest severing the relationship but doing so carefully, even though it was very brief and not in depth.
Think about that…

The 700 pages was the material gathered by MB, MHG, maybe the PI and others which was sent to used/SS I believe.

[cutter99]

.[quote=“jvanrens, post:5647, topic:777616, full:true”]

@Joanne

How thick was that stack of papers the PI gave MB? and didn’t the PI ask if MB wanted more? Bet there’s lots of stuff in there that hasn’t been made public.

I can’t remember how many pages, but I believe that he’d only received a preliminary report, no deep diving had been done, just a start of an investigation.
[/quote]

And what was contained in the initial report was enough to petrify MB and throw him over the edge.

Can you imagine what a deep dive into LK and her ilk might reveal???

[Ambitious_Kate]

@McGurk

still don’t understand why the suit was brought, but I suspect it was a tactic having to do with discovery for either the civil or criminal trial.

I have no doubt that was exactly what it was.

[MHM]

@jvanrens

@Joanne

How thick was that stack of papers the PI gave MB? and didn’t the PI ask if MB wanted more? Bet there’s lots of stuff in there that hasn’t been made public.

I can’t remember how many pages, but I believe that he’d only received a preliminary report, no deep diving had been done, just a start of an investigation.

Yes, and even the bare minimum of information was enough to make any reasonable person start looking hard for an immediate exit ramp from that interaction.

[Ambitious_Kate]

@Angela_Freda

Hmmm…
But hasn’t it been proven that in fact he was, as he was mentally abused by these people and then rendered delusional because of their behavior. So his past mental health was a “disability”, making him part of a protected class???
So …
Certainly at the time, and since the police put zero effort into investigation, they couldn’t know how it was effecting his mental state. How fragile he was …
Which was something he suffered and worked to improve since forever…

But they didn’t even seem to even try to understand his complaints such that they may have determined that his distress and the harassment was creating a potentially much bigger problem for a person with a history.

Even if the end result was simply that during an assault at the hands of these people he mentally broke and now can’t defend himself with his side of what happened.

Bravo! Well argued! Well said!

[Ambitious_Kate]

@McGurk

gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity.

If you want to go with “disability”, as in mental illness, then you have to prove that the discrimination was BECAUSE of his membership in the protected class.

In other words, the botched investigation wasn’t mere police incompetence, and it wasn’t because they believed the little blond lady over the strapping tall man. You’d have to prove that the police discriminated against him (failed to investigate) because of the mental illness.

It’s a very high bar.

Brava! Well argued! Well said!

I know. I know. It’s why I’m not a lawyer.

[BlueDrifter]

Thanks! And darn if the bookmark doesn’t give me errors when I try to bookmark the post…

[I_dratherbe]

@jvanrens

I can’t remember how many pages, but I believe that he’d only received a preliminary report, no deep diving had been done, just a start of an investigation.

I suspect that what the PI gave MB was an Accurint report pulled from LexisNexis. They can be hundreds of pages long but a lot of the information on them is duplicative. The reports will list all sorts of info that can be pulled from public data bases, including criminal records, any lawsuits, garnishments, etc., employment history, places lived, etc.

[Sdel]

@ekat

UPDATE - New Filing of minor interest:

Mr Deininger filed a notice of an exhibit he intends to use tomorrow.

MB Notice of exhibit 110322.pdf (1.2 MB)

She basically denied everything. Hmmm…

[Ambitious_Kate]

@ekat

Deininger filed a notice of an exhibit he intends to use tomorrow.

Wow. That is a powerful revelation. Most of those claims by the plaintiff are entirely moot now. That is quite some preview to what he’s going to be arguing tomortow. This is Deininger. The Head of Counterclaim Barisone. Not Silver. Wow.

My bet is he’s going to argue the case against barisone be dismissed.

The only thing Nagel could do would be to amend his claim. Oops.

[Sdel]

@Ambitious_Kate

My bet is he’s going to argue the case against barisone be dismissed.

This is for the contempt against KK. I suspect he’ll make some version of the argument: Lying then or lying now?

What a pickle…

[jvanrens]

@Angela_Freda

So she wants to be a victim, permanently harmed, but also the heroin who overcomes…

Oh dear, I think you’re missing an “e” there.

[Ambitious_Kate]

@Sdel

@Ambitious_Kate

My bet is he’s going to argue the case against barisone be dismissed.

This is for the contempt against KK. I suspect he’ll make some version of the argument: Lying then or lying now?

Some version. Among others. Those are all Nagles responses to defendents claims, based on his claim. He gave his defense against that, egr, defense. Non of it has any. Effing. Merit. Hanging in the wind. Nagel should have amended his case against Barisone as soon as the criminal verdict came out. If he was any kind of a thinking man. His whole case is moot. He has nothing. Just whining and complaining.

Heck, he doesn’t even have any [edit] tapes, for Christ’s sake.

[Sdel]

@Ambitious_Kate

Nagel should have amended his case against Barisone as soon as the criminal verdict came out. If he was any kind of a thinking man. His whole case is moot. He has nothing. Just whining and complaining.

Nagel knew this case was toast the moment the verdict was read. I dare say the K’s knew this case was likely toast when Michael refused the plea deal.

Nagel can’t amend the claims/counter claims. The only way to do so is to acknowledge the actions of LK, and in doing so concede some responsibility for what happened.

[Ambitious_Kate]

@Sdel

This is for the contempt against KK. I suspect he’ll make some version of the argument: Lying then or lying now?

Why bring in the plaintiffs response to the defendents cross claim? The whole defense? Un less your going to use to justify an argument? My guess this will be the crix of an argument to dismiss. Maybe im jumping g ahead. There’s no Kirby Kanarek in those Nagel responses.

[Ambitious_Kate]

There will be a whole slew of motions coming tomorrow. This is the first argument hearing. Deininger is going to make LK go away. Or try. I wonder what silver will present. Nagel will have his hands full!