Michael/ Lauren civil trial update February 9

[MorganSercu]

Q. What is the breakfast of ex-champions?
A. Beer over Wheaties

Can’t drink all day if you don’t start in the morning.

Disclaimer- not that I advise it.

[3PonyFarm]

I am so sorry you had to go through all of that. It sounds like it was a nightmare.

[DownYonder]

@skydy

I have a suspicion that LK thinks that Zoom will be easier to manipulate.

I think she is terrified at the prospect of having to sit in the same room with B, D, and S while being grilled by them. And her consigliere is going to try to do everything possible behind the scenes to make sure that doesn’t happen. Because she and he both know that she will not be able to keep her stories straight and without Judge Taylor there to run interference, she is going to get tripped up and caught in lies again and again. It will be much easier for her to keep her composure and “manage” the proceedings if everything is done remotely, where she can “hide” her emotional upheaval behind the veil of electronic devices.

[DownYonder]

@ekat

It’s so bizarre to me to see this. A defendant employing every stall tactic they can think of, sure. But the plaintiff? They’re usually so eager to get into court.

Because they know their case is extremely shaky and they don’t want it to proceed. But “she who must win” cannot be persuaded to drop her claims. Of course, even if she did withdraw her case, there is still the chance that MB would still proceed with his counterclaim. And I would think her withdrawal would make his counterclaim even stronger as it could be perceived that she dropped out because she knew she was in the wrong.

[trubandloki]

@DownYonder

@ekat - so someone responded to a subpoena. Was that to LK, or was it the one to the DA? And if the latter, why did it take a subpoena to obtain ADDITIONAL documents that were related to the incident that is at the heart of both the criminal and civil proceedings?

I am sure that @ekat, who you tagged, can describe this better than I can, but my not legal answer is - SGF was not part of the criminal trial. They had copies of things they had received from Michael’s team. They asked the DA for official copies of everything so they could use them in court, with out them being questioned.
This was not a subpoena that LK answered.

[DownYonder]

@Virginia_Horse_Mom

Anyone know if drug testing or breathalyzing people before depositions is a thing? Or is it of strategic benefit for lawyers to allow witnesses for the opposing side to answer questions under oath while high, if that’s what the witnesses want to do?

Good question. I posited before the criminal trial that LK would be on some sort of cocktail to help her keep her composure.

Does anyone know if witnesses, etc., have to declare if they are on any kind of medication before they testify or are deposed? Or is it up to the attorneys to ask them during the questioning?

[iberianfan]

I cannot believe you painted your house!! Well done, Superwoman! I helped roof my house once and have laid multiple square feet of hardwood and tile, but do not have what it takes to paint the outside of a house. Good on ya.

[Einhorn]

I can’t find good molasses, just blackstrap around here, which isn’t nice. Not like the Barbados molasses i used to get but now can’t find.

[DownYonder]

@Fiesta01

Was that the same shopping trip where LK and RG were following a minor around, filming her and mocking her?

I believe that was a separate incident that happened pre-shooting.

[DownYonder]

@cutter99

Also, do not forget there are many, many things that will be allowed in the civil case that was not allowed in the criminal case.

And no Judge Taylor to help protect her.

[Einhorn]

@DownYonder

. It will be much easier for her to keep her composure and “manage” the proceedings if everything is done remotely, where she can “hide” her emotional upheaval behind the veil of electronic devices.

I don’t know how this will effect things, i haven’t done many zoom depositions, having stepped away from litigation before the pandemic.

It could be less stressful but more likely one will be too casual and less thoughtful. Or it could be one is more alert and focused because there are fewer distractions without seeing everyone in the room.

[BigMama1]

@Knights_Mom

OMG I can’t handle alcohol for breakfast

Anybody who hasn’t enjoyed a spicy Caesar for breakfast hasn’t lived lol

[Knights_Mom]

@DownYonder

@ekat

It’s so bizarre to me to see this. A defendant employing every stall tactic they can think of, sure. But the plaintiff? They’re usually so eager to get into court.

Because they know their case is extremely shaky and they don’t want it to proceed. But “she who must win” cannot be persuaded to drop her claims. Of course, even if she did withdraw her case, there is still the chance that MB would still proceed with his counterclaim. And I would think her withdrawal would make his counterclaim even stronger as it could be perceived that she dropped out because she knew she was in the wrong.

The animosity towards the GoFundMe and LO tells me that they are hoping MBs resources dry out so it will settle and every delay tactic is geared to that end.

They can’t win on substance or character so they will take a win any way they can get it. And for them a settlement is the best win they can hope for IMHO.

[LiberalSnowflake]

@MorganSercu

Q. What is the breakfast of ex-champions?
A. Beer over Wheaties

Can’t drink all day if you don’t start in the morning.

Disclaimer- not that I advise it.

The only alcohol I have before noon is champagne, then it’s legal for Bloody Mary’s at 11am, but I don’t like those (apparently they do count as one of your “five a day though” for veg.

[Knights_Mom]

@Einhorn

@DownYonder

. It will be much easier for her to keep her composure and “manage” the proceedings if everything is done remotely, where she can “hide” her emotional upheaval behind the veil of electronic devices.

I don’t know how this will effect things, i haven’t done many zoom depositions, having stepped away from litigation before the pandemic.

It could be less stressful but more likely one will be too casual and less thoughtful. Or it could be one is more alert and focused because there are fewer distractions without seeing everyone in the room.

I was deposed via Zoom but the feed was wobbly so both sides conceded to my deposition being audio only. I don’t imagine that will happen in this case.

My deposition took way longer than expected and I had a saddle fitter coming so I ended up being deposed while I drove to the barn. I couldn’t miss the saddle fitter guy. It was just like having a conversation as I was telling the truth.

[ohnoO]

Oops, yeah I forgot the “/s”

[DownYonder]

@trubandloki

@DownYonder

@ekat - so someone responded to a subpoena. Was that to LK, or was it the one to the DA? And if the latter, why did it take a subpoena to obtain ADDITIONAL documents that were related to the incident that is at the heart of both the criminal and civil proceedings?

I am sure that @ekat, who you tagged, can describe this better than I can, but my not legal answer is - SGF was not part of the criminal trial. They had copies of things they had received from Michael’s team. They asked the DA for official copies of everything so they could use them in court, with out them being questioned.
This was not a subpoena that LK answered.

Right. But why would MB’s defense team only turn over SOME documents to Silver but not all? Can we assume that those additional 38,000 pages of SM material had not ever been turned over to Bilinkas?

Is it likely that the DA hadn’t previously provided them because they cast LK in a very, very, very bad light and the DA and Taylor were acting to protect LK as much as possible since she wasn’t the one on trial?

But she can’t rely on that sort of protection anymore. She filed this lawsuit and her dirty laundry is going to be aired. Oops.

[endlessclimb]

I finally got my legal eagle attorney mom interested in this case when I was talking with her yesterday. Does anyone have a summarized list of links to the filings? She doesn’t want to read all our drivel here on the forums, but does enjoy a good civil case banter, in the formal sense.

Edit: It was my mention of the ex parte communication that got her going. Her reaction, verbatim, was “Oh my god!!!”

[DownYonder]

@BigMama1

@Knights_Mom

OMG I can’t handle alcohol for breakfast

Anybody who hasn’t enjoyed a spicy Caesar for breakfast hasn’t lived lol

I give you Mimosas. And Bellinis. And Bloody Mary’s.

[ekat]

@DownYonder

Right. But why would MB’s defense team only turn over SOME documents to Silver but not all? Can we assume that those additional 38,000 pages of SM material had not ever been turned over to Bilinkas?

Is it likely that the DA hadn’t previously provided them because they cast LK in a very, very, very bad light and the DA and Taylor were acting to protect LK as much as possible since she wasn’t the one on trial?

But she can’t rely on that sort of protection anymore. She filed this lawsuit and her dirty laundry is going to be aired. Oops.

In context of that sentence, I would suggest that this particular subpoena was served on “public bulletin boards” who responded with reams of documents.

Mr Schellhorn responded to his subpoena through the court because the criminal case is sealed.