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

[Paint_Party]

@cheval_convert

…they could be creative and try vodka or tequila. (Would tequila make it a Mexican coquito?)

Wouldn’t that make it a “taquito” ?

[BrownDerby]

No, one eats the taquito while sipping the coquito.

[CurrentlyHorseless]

@Sdel

@hut-ho78

There is not criteria on this site or thread that anyone have a law degree. If there was, no one would be commenting.

Of course not, but if you are going to be snide and imply a practicing lawyer doesn’t understand how a lawsuit works then maybe you should be able to back up your claims with your own credentials.

And before we you go there, JK didn’t practice law…he went into business.

I stated my opinion that there is no chance the judge will issue a summary judgement favoring MB.

Nothing in my statement was snide or implied “that a practicing lawyer doesn’t understand how a lawsuit works”.

@Lazaret made a vague statement about a potential motion for summary judgement. Mr. Silver has already indicated that he will make a motion for summary judgement to get SGF dismissed as a defendant.

Has lazaret contradicted my prediction that there will be no summary judgement favoring MB? Not that I’ve seen. I trust lazaret has an excellent working knowledge of this type of lawsuit. I also think she deliberately refrains from stating obvious points that you in the mob don’t wish to hear — such as the vanishingly low probability that there will be a summary judgement favoring MB.

[cheval_convert]

I believe the spelling would be “tequito”.

[CurrentlyHorseless]

@Ambitious_Kate

@CurrentlyHorseless

I point out that Mr Silver is the attorney for SGF, not for MB. I already stated that it’s conceivable that there would be a summary judgement dismissing SGF from the case. I’m just saying it’s inconceivable that there would be a summary judgement favoring MB

shrug. If LK doesn’t come up with any proof of her claims in discovery, summary judgement will absolutely be possible, nay probable. Remember, she can’t prove it was MB who shot her.

Also, if LK continues to stall the proceedings just by not cooperating, the summary judgementn could be given, if requested, based on the fact that she never came forward with her proof, whatever it is, assuming she has some. If she doesn’t step up to the plate, the summary judgement against her can be made based on that.

SO it doesn’t really matter if she has proof of not, if she doesn’t come forward with any, her suit could be lost through a granted summary judgement. Still early days. She may show up for her deposition yet. Then we’ll see if she has any proof.

And before you say, “B-b-but…the Criminal Trial!” remember, the Criminal trial is not part of this civil suit in any manner. You may think it means something, but it is not part of the matter before the court in the Civil trial.

The prosecutor proved beyond a reasonable doubt that he shot her in the criminal trial. Using all the same evidence, LK only needs to prove by a preponderance of the evidence that he shot her.

While the findings in the criminal trial may not impact the civil case directly, the outcome of the criminal trial is predictive of the outcome of the civil trial on the issue of whether her shot her.

[KurPlexed]

Not a fan of egg nog but hot buttered rum at Christmas is a perfect drink for the cold weather.

Buttered Rum AKA Hot Toddy

[Sdel]

@CurrentlyHorseless

While the findings in the criminal trial may not impact the civil case directly, the outcome of the criminal trial is predictive of the outcome of the civil trial on the issue of whether her shot her.

There will be more evidence made available for the civil trial. I am anticipating that there will be evidence that directly confirms LK had the ability to access the safe in the office and maybe had some plan to attain the gun or reported the gun in some way to the authorities……

[CurrentlyHorseless]

@ekat

@erinmeri

Can someone remind me of the timeline for this civil suit? When is discovery slated to end? When do depositions begin? If the trial moves forward, when is it due to start?

Paper discovery was supposed to be complete August 1st. However, Jonathan and Kirby Kanarek chose not to comply with subpoenas.

Depositions were supposed to be completed by November 30th. Lauren Kanarek’s (the plaintiff) was scheduled for October 10th. However, she did not comply.

