9 thoughts on “Team Kimberlin Post of the Day

  1. Best of luck, but given the track record of the courts I expect loads of disappointment coupled with schennanigen gotta away with, repercussions not forthcoming.

  2. Good Luck, all our prayers will be with you and the other defendants.
    hoping for good news to be posted ASAP


  3. I gotta admit…I feel like John does. I pray I am wrong, but I fear that it’ll just be another set back and justice will seem farther away than ever.

    • The fact that there is even a pre-trial conference is a setback in itself. A pretrial conference is supposed to happen after all discovery has been completed. Discovery has not been completed. There is another hearing July 1 – almost 3 weeks away – part of which is to resolve the discovery issue. So that means that the defendants are going into pre-trial prejudiced by the fact that they have received nothing from plaintiff in terms of discovery, and that plaintiff has received discovery from the defendants. Proceeding to pre-trial without having the issue of discovery decided is a bad sign. The court is not following its own rules. Or it is presuming that the hearing July 1 will be decided in favor of the plaintiff on all counts – that none of the sanctions or motions to compel will be granted, and that his motion for protective order will be granted in toto. Nor will any of the motions for summmary judgment be granted. It seems very unlikely to me that the court would have this pre-trial conference if it thought that a few weeks from now it would be over, anyway.

      Unless this pre-trial conference is an attempt to settle – which is possible,and may be the reason why the settlement conference was removed from the schedule. And unless the parties sought it themselves – this still means that the defendants are prejudiced by the fact it is occurring before the July 1 hearing. Because if any of those issues in that hearing are decided their way, then that would be an advantage going into a pre-trial hearing.

      So, like I said, just the very occurrence of the hearing is probably a bad sign.

      • Ali reports that they are out. And they have a trial date if the July 1 hearing does not end the case.

        I do not believe that the court would have set a trial date if there were any reasonable doubt about the case getting to trial.

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