Lo, the dreaded ban hammer. I think the mods here do a good job of knowing when to mete that out. I’ve seen people get the ban hammer for no good reason on other boards.
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Which it has. Why does it matter to you what I think about it?
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In GAS’s latest motion he lists the deposition date as 4/13/23. I thought the judge said it had to be done by 3/30/23.
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The Kanarek family is special, rules do not apply to them.
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I thought it was odd because I didn’t remember seeing an explanation such as it was the earliest that everyone was available or something like that.
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I just have to say, I think comparing responding to the two posters and their K ilk to getting put of the car and petting the grizzlies feeding on salmon or the bison at the park is a perfect warning!
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This post is a new low. I can not adequately express my disdain.
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Yes, @PDDT, I’m looking at YOU! Didn’t we Just say, stay in the car! And don’t pet the bears! You can look, but don’t touch!!!
[Edit]
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Well, my post was actually in response to the little girl (and those around her) thinking that it was okay to “interact” with the sea lion.
But the other stuff seems right on, too.
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Yes, we discussed that earlier. And @Virginia_Horse_Mom postulated that the various attorneys had scheduling conflicts so agreed on 4/13 but that new delay hasn’t been addressed yet in a court filing.
I also wonder if the 4/13 date may be because of logistics involving the deposition site and personnel (venue, certified videographer, court reporter, etc.).
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GAS: ok, let’s schedule the deposition. This judge is reaching the end of his longe line.
LK: Alright, I have some time end of April.
GAS: Judges deadli e is March 30, LK.
LK: Well ok. April 13 it is, then.
GAS: Sounds good, I’ll pencil you in.
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Because the whole having to be deposed thing is all new to them and there was no way to possibly get those logistics worked out with a date that met the deadline that her lawyer picked … /sarcasm
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Does anyone remember if the guy who jumped in after her was a relative? I sort of think I remember reading it was her grandfather or something when that video first came out, but I’m not sure if that was right.
Very quick reaction on his part, anyway.
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So, if the judge schedules the motion way after the “deposition date”, like he did with the contempt motions, is that him sending the message, “I don’t care, get it done, and stop bothering me….”?
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It sure sounds like they better be done by then
Does anyone think that GAS’s motion with 200 pages of criminal testimony is going to mightily piss off the judge? If I was the judge I’d be pissed. Asking him to bar discovery is pretty ballsy?
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The cost of MB’s legal representation has to be astronomical by now. If you can spare even $10, please contribute to the gofundme.
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I have not seen any explanation yet, but I would imagine it’s the result of a scheduling challenge involving various attorneys and the K’s, and probably everyone agreed on it.
I could be wrong… but that’s my best guess.
With that said… I think additional delay attempts by the K’s? They will not go over well. It’s impossible not to see that GAS’s proposal to potentially split the deposition into two phases, so that they can deal with questions about Lollypop’s provocations AFTER a yet to be scheduled hearing, concerning a yet to be filed motion for summary judgement to bar the defense that Lollypop was comparatively at fault for the shooting, and a yet to be filed motion for dismissal of MBs counterclaims …
Anyway…
That’s an obvious delay attempt. Above and beyond the 04/13/23 delay. Weaver’s notes seem to indicate it’s not going to go over we.
Also… note the line of argument GAS indicates they might go down. They apparently want to argue to bar MB and SGF’s attorneys from pursuing any defense concerning any sort of ‘comparative fault’ on LK’s part. After participating on this thread for the last several days… that line of argument should be quite familiar to everyone. Seeker1 and CurrentlyHorseless have both been pushing the idea that it’s somehow wrong to note that Lauren took multiple actions that contributed to the situation that lead up to her shooting.
Comparative Negligence and Contributory Negligence? Both are pretty darn relevant legal concepts in this civil suit. New Jersey is apparently a modified comparative negligence state…
I’ve copied and pasted information into this post from a resource I found educational and helpful to understand these concepts… because I am more of a ‘spell it out and provide an example’ person, rather than a ‘look at this helpful drawing to understand the concept’ person. People have already provided several helpful (and amusing) drawings on earlier threads to explain this whole notion, however… I thought I would spell it out again, given GAS’s latest filing.
Long story short… GAS and the Ks have a serious problem with their civil suit when it comes to potential defense arguments with respect to comparative negligence… and they know it. Hence Lollypop 
ing a 
over her deposition, wanting to avoid any questions about her provocations, and all this desperate outraged squawking at people for even HINTING that her actions contributed to her injuries in any way…
Legal Definition of Negligence
Negligence is defined as failing to act as a reasonable person should. This means that if your actions fall below the standard level of care that an ordinary person would have used, you are negligent. For example, let’s say that you are in a car crash after going around a turn very fast. If a normal person would have gone around the turn slower than you did, you did not act as a reasonable person would have and thus are negligent.
How Negligence is Used in the Law
Normally, negligence is used to help determine whether or not someone is liable in a personal injury lawsuit. Basically, if your negligence caused someone else’s harm, you may have to pay for whatever harm you caused, so long as the harm is found to be reasonably related to your negligent conduct. Returning to the car accident scenario, if the excess speed going around the turn caused both the accident and the injuries sustained by the claimant, then you may be responsible for the damage caused. However, if your speed did not cause the accident and instead it happened because the other driver was in your lane, you either may not be forced to pay for their damages or the claimant’s percentage of fault may reduce the amount of damages you’d be responsible for paying.
Modified Comparative Negligence in New Jersey
New Jersey is a modified comparative negligence state, which, under New Jersey law, means that the person asking for damages in a lawsuit has to be less responsible for the accident than the person who allegedly caused the accident. In the car accident scenario, if the other driver is asking you to pay for their damages they have to be less responsible for the accident than you are. If a jury believes that their straying into your lane is a bigger cause of the accident than your speed, they may not be able to recover damages. However, if a jury finds that the accident would have been avoided if you were driving slower, you may have to pay damages.
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Well said VHM.
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I think it’s a completely obnoxious move. A substantial portion of the 200 pages involved SCHELLHORN questioning LK. What the heck?
Since GAS is arguing that Bilinkas and Deininger already had a crack at her, he should have at least made an effort to separate that specific portion of the transcript out, and use that for the filing.
Who knows how this will go. Maybe LK will get lucky. I find the whole thing pretty ridiculous at this point, however. She’s drawing out the whole legal process in a suit she initiated in an obnoxious attempt to bleed the other side when it comes to legal fees.
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