New filing on ecourts re MB

[Knights_Mom]

How DARE you @ekat!!

[ekat]

Sorry guys.

[erinmeri]

@CurrentlyHorseless

I don’t think his legal fight with SS has to do with LKs report against him. It has to do with the fact that he shot her, and did not receive a straight NG verdict.

The NGRI verdict clears him with respect to criminal responsibility, but is not clear whether it clears him with respect to the SS sanctions.

His legal problems with SS have to do with his actions, not LK’s actions.

Color me not surprised that this is your take. Just as I am not surprised by your previous post that says:

@CurrentlyHorseless

No, that’s not clear. I think that SGF was bluffing that they had devastating evidence of LKs harassment that would establish she had comparative fault, and Stone called their bluff.

If they had powerful evidence of her harassment and thought they could prevail on the comparative fault argument, why would they settle?

All we know is that SGF settled, paying LK a nonzero amount. We don’t know whether it was a “victory” for either side since we don’t know the amount of the settlement.

At some level, both sides are better off since they don’t face the drain of legal fees and the risk of a jury decision.

It will be interesting to see if Barisone now settles.

You see, while I was out riding horses (refresh my memory, still “horseless”? Too bad.), I was catching up on this thread and talking to other COTHers on the phone, and we all had the opposite reaction that you did.

It seems pretty obvious that LK was scared of SGF/Silver, and like @vxf111 has pointed out to you, there is no admission of guilt and no necessary monetary award to LK as part of a settlement. Heck, she could have paid them.

What this all means for Barisone remains to be seen, but your presumptions are off the mark.

[erinmeri]

PS, thank you to my COTH benefactor who paid my donation for my inability to ignore ridiculousness!

[CurrentlyHorseless]

@erinmeri

@CurrentlyHorseless

I don’t think his legal fight with SS has to do with LKs report against him. It has to do with the fact that he shot her, and did not receive a straight NG verdict.

The NGRI verdict clears him with respect to criminal responsibility, but is not clear whether it clears him with respect to the SS sanctions.

His legal problems with SS have to do with his actions, not LK’s actions.

Color me not surprised that this is your take. Just as I am not surprised by your previous post that says:

@CurrentlyHorseless

No, that’s not clear. I think that SGF was bluffing that they had devastating evidence of LKs harassment that would establish she had comparative fault, and Stone called their bluff.

If they had powerful evidence of her harassment and thought they could prevail on the comparative fault argument, why would they settle?

All we know is that SGF settled, paying LK a nonzero amount. We don’t know whether it was a “victory” for either side since we don’t know the amount of the settlement.

At some level, both sides are better off since they don’t face the drain of legal fees and the risk of a jury decision.

It will be interesting to see if Barisone now settles.

You see, while I was out riding horses (refresh my memory, still “horseless”? Too bad.), I was catching up on this thread and talking to other COTHers on the phone, and we all had the opposite reaction that you did.

It seems pretty obvious that LK was scared of SGF/Silver, and like @vxf111 has pointed out to you, there is no admission of guilt and no necessary monetary award to LK as part of a settlement. Heck, she could have paid them.

What this all means for Barisone remains to be seen, but your presumptions are off the mark.

If SGF thought they had strong evidence of LKs harassment AND thought they could prevail on the argument that she was comparatively at fault to a large degree, why would SGF settle?

Obviously there is evidence of other instances of cyber bullying. The crux of the issue is whether such evidence would successfully establish that LK had a large or significant comparative fault in her injuries.

Stone was prepared to argue that any harassment by LK did not justify MB shooting her. That’s my opinion, too.

If SGF thought they could prevail with their argument, it doesn’t make sense that they would settle for significant amount.

[BigMama1]

@erinmeri

PS, thank you to my COTH benefactor who paid my donation for my inability to ignore ridiculousness!

Keep trying. The whole thread has been so much easier to follow without getting bogged down in their circular arguments and petty, pedantic BS.

Everybody knows their positions. They have made them abundantly clear hundreds, if not thousands of times. And nobody cares. Truly, nobody cares about their opinions or theories or questions anymore.

