Thank you for asking @DownYonder! I was wondering what it meant too.
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Adjourned, the way they are using it here means postponed.
After the motions re: Jonathan and Kirby were filed, Bruce requested adjournment until the 23rd.
CivilCaseJacket.pdf (131.5 KB)
There was no opposition to his request, so it was granted. Then, in the intervening time he filed that very bizarre motion to Quash, which led to the responses by Mr Deininger and Mr Silver, which leads us to now.
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It could mean a number of things. It could be that the judge made a ruling on the motions but isn’t using the forms offered by the parties and is drafting it so it hasn’t been filed yet, or that there was a delay getting to their case on the trailing docket, or the judge sent them off to negotiate or give JK a chance to officially lawyer up.
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My bet is the judge sent them off to negotiate and get JK an attorney. Professional courtesy. Lets give my golfing buddy a chance to get an attorney so his motions and issues are well represented. Nobody’s gonna arrest Mr. Kanarek, now, boys, lets see if we can’t settle this all legally.
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But it comes across to me that Silver, Deininger, et al are playing really really hard ball and aren’t going to let a flea get past them on these issues. Now here’s a game of chess, where really smart attorneys look at every single jot and tittle to see how they can maneuver around. And when presented, sit back, chew on a hang nail, and let the other side move into a compromising position all on their own. “Oh look. They missed the deadline.” Timer timed out. Lost a turn. “Oh. Gee. That’s not worded very well. I wonder if that will bother the Judge.” Took a pawn. “How odd. They didn’t back up their argument with any facts. We have some facts, don’t we? We can give the judge some facts.” Rook and horse lined up against their queen. “Well, maybe some oral arguments would sort this out. I mean, we can only ask.” Moved that pawn to the far side of the board.
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I 
this!!!
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This cannot be liked enough!
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Sometimes the best thing you can do is sit back and let the other side trip over their own feet.
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Exackatikally
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Maybe the judge is waiting for the hearing on 10/4 to decide anything. It seems that would just delay whatever is supposed to happen on that date if that was the case.
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And the judge, if he is giving some time for JK to lawyer up, is also avoiding issuesfarther down the road. Pro se folks do get a bit of leeway,and it’s much easier to deal with attorneys rather than pro se litigants.
The problem for the K clan is that LK already has Nagel, the others may have trouble finding another such attorney to represent them.
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We can only hope there aren’t that many Nagel types out there.
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Are the pro se litigants given as much leeway if they are a lawyer?
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Probably not, but does the judge know JK is a licensed atty? The more time it takes with faffing around the less pleased the judge will be with the faffers,especially if they aren’t making cogent arguments.
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As has been raised numerous times, including by JK posting under the name IM: JK has a law school degree, but he does not have specialization or experience in either criminal trials or civil law suits and ambulance chasing.
Lawyers are very specialized these days, and if they need personal advice or representation outside their area of specialization, they generally hire a lawyer like the rest of us.
A retired corporate attorney with no law office staff is not going to be his own best defense compared to a civil suit law office with clerks and researchers etc.
Is there a reason JK could not simply be represented by Nagel? If the interests of LK JK and KK are considered identical then Nagel could represent all 3. But they might have to pay him. On the other hand, if there’s any suspicion that the interests of the parents might diverge from those of the daughter, then Nagel should not represent them. For instance, if the parents are refusing to answer subpoenas because they are afraid of the results, but this refusal is jeopardizing their daughters case, then they need their own lawyer to handle that.
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Nagel could represent all three, but it could get hard, if his client jk doesn’t want to turn over evidence and that would hurt client lk, which client wins? The losing client can suddenly sue him for malpractice for not advocating for their position.
Nagel may be perfectly comfortable doing that, but I wouldn’t.
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Bruce, in his (late) motion to quash Jonathan’s (not his client’s) subpoena, made sure to advise that Jonathan is an attorney and the conversations SGF requested are protected by attorney-client privilege.
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I also wondered if he was just going to wait till that 10/4 status conference, but that’s cutting it super close to the proposed date for Lauren’s deposition.
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This. This this this.
If JK and KK are still trying to get away without hiring their own attorney to specifically represent their interests…
Epic miscalculation.
My best guess is that they are still trying to delay the inevitable. Maybe if they are held in contempt, or if they have to sit for depositions, they will wise up and hire there own representatives, post haste.
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