At the rate the plaintiff and her witnesses are complying with discovery in the case LK brought, it’s going to be a long, long time before a trial date is set, if ever.

Depositions were supposed to be completed by Nov 30? Is that just the depositions of the plaintiff and her witnesses?

Is MB available to be deposed, given his psychiatric commitment? At what point will MB be available to be deposed? LK and RG had to testify under cross examination at the trial, so there is a record of their testimony on many issues. However, MB has so far provided no statements under oath. It would seem getting a deposition from MB is crucial.

Isn’t MBs availability for deposition the consideration that will determine when this case can go to trial?

[trubandloki]

@CurrentlyHorseless, it has been discussed here several times. The way the case works, the case that Lauren filed, is that the defense gets to depose and subpoena evidence first.

Michael being available does not matter until after Lauren makes herself available, in the case she filed.

[BrownDerby]

Okay, now I have Funky Cold Medina running through my head.

[CurrentlyHorseless]

@trubandloki

@CurrentlyHorseless, it has been discussed here several times. The way the case works, the case that Lauren filed, is that the defense gets to depose and subpoena evidence first.

Michael being available does not matter until after Lauren makes herself available, in the case she filed.

Well, that’s my point.

Whether the deposition of LK and the subpoenas of her witnesses are completed in August 2022 or January 2023, how is that effectively holding up the start of the trial if MB cannot be deposed until March 2023 or later?

Is MB not able to be deposed for as long as he is still considered delusional?

[3PonyFarm]

And now I do too!

[trubandloki]

Ignoring a subpoena is holding things up. Period. It does not matter what the time line could be in your imagination. Ignoring a subpoena is holding things up. A lawyer ignoring a subpoena makes the lawyer look like a …well… no words I am allowed to post here. Let’s just go with with a very poor example of a lawyer, let alone how bad of an example of someone on their side of a civil case that they filed.

If Lauren’s case is a slam dunk she should want to move forward, not delay.

[ekat]

@CurrentlyHorseless

Depositions were supposed to be completed by Nov 30? Is that just the depositions of the plaintiff and her witnesses?

Yes.

Stay Lifted.pdf (567.5 KB)

@CurrentlyHorseless

Is MB available to be deposed, given his psychiatric commitment? At what point will MB be available to be deposed? LK and RG had to testify under cross examination at the trial, so there is a record of their testimony on many issues. However, MB has so far provided no statements under oath. It would seem getting a deposition from MB is crucial.

He could be deposed, sure. But LK, the plaintiff, who started this suit, goes first. Her testimony in the criminal trial is only relevant to impeach her. It does nothing to lay out her claims in this suit, and cannot be used as such.

Since she hasn’t bothered to cooperate with discovery yet, and establish her claims, the defendants don’t have to proceed.

@CurrentlyHorseless

Isn’t MBs availability for deposition the consideration that will determine when this case can go to trial?

Not until the plaintiff decides she really wants to pursue her claims and starts providing discovery.

[MHM]

I wonder if 48 Hours will be interested in doing a follow up on the eventual resolution of the civil case.

It seems like the episode got lots of attention. Do they ever circle back to do updates?

[CurrentlyHorseless]

@trubandloki

Ignoring a subpoena is holding things up. Period. It does not matter what the time line could be in your imagination. Ignoring a subpoena is holding things up. A lawyer ignoring a subpoena makes the lawyer look like a …well… no words I am allowed to post here. Let’s just go with with a very poor example of a lawyer, let alone how bad of an example of someone on their side of a civil case that they filed.

If Lauren’s case is a slam dunk she should want to move forward, not delay.

Then answer my question as to whether MB would or would not be available to be deposed within, say, two weeks of LK and her witnesses completing their depositions and subpoenas.

The Kanareks did not respond to their subpoenas in a timely manner, but have responded at this point with motions to quash. The delay at this point is with the judge. LK did not refuse to appear for deposition, she requested the deposition be conducted remotely. The delay at this point is with the judge.

[CindyB59]

Oh for Jesus Christ on a crutches sake……STAAAHHHHPPPP

The scenarios have been spelled out over and over and over again for 3.5 flipping years. There is ZERO need to do so again. Whether or not any 1 or 2 particular people BELIEVE it’s plausible, makes not a hill of beans of difference.

The only reason self defense was not allowed is because MB has no memory. Period. Which means we only have half the story. The jury decided based on half the story. And it’s not beyond a reasonable doubt that he shot her. It’s not beyond a reasonable doubt she was shot in a scuffle. But we’ll never truly know

**ETA….had the police department did a thorough job of forensics, we’d be closer to the truth. Good, bad or indifferent.

And what LK said during the trial needs to be taken with a salt block

[Sdel]

@CurrentlyHorseless

@trubandloki

Ignoring a subpoena is holding things up. Period. It does not matter what the time line could be in your imagination. Ignoring a subpoena is holding things up. A lawyer ignoring a subpoena makes the lawyer look like a …well… no words I am allowed to post here. Let’s just go with with a very poor example of a lawyer, let alone how bad of an example of someone on their side of a civil case that they filed.

If Lauren’s case is a slam dunk she should want to move forward, not delay.

Then answer my question as to whether MB would or would not be available to be deposed within, say, two weeks of LK and her witnesses completing their depositions and subpoenas.

How on earth would anyone participating in these threads even be able to make such a claim? None of us are directly connected to Michael, his medical team, or his legal team. Is there some reason why you think @trubandloki, or anyone else on this thread, could provide you with this?

[ekat]

@CurrentlyHorseless

Then answer my question as to whether MB would or would not be available to be deposed within, say, two weeks of LK and her witnesses completing their depositions and subpoenas.

You’re making up a timeline for what purpose?

If Lauren Kanarek ever bothers to proceed with her case and provide discovery, her attorneys can then request a deposition of any and all defendants. It may take some logistics to do a deposition with MB, but his side has shown no indication they won’t comply with discovery yet, and there is no reason, other than logistics, that he wouldn’t be available. Logistics can be resolved.

@CurrentlyHorseless

The Kanareks did not respond to their subpoenas in a timely manner, but have responded at this point with motions to quash. The delay at this point is with the judge. LK did not refuse to appear for deposition, she requested the deposition be conducted remotely. The delay at this point is with the judge.

This is false. Other than an unethical ex parte letter to the judge, Jonathan and Kirby Kanarek, as of today, still have not responded to the subpoenas.

Also, Lauren Kanarek did not respond to written discovery requests and was asked again to make documents available for the deposition that has not happened.

[trubandloki]

@CurrentlyHorseless

@trubandloki

Ignoring a subpoena is holding things up. Period. It does not matter what the time line could be in your imagination. Ignoring a subpoena is holding things up. A lawyer ignoring a subpoena makes the lawyer look like a …well… no words I am allowed to post here. Let’s just go with with a very poor example of a lawyer, let alone how bad of an example of someone on their side of a civil case that they filed.

If Lauren’s case is a slam dunk she should want to move forward, not delay.

Then answer my question as to whether MB would or would not be available to be deposed within, say, two weeks of LK and her witnesses completing their depositions and subpoenas.

The Kanareks did not respond to their subpoenas in a timely manner, but have responded at this point with motions to quash. The delay at this point is with the judge. LK did not refuse to appear for deposition, she requested the deposition be conducted remotely. The delay at this point is with the judge.

Why are you asking ME if and when Michael will be available?

The Kanarek’s have not filed a motion to quash. The lawyer who represents Lauren, who specifically does not represent Jonathan Kanarek (@Inigo-montoya) and Kirby Kanarek (@Seeker1) filed something to quash, AFTER the deadline. A motion to quash needs to happen prior to the deadline.

The delay is the Kanarek family refusing to cooperate in the case they filed.