As you are aware, yesterday, when confronted with the awful truth that 1) There are no “numerous” court orders of denying jurisdiction based upon Sodini notices to close relatives of the guardianship hearing 14 days prior thereto; and 2) there is equally no prior court order barring Gloria from presenting witnesses and testimony at either of the Partition Action OR the Petition to Set Aside the Apportionment Agreement, GAL Adam Stern and Atty Peter Schmeidel were at a loss for words.
I challenged each of them on the way out of the courtroom, with a fresh stack of all court orders–direct from the clerk of court with a dated receipt Aug 16, 3:43 PM– from Jan 2011 to the present to find those court orders. They chose not to go there.
Following up on Atty Schmeidel’s explanation for Big Lie No. 1 (there are numerous orders denying Gloria’s Motion for Lack of Sodini Jurisdiction and I argued that issue myself on appeal, your honor and the Court of Appeals affirmed the trial court on the merits)–at this point Gloria squawks out the word “LIAR”) BUT in support of Gloria, I have to post:
The order clearly states that the appeal was NOT dismissed on the merits, but due to section 341 compliance (margins and number of pages). PS was lying to Judge Stuart. Big lie No. 1.
Judge Stuart in court rightfully admonished GAL Adam Stern he was the “eyes and ears of the court” and she expected him to provide the court order barring Gloria’s witnesses and testimony by the next day, which of course, was today, August 17, 2012 (A day that will reside in infamy).
So Atty Adam Stern emails Gloria early this morning with the attached two orders dated Mar 30, 2012 AND NO WHERE IN THESE ORDERS DOES IT BAR GLORIA FROM PRESENTING ANY TESTIMONY OR EXHIBITS.
Gloria could not be in court on Mar 30, 2012 and she told PS that. The judge told PS to put a copy of the Order in the mail to Gloria. He says he did that. Gloria says she never received it. Neither PS nor AS can back that up with an email and attachment to her, so I rule that point is moot. Both of them have enough money for fancy copiers and scanners to send a valid email. PLUS, PS did NOT attach his certificate of service to Gloria indicating he mailed her a copy of the court order and his exhibit/witness list on 03/30/12. I give that one a “dead in the water vote”, wouldn’t you? Let’s see if he mocks up a lie and files it with the court. I absolutely love after the fact, late mailed Certificates of Service. They’re fun to rip apart.
And PS and AS email Gloria all the time when they have a scab to pick with her, but that’s beside the point. Even CF emails me right away when I get her panties in a bunch over something fun I post about her.
Gloria figures since it doesn’t say that, she can’t do that. But oh, my little buttercup, that is not how the court works.
First of all, if, as PS alleges, Gloria did not exchange a witness list and exhibit list, PS had to either 1) ask the court leave to file a Motion to Bar her Exhibits and Witnesses and give Gloria time to respond to that motion OR 2) he would have to have a prior court order stating “If either party fails to provide a witness and exhibit list to the other party, the party failing to provide the information will be barred by court order to put on any exhibits and witnesses.”
Local Rule 2.1 provides that all motions must be in writing, properly noticed and served upon opposing counsel. PS got Gloria’s subpoenas by email. He received his constructive notice of her witnesses. But he failed to inform the court of that, instead he lied.
KD will agree with this assessment.
PS has no such court order. And Gloria says she has the emails to PS in which she attached copies of subpoenas for the witnesses she intended to present at the hearing. Realistically, if she did email PS a copy of her subpoenas by March 30, 2012, then he WAS put on reasonable notice as to her witnesses and exhibits and they should NOT be barred at all. Further, if he has no timely Certificate of Service for the Mar 30, 2012 order, it’s a total do over. He knows that. AS knows that.
Okay, now what do the miscreants do at this point? Well, they could buffalo Gloria into thinking that she didn’t do what PS did with a clear list filed with the court, yeah, that might work and she had to do it and since it doesn’t say in a court order she CAN put on witnesses, like PS got, then maybe she can’t. Oh, I’m not an atty and I don’t know, she might think that. But aw, shucks that pesky KD and JD will tell her nope, that’s not required. What is wrong with those two–speaking the truth. They’re not getting paid, why are they soooo mean to us? We’re just trying to make a few (illegal) bucks! Darn it all.
I know, we’ll just lie about it. And we’ll lie about it over and over until we convince ourselves and the court.
See the following court order entered in July, 2012 where PS replicates the lie like a bad clone in an Austin Powers movie–
see item no. 4 “As Gloria Sykes has been barred from presenting evidence, the parties intend to hold arguments at the end of the hearing.” (And just when did THAT happen, prey tell?)
Interestingly enough, this order was drafted by GAL Adam Stern who is obviously the obedient b***h boy of PS! How interesting. AS and PS know perfectly well on July 6, 2012 that no such order was granted and no appropriate motion filed. How convenient. But AS now knows the court is acting without jurisdiction, so he’