MB Civil Trial: JK/KK Contempt of Court?

[eggbutt]

@CurrentlyHorseless

@eggbutt

Well, we now can assume they will never settle or back down. They have thrown their gambit.

Really? How so? If they don’t get a summary judgement excluding them as a defendant, how do you know plan B is going to trial?

Apparently you haven’t read the SGF filing very closely. They will demand a trial unless Lauren comes to her senses and withdraws.

[StB.YM]

@CurrentlyHorseless

@eggbutt

Well, we now can assume they will never settle or back down. They have thrown their gambit.

Really? How so? If they don’t get a summary judgement excluding them as a defendant, how do you know plan B is going to trial?

Eggbutt says she assumes, not that she knows. Many of us are Assuming this doesn’t settle because of the language used in Mark Silver’s filings.

[CurrentlyHorseless]

@StB.YM

Yeah, I don’t think they’re settling.

If you’re asking for a summary judgement, isn’t that what you say? Her claims are mere frivolousness?

[eggbutt]

And because of the language in the SGF filing. They seem to be exasperated with LK’s games/threats/and time wasting tactics.

[erinmeri]

@CurrentlyHorseless

I don’t believe you that the defendant choosing to testify “shifts the burden of proof”.

This criminal defense attorney would seem to agree with my assertion:

Why Defendants Rarely Testify - Above the Law

Same with this one:
https://www.justcriminallaw.com/criminal-charges-questions/2017/01/27/should-criminal-defendant-testify/

It doesn’t matter what the law states, it’s what the jury tends to do - and consensus seems to be that the jury will tend to shift the burden of proof to the defendant if they testify.

Believe what you want. I’m off to the barn.

[trubandloki]

@ekat

That one is good, indeed. If I had to pick a favorite, I’m going with this:

I have to agree, the line about “I do not want to” is not a legal basis is totally amazing!

Truly there is so much good in that motion that it is hard to pick a favorite!

[StB.YM]

@CurrentlyHorseless

@StB.YM

Yeah, I don’t think they’re settling.

If you’re asking for a summary judgement, isn’t that what you say? Her claims are mere frivolousness?

Perhaps @ekat can correct me, but this reads to me that Mark Silver is asking for summary judgement Against LK - such as, for example, the case against SGF gets dismissed and attorney fees are granted/not granted to SGF.

[FitzE]

[Not only has Kanarek failed to provide compelling evidence - she has failed to provide any evidence. Conspicuous by its absence are any “facts” whatsoever.]

Zing! This is what legal professionals here are talking about when we say, what the hell was the Nagel document? It was as though it were written by 1st year law students who hadn’t done any trial training at all yet. Just like what someone who watches legal dramas thinks is a robust legal argument b/c it was highly emotional (which is the opposite of competent, non-TV legal practice).

[Contrary to the claims in Kanarek’s brief, none of the facts in this case are “undisputed” and Plaintiff has the burden of proving her entire case at trial. ]

Several posters have been “unclear” on this point. Hoping we can rest that particular talking point now.

[The majority of Kanarek’s opposition brief is focused on Barisone and his actions, but the deposition notice at issue was issued by SGF.]

aka: ol’ Bruce failed to even grok onto the content and position of the original filing. His error and typo-filled, fact-free mantrum’s rambling argument wasn’t even responsive to the original. Man, I don’t say this lightly from a professional POV, but Nagel has been absolutely and utterly humiliated on a professional level by the contrast between his own ability to draft a legal document and craft a legal argument, and the abilities of both SGF and Barisone counsel. Honestly, professionally speaking, this is brutal to read. Brutal.

[As to Plaintiff’s “backup position” and her request that an in-person deposition take place in Plaintiff’s counsel’s offices, SGF opposes that request. SGF might have been amenable to such a request before Plaintiff made SGF expend resources on this motion.]

This is also brutal. It shows one MORE example of Nagel making a major tactical error that has materially hurt his client’s position. Basically, what they say above boils down to: Kanarek through Nagel ed around and found out. They burned goodwill with SGF that could have gotten the something they wanted that is now off the table. By being obstructionist and by Nagel being unnecessarily insulting to SGF counsel in his hot mess of a filing, he lost his client the chance to get something they want. Unforced error, Nagel. Really, spectacularly badly done.

Show boating and getting all emotional and uppity, insulting opposing counsel, failing to provide ‘any’ evidence whatsoever to support your position, filing a document filled with typos, grammatical errors, and other sloppy work product (why? can’t be bothered to even proof your day late/dollar short effort for you client?) is the very opposite of what good legal counsel should do for their client. This is clear proof that Nagel’s schtick so far has not only NOT helped his client, it has put her in a worse position vis-a-vis SGF and lost her their goodwill on at least one point.

Wow, is really all I can say. Just, wow.

Oh, and not a single typo.

[CurrentlyHorseless]

@eggbutt

@CurrentlyHorseless

@eggbutt

Well, we now can assume they will never settle or back down. They have thrown their gambit.

Really? How so? If they don’t get a summary judgement excluding them as a defendant, how do you know plan B is going to trial?

Apparently you haven’t read the SGF filing very closely. They will demand a trial unless Lauren comes to her senses and withdraws.

Big deal.

