Michael Barisone/Lauren Kanarek Civil Suit

[trubandloki]

@Virginia_Horse_Mom

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.

Sure. All true. But, if they had started scheduling this deposition back when, like back before the lawyers changed even or back right after the lawyers changed, it might have been scheduled for a time that was before the deadline that they picked.

[Sdel]

@Virginia_Horse_Mom

Maybe LK will get lucky. I find the whole thing pretty ridiculous at this point, however.

I doubt it. It is not a small ask to demand the court bar two parties from having the right to defend themselves or explore discovery for their own cross-claims. The criminal trial was different. Different questions asked, different legal entities involved.

They should not get any headway on this. I think someone is falsely encouraged by the judge setting the contempt hearings so far out.

[MHM]

I certainly hope the judge will be able to shut down their nonsensical yammering on the subject with no further delays.

[Virginia_Horse_Mom]

Agreed.

Is what it is. But sooner or later, Lollypop is going to have to deal with her deposition, or she risks getting her whole case thrown out.

If she’s really that worried about it and just can’t deal with a deposition, then she should direct her attorney to negotiate a settlement with MB’s team and SGF. I understand her ego can’t handle that option… but realistically… if she can’t deal with sitting for a deposition, it’s time for her attorney to negotiate a settlement.

[trubandloki]

@Virginia_Horse_Mom

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.

And. As long as the case does not happen, she can continue to boast about her bomb shells and how we just do not understand what a victim she is and … all those other imaginary stories that keep going out the window the more evidence that comes out.

[MHM]

@Virginia_Horse_Mom

if she can’t deal with sitting for a deposition, it’s time for her attorney to negotiate a settlement.

I can’t begin to imagine what such a settlement might look like. I’m guessing the two sides have diametrically opposed views of how that should work.

[Sdel]

@MHM

I certainly hope the judge will be able to shut down their nonsensical yammering on the subject with no further delays.

I think he’s giving them rope. The new judge has clearly looked over the case history enough to realize that there have been 7 discovery extensions. I’m sure he has also realized that Lauren Kanarek had to be compelled by the court to provide any discovery, and that the plaintiff and her parents have never properly responded to their subpoenas. Now this….

In my opinion, his handwritten “all parties will comply with their deadlines” was an ultimatum.

[MHM]

Fingers crossed!

[Virginia_Horse_Mom]

@Sdel

I doubt it. It is not a small ask to demand the court bar two parties from having the right to defend themselves or explore discovery for their own cross-claims. The criminal trial was different. Different questions asked, different legal entities involved.

They should not get any headway on this. I think someone is falsely encouraged by the judge setting the contempt hearings so far out.

Interesting thought about the judge and the far out date he set for the contempt hearings. I see what you are saying now…

I am really hoping we get to see a Silver response to GAS’s motion today.

Any thoughts on when the judge might rule on this stuff? Is 03/17 simply the earliest day to expect a ruling? I have trouble understanding the date aspect of the civil complaint system with this whole case. It seems like stuff regularly slides…

[2tempe]

This is interesting - one of my closest friends just had double mastectomy after second recurrence of cancer. No reconstruction. She healed easily and well after the few days of drains, etc. Said she has sort of a new sense of freedom, but is planning to get a mastectomy bra for certain situations. She is single and in the Sr. age category and truly made me laugh when she said “who needs them, no one has seen mine ex my Dr in 15 years”…

[Virginia_Horse_Mom]

@MHM

I can’t begin to imagine what such a settlement might look like. I’m guessing the two sides have diametrically opposed views of how that should work.

I totally understand.

So here’s my thinking…

Sooner or later, her attorney may thoroughly look at her case and applicable evidence and explain:

1. If you sit for your deposition Lollypop, you risk providing MB and SGF enough information that they can readily prove that you have some contributory and comparative negligence with respect to your claims. Also… you risk providing them evidence that can be used to prove MB’s counterclaims. If this happens, there may be a judgement following trial where YOU are responsible for their attorneys fees, AND some damages.

2. If you try and delay longer, and refuse to sit for your deposition, the judge may toss out the whole case, and order you to pay everyone else’s attorneys fees.

3. If we approach MB and SGF, and propose a small settlement now, it will likely be the best way to mitigate potential downside financial risks.

If presented with all 3 options… who knows… Lollypop might still say, “I don’t care about the potentially large adverse financial risks. I want to go forward with this, and do things my way!” My guess is that she can do this if she REALLY AND TRULY has unlimited financial means.

