Stephen Barrett Entthronung geht weiter:
Doctor's Data v Barrett Case - The Discovery Dam Has Been Burst...
Part One: The privilege removal.
Opinion by Consumer Advocate Tim Bolen
Saturday, September 8th, 2012
Things are about to get VERY, VERY bad for Stephen Barrett, his
co-conspirators, minions, and supporters. The judge in the Doctor's
Data v Barrett case has come down hard, very hard, on Stephen Barrett
and the other Defendants regarding their refusal to provide Discovery
documents demanded by the Plaintiff Doctor's Data's attorneys.
The judge's Order to Compel carries significant penalties, including
the threat of arrest of Barrett, under the "Contempt of Court" rules,
for failure to comply with the Order. And they, the Defendants, have
only until September 12th, 2012 (four days from now), to clean up
their act.
On August 27th, and 29th, 2012 attorneys for Doctor's Data,
Augustine, Kern and Levens, Ltd., filed two separate Motions to
Compel, asking the Judge to force Stephen Barrett to comply with
Discovery demands. The Motions separately complained that Barrett had
been given one hundred twenty three (123) discovery demands, and to
date, had only partially answered eleven (11) of them, claiming
various ludicrous "privileges" for not answering one hundred and
twelve (112) of them.
Motions to Compel are NOT common. Orders to Compel, by judges, are
even less common. I'm going to show you the judge's actual written
Order just below. Although the wording seems simple, and it is, it is
the equivalent of the judge taking Barrett by the throat, shaking him,
and saying "You are about one inch away from jail, asshole..."
"Motion hearing held. Plaintiffs motion to compel pertaining to
privilege issues [131] is granted. Defendant is ordered to confirm by
the end of today whether it has redacted any documents on the basis of
a privilege claim. Any documents redacted on that basis must be
identified on a privilege log to be provided to Plaintiff by 9/12/12.
Defendant is directed to produce un-redacted versions of documents
redacted on the basis of relevance to Plaintiff by 9/12/2012. With
respect to documents withheld on the basis of a common interest
privilege, the parties are granted leave to file submissions, by
9/12/12, addressing the application of that privilege to any
documents withheld by Defendant on the basis of a common interest
privilege claim. Plaintiffs motion to compel pertaining to financial
documents [141] remains under advisement pending further consultation
between the parties, as discussed in court. Status hearing set for
9/19/2012 at 9:00 a.m."
The judge's Order in the "Privilege" issue is absolutely, without
question, the worst thing that could EVER have happened to Barrett,
his co-conspirators, minions, and supporters. For here, the judge has
validated one hundred twenty (120) of the one hundred twenty three
(123) discovery demands of the Plaintiff Doctor's Data's attorneys,
and is looking CAREFULLY at the remaining three.
http://www.bolenreport.com/feature_articles/Doctor%27s-Data-v-Barrett/discovery%20dam%20burst.htm
Verfasst: Donnerstag 16. Juni 2005, 16:30