LK has demanded a trial with them as defendant by filing the suit and they’re obliged to defend unless either “Lauren comes to her senses and withdraws” or they get a summary judgement from the court.

[ekat]

@StB.YM

Perhaps @ekat can correct me, but this reads to me that Mark Silver is asking for summary judgement Against LK - such as, for example, the case against SGF gets dismissed and attorney fees are granted/not granted to SGF.

Correct. Because, as is typical, even mediation already failed. In other words, a settlement was proposed and failed. We don’t know which side proposed what, but it failed. So it’s unlikely either side is going to try to settle again.

[StB.YM]

@CurrentlyHorseless

Big deal.

LK has demanded a trial with them as defendant by filing the suit and they’re obliged to defend unless either “Lauren comes to her senses and withdraws” or they get a summary judgement from the court.

Then perhaps, if LK wants a trial, she can comply with the deposition requests. So that the trial can move forward. Just saying.

[BatCoach]

SGF is seeking to treat Plaintiff like every other Plaintiff who files a lawsuit. By refusing
to appear for an in-person deposition, Kanarek is seeking special treatment. Kanarek is not
above the law, and she does not get to re-write the New Jersey Rules of Court for her own
convenience. If she does not want to appear for deposition, then she should dismiss her lawsuit

This paragraph was my personal favorite.

[Virginia_Horse_Mom]

Thanks for the explanation of the dynamics playing out between the lawyers right now, as indicated in their respective filings.

I’m still thinking about the 38,000 additional social media posts SGFs attorneys just got. If they were this annoyed and assertive before seeing all of that additional BS… I’d imagine they will only be MORE annoyed after reading through it.

[eggbutt]

@FitzE

[Not only has Kanarek failed to provide compelling evidence - she has failed to provide any evidence. Conspicuous by its absence are any “facts” whatsoever.]

Zing! This is what legal professionals here are talking about when we say, what the hell was the Nagel document? It was as though it were written by 1st year law students who hadn’t done any trial training at all yet. Just like what someone who watches legal dramas thinks is a robust legal argument b/c it was highly emotional (which is the opposite of competent, non-TV legal practice).

[Contrary to the claims in Kanarek’s brief, none of the facts in this case are “undisputed” and Plaintiff has the burden of proving her entire case at trial. ]

Several posters have been “unclear” on this point. Hoping we can rest that particular talking point now.

[The majority of Kanarek’s opposition brief is focused on Barisone and his actions, but the deposition notice at issue was issued by SGF.]

aka: ol’ Bruce failed to even grok onto the content and position of the original filing. His error and typo-filled, fact-free mantrum’s rambling argument wasn’t even responsive to the original. Man, I don’t say this lightly from a professional POV, but Nagel has been absolutely and utterly humiliated on a professional level by the contrast between his own ability to draft a legal document and craft a legal argument, and the abilities of both SGF and Barisone counsel. Honestly, professionally speaking, this is brutal to read. Brutal.

[As to Plaintiff’s “backup position” and her request that an in-person deposition take place in Plaintiff’s counsel’s offices, SGF opposes that request. SGF might have been amenable to such a request before Plaintiff made SGF expend resources on this motion.]

This is also brutal. It shows one MORE example of Nagel making a major tactical error that has materially hurt his client’s position. Basically, what they say above boils down to: Kanarek through Nagel ed around and found out. They burned goodwill with SGF that could have gotten the something they wanted that is now off the table. By being obstructionist and by Nagel being unnecessarily insulting to SGF counsel in his hot mess of a filing, he lost his client the chance to get something they want. Unforced error, Nagel. Really, spectacularly badly done.

Show boating and getting all emotional and uppity, insulting opposing counsel, failing to provide ‘any’ evidence whatsoever to support your position, filing a document filled with typos, grammatical errors, and other sloppy work product (why? can’t be bothered to even proof your day late/dollar short effort for you client?) is the very opposite of what good legal counsel should do for their client. This is clear proof that Nagel’s schtick so far has not only NOT helped his client, it has put her in a worse position vis-a-vis SGF and lost her their goodwill on at least one point.

Wow, is really all I can say. Just, wow.

Oh, and not a single typo.

Beautifully, perfectly, gorgeously explained! Thank you!! Hot mess indeed!

[ekat]

I do not have appropriate words for how much I appreciate this breakdown. Well done!

[CurrentlyHorseless]

@ekat

@StB.YM

Perhaps @ekat can correct me, but this reads to me that Mark Silver is asking for summary judgement Against LK - such as, for example, the case against SGF gets dismissed and attorney fees are granted/not granted to SGF.

Correct. Because, as is typical, even mediation already failed. In other words, a settlement was proposed and failed. We don’t know which side proposed what, but it failed. So it’s unlikely either side is going to try to settle again.

Bolding mine.

Oh, so SGF attempted to settle? Interesting.

[eggbutt]

Goodness, I am completely shocked, SHOCKED I say, at your failure to comprehend how Lauren’s legal team was just stomped into their waiting room carpet.

[StB.YM]

@CurrentlyHorseless

Oh, so SGF attempted to settle? Interesting.

That is not what @ekat said.

[Angela_Freda]

This failed mediation attempt, are the details of that admissible in the civil suit?

[ekat]

@StB.YM

That is not what @ekat said.

Thank you.