[Knights_Mom]

I’m willing to wager that this case and the the prior criminal case has taught people more than they thought they’d ever know about the legal system.

It’s good and bad points have been on full display for sure.

That being said it’s still tragic that events unfolded as they did simply because of a prolonged hissy fit for attention which turned to a FINISH THE BASTARD plot which evolved into a bad tumbling of dominoes which continues to this day.

[cutter99]

Just a reminder! How much more productive is it when we don’t engage???

[Ambitious_Kate]

I have a question I could be wrong but I thought someone somewhere once said that any money distributed by settlement doesn’t get disbursed until all sides have settled, whether through agreement or by trial? If that’s true, then LK doesn’t get her settlements until after the trial with MB, and after his crossclaim. And he could win a whole bunch from her, which means she pays him her settlement money. So in a sense, he payed himself when SGF settled, seeing as he’s more than 50 percent of SGF, HARDY HAR. And, Ruth’s settlement would go to MB. And then there’s the whole crossclaim, which MB will win, too. Unless he offers a settlement, like, return your settlement money to RC and the old people and give me the value of my losses (millions) and well call it even. Heh heh.

[Ambitious_Kate]

Oh, I LOVE it! Lk went running from her deposition and took the long standing offer, the coward. I hope that offer was, quit now and qe won’t make you pay our attorneys fees.

[hut-ho78]

Not surprised SGF settled after Dienenger suddenly decided MB’s mental health medical records need to be protected by HIPAA. As Judge Taylor pointed out, they were discussed in detail in the criminal trial. I expect MB to settle as well. Money is pouring out for attorney fees. It’s a huge stressor to have this trial looming over him and the release of his own history, something not allowed at the criminal trial.

Settling this soon lets all parties heal and move forward sooner. The strain of interrogatories, depositions, preparing for trial and the legal bills must be huge.

I do expect MB to settle soon, possibly before the Krol hearing. Get this done, focus on working the levels, release, reinstatement by SafeSport, and get back to work.

His overhead before this started was large, something like $37,000/month. It does appear he has downsized (sold the NJ interests) but LO reports it’s hard to keep things going in Florida without MB.

I’m looking forward to reading about his recovery and return to riding and training. I hope LK keeps riding her nice horses and continues her progress as well.

[LiberalSnowflake]

@ekat

Man, take a day off from the internet to do other things, and wow. This is surprising, to say the least.

So glad you’re back! I took the day off yesterday too, and it’s all kicked off - that’ll teach me.

[Bogey2]

Google, Google and Hut Ho Law…
Brilliant!

[vxf111]

That is not true as a general statement. Settlement of a civil case is a matter of private contract. Two parties can settle early and be completely done with a case (including payment of any settlement amounts) months or years before the rest of the case is resolved. Unless those parties agree to condition payment on ultimate resolution of the case there is no reason they have to wait that long. They can bargain for whatever legal terms they agree to, including payment within a reasonable time period of the settlement.

[Angela_Freda]

If this were a movie, it would be revealed that the extended, unorthodox detainment of the main character by the judge was all part of the diabolical plot to finish him, intended to stress all parties into settling.

Cue Mr. Grisham

[Ambitious_Kate]

So she still sits for deposition with MB’s attorneys today, right?

[ohnoO]

@Ambitious_Kate

So she still sits for deposition with MB’s attorneys today, right?

I believe it was pushed back a while ago until April 13th.

[ohnoO]

@hut-ho78

focus on working the levels

That’s the whole point—there are no levels to work!

On paper I’m sure there are levels to work, but in reality, not so much, or more like not at all!

[Ambitious_Kate]

So, LK is settling to make this go away. Not the defendents. Does that mean she’s paying them?

[DownYonder]

Legal eagles - I assume that since MB is part of SGF, the terms of the settlement were disclosed to him.

Anyone want to speculate on which party wanted the confidentiality clause? I can totally see LK wanting it, esp. if she didn’t get much monetary award. And I can see SGF wanting it if they did end up paying her $$$. But what if they didn’t pay her anything? Is there an advantage to them to not discuss the terms with others? Or is the main advantage to prevent public discussion from possibly jeopardizing MB’s defense and counterclaim?