But does she? We don’t really know.

If, instead, there are financial constraints, and she had been counting on some sort of payout from this thing all along, and is only now realizing that it might not happen… she best start wrapping her brain around the concept of “cut your losses.”

Personally, I don’t see a scenario where she goes all the way to trial and wins big. Maybe I’m missing something… but… I just don’t see it.

[ohnoO]

@MHM

I can’t begin to imagine what such a settlement might look like. I’m guessing the two sides have diametrically opposed views of how that should work.

Didn’t they already try that?

[TwiSedai]

The sea lion grabbing the girl reminds me of my cat trying to sneak something she knows she’s not supposed to have for funsies.

[BlueDrifter]

GAS is essentially giving the judge 200 pages of homework with the expectation that the judge needs to figure out what part is applicable to GAS’s assertion.

[trubandloki]

@BlueDrifter

GAS is essentially giving the judge 200 pages of homework with the expectation that the judge needs to figure out what part is applicable to GAS’s assertion.

Where Michael’s lawyer(s) and SGF’s lawyer circle things and crop things so the judge knows what they intend for them to see.

Which side do you think is more professional and not trying to make things look differently than they are, gee…

[Sdel]

@BlueDrifter

GAS is essentially giving the judge 200 pages of homework with the expectation that the judge needs to figure out what part is applicable to GAS’s assertion.

Which he’s not actually going to look at. A couple of pages, maybe, 200 no; and GAS knows it too. He’s banking on the judge just going yep, check, and taking his word for it on the argument.

[trubandloki]

This just showed up on my Facebook news feed. It made me laugh. I don’t remember if it has been posted here already, so I am posting it.

[MHM]

@ohnoO

@MHM

I can’t begin to imagine what such a settlement might look like. I’m guessing the two sides have diametrically opposed views of how that should work.

Didn’t they already try that?

I think they did, although I don’t recall now if that was before or after the criminal trial verdict.

Lots of water (and lawyers) under the bridge since then, either way.

[CurrentlyHorseless]

@KurPlexed

@CurrentlyHorseless

I‘ll ignore your various insults.

You mentioned LK being responsible for her own predicament. The only way I can translate into an aspect of the civil case is that you agree with @Ekat that MBs defense is going to argue that LK “drove MB insane” and is therefore more than 51% responsible for his shooting her while insane.

Do you agree with Ekat on that issue?

I think there is zero chance the defense would succeed in proving that LK was responsible for causing MBs insanity. I doubt they’ll try.

Another tack would be to claim she failed to mitigate her damages not because she caused the insanity but because she should have recognized he was unstable and backed off. That’ll be hard to establish given that others close to him, including RC didn’t recognize his delusional behavior, but I can see the defense attempting that one.

Or are you going with the claim she was the one who attacked him, and he shot her in self defense?

You can’t be more specific on the mechanism by which LK supposedly “contributed to her own predicament”?

But, sincerely, I don’t understand how any of those scenarios depends on LK being viewed as “vile” or “unreliable”.

But I understand perfectly if you want to decline to explain your reasoning. Speaking in loose generalities is so much easier than getting down to specifics

So what percentage, @CurrentlyHorseless, do YOU think LK is responsible for? Let’s here some numbers.

There’s just one number.

The big deal is whether LK is or isn’t 51% responsible for being shot. If she is found 51% or more responsible, as I understand it, she get nothing.

If she is found less than 51% responsible, then she gets the he award, reduced by whatever percent responsibility attributed to her.

I think it’s very, very unlikely that the various defenses will succeed in convincing a jury that LK is 51% or more responsible. If RC thought there was a chance that the other two defendants could achieve that (on their legal dime), she would not have settled.

My point about the numbers provided by DPR is that even if she’s correct about the chance of there being even one juror who views LK as a sympathetic victim, that’s not the issue the jury is deciding. The jury is determining the facts of who shot her, and monetary compensation tor her injuries, and which of the 4 parties (three defendants plus plaintiff) are responsible for her damages.

[MHM]

@Sdel

@BlueDrifter

GAS is essentially giving the judge 200 pages of homework with the expectation that the judge needs to figure out what part is applicable to GAS’s assertion.

Which he’s not actually going to look at. A couple of pages, maybe, 200 no; and GAS knows it too. He’s banking on the judge just going yep, check, and taking his word for it on the argument.

That’s vexing to think GAS might get away with such a stunt.