I’m watching an episode of Dateline now on Pluto TV and a young Mr. Bilinkis is the defense attorney. (His client was convicted of murder.)
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I’m behind on posts and only two sentences in to Mr. Silvers response and am already 
This man has flair!
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His entire response is a joy to read. He is such an impressive writer. He makes what would seem like a boring topic, including all kinds of facts and references, actually seem like it is interesting.
Maybe when he is bored of this lawyer thing he will do books or such.
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I’m hoping at some stage this will be open to the public. I will so be there.
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I rather like the way he tossed in that GAS needs to do its own homework and some shade thrown about showing up (at all, as required). Nice spin on that backhand!
($60 due on April 1 for March comments)
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This is such a reasonable response, basically, “we will and are responding to your request, but 6 minutes isn’t enough time.”
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Question: My ability to download is wonky today so I am only eyeballing excerpts-- but do MB/SGF attorneys list legal objections as to why they do not have to turn over documents etc that LK can access herself? I went “a legal googling” (always iffy) and it seems like under Federal rules one needs a basis for objecting for example from an SEC case
the Government argued such a request was “overbroad and unduly burdensome to the extent it seeks documents or information that are readily or more accessible to Defendant from Defendant’s own files, from documents or information in Defendant’s possession, or from documents or information that Defendant previously produced to Plaintiff.” Is there some “built-in” objection to discovery just because the asking party may also have access to the documents?
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@omare, are you unable to open the documents attached to this thread?
In my reading of both responses by Mr. Deininger and Mr. Silver they are both basically saying we will look into it when it is real request in the correct time frame. Mr. Silver says that the one request has no merit because it is public information. They bring up the fact that this type of discovery does not happen until after Lauren sits for her deposition. They bring up that Lauren’s side has some seriously overdue discovery requests so that her side can not demand discovery.
It really is totally worth reading both documents if you can find a way to do it.
Remind me, is this a totally different type of law than you practice?
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To add on to @trubandloki’s answer, both Silver and Deininger cite NJ Rules of court and state that GAS’s motion to compel is premature, improper, and does not follow NJ rules.
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That statement confused me. When, where, why did/are they conducting surveillance video on LK?
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They are not. If you read that sentence he is saying that specifically they did not.
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He used case law about video surveillance to illustrate his point and then specifically states for the record, they aren’t using video surveillance, but the case law is still relevant.
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Got it—Thank you all!
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But I do wonder if poor Ronald Morgan (the person who I assume put this response together - who is not the name on the door) was sent on a wild goose chase about privilege by GAS or if there was some decision that they can not find anything that covers what they want to say so they are going to go down this rabbit hole that was not brought up.
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Stone is professional and to the point. He is calling them on allegations in their filings to which there is no proof. I hope the rulings by the judge are posted.
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As an aside, you have to wonder about this name on the door thing. First Nagel punts everything to someone named Andrew. Now GAS has Ronald doing the things…maybe Ronald’s name is on a door somewhere?
I do wonder why the argument about privilege, when Mr Silver is arguing work product. It’s one of those weird things in his docs.
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The name on the door thing is funny because we all know how strongly the Kanarek family feels that having the name on the door is important. Add Lauren Kanarek’s rant here about how she never uses an underling lawyer or staff…gasp.
Do you think GAS/Ronald Morgan did not understand the difference between Work Product and privilege? That seems like a weird thing for a lawyer to not understand to me. But then, Jonathan Kanarek is a lawyer and there are lots of things he has proven he does not understand that a lawyer should.
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I had the same thought.
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