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

[CanteringCarrot]

If the recordings and transcripts exist, it’s not a good look. If the recordings and transcripts don’t exist, it’s not a good look.

If they don’t exist but LK & Co. Have been yammering on about them for ages, they just look like idiots that are full of lies.

If they do exist but don’t say what LK & Co. have implied, then they look like idiots that are full of lies.

If they do exist and say exactly what LK & Co. say that they do, then there will be pigs flying past my house when I look out the window.

[Sdel]

@CanteringCarrot

If they do exist but don’t say what LK & Co. have implied, then they look like idiots that are full of lies.

Worse than that, because then they would have been peddling lies to to purposefully harm someone.

[CanteringCarrot]

@Sdel

@CanteringCarrot

If they do exist but don’t say what LK & Co. have implied, then they look like idiots that are full of lies.

Worse than that, because then they would have been peddling lies to to purposefully harm someone.

But they would never!

/s

[eggbutt]

Good question but I suspect they know others exist or they wouldn’t have obtained a subpoena without probable cause. At the very least there is an expectation that Kirby Kanarek produce the transcript she said she made along with the recording(s) she used for the transcription. If she was lying and there is nothing, why post that she had made the transcriptions and why ignore the subpoenas?? Who does that?

Many wonder if the recording(s) Shelley A Lilly and LK bantered about on FB, are still in her possession and what is on those recordings?

There are still questions about video recordings as well. Oh, so many questions still linger - if only the MCPO had done even a mediocre job of evidence collection!

[Angela_Freda]

@CanteringCarrot

If they do exist and say exactly what LK & Co. say that they do, then there will be pigs flying past my house when I look out the window

And they would have been used in the trial, and discussed on 48Hours, and shared far and wide everywhere else by now.

[StB.YM]

New filing up from MCPO.

5 day order Schell 110722.pdf (147.8 KB)

[DownYonder]

My guess (as I mentioned earlier) is that the transcripts are not true and accurate depictions of the actual recordings. IOW, they (the transcripts) have been altered to delete or minimize info that casts LK in a negative light, and to amplify/embellish/falsify other info that makes MB look bad to SS and USEF and LE.

It’s possible that pigs may fly past my house too but I think I have better chances of winning the lottery than being wrong about this.

[StB.YM]

It reads like the phones themselves aren’t getting handed over (or full copies of the phones), but all call logs, texts, and social media may be handed over. The motion is similar to MCPO prior motions, where they ask the court to order the handing over of material.

[MHM]

@DownYonder

It’s possible that pigs may fly past my house too but I think I have better chances of winning the lottery than being wrong about this.

Excellent conflation of recent topics on the thread.

[Jealoushe]

ok thank you I read that but I forgot the details I guess!

[Jealoushe]

So how would they go about figuring out if they were legit or not?

[Sdel]

@Jealoushe

So how would they go about figuring out if they were legit or not?

Compare/Contrast. They have recordings/transcripts from MCPO and it seems they have transcripts from SS as well.

[SpicyPRE]

There is also a way to figure out if the recording was altered - technical forensics (?).

[endlessclimb]

I think they’re frantically trying to figure out how to alter this stuff before they turn it over - else why the delay? JMO.

[lazaret]

I personally think they were hoping that their blue chip global attorneys would make it go away. However avoiding discovery in a suit you brought is a very difficult thing to do. And you can’t just say “not my lawsuit I’m not participating” like mom & dad have so far.

[SpicyPRE]

Will a judge allow the avoidance to continue indefinitely? Or is that when defendants’ attorneys ask for summary judgement?

[lazaret]

Well, the judge can’t grant summary judgement without a motion for it. More likely would be a motion to dismiss and if the judge finds the argument credible that you deliberately did not intend to continue with your suit or deliberately obfuscated the legal process, it can be dismissed with prejudice, meaning you cannot bring the same claim again.

[DownYonder]

@lazaret

Well, the judge can’t grant summary judgement without a motion for it. More likely would be a motion to dismiss and if the judge finds the argument credible that you deliberately did not intend to continue with your suit or deliberately obfuscated the legal process, it can be dismissed with prejudice, meaning you cannot bring the same claim again.

If LK’s suit gets dismissed, MB’s countersuit can still continue - yes?

Although I doubt he will get anything out of it other than vindication since LK has no assets in her name. I hope and pray though that he does not agree to a gag order - that story needs to come out so the world will know what kind of people make up the K-Klan.

[Sdel]

@lazaret

it can be dismissed with prejudice, meaning you cannot bring the same claim again.

Would a judge also issue a gag order so that the offending party can not continue to make unsubstantiated claims outside of court?

[lazaret]

That is correct. The counter and crossclaims can survive a dismissal, but they will become their own claims.

Gag orders apply only to proceedings in process in order to protect the legal process and avoid tainting potential jurors.

You’re discussing a nondisclosure agreement, which is generally only a term of a settlement. If you win a lawsuit, then any NDA you have with the opposing party is of your own volition and not a term of the court. He may, however, want one if his counsel advises him that having one may protect his Krol process, as does maintaining any separation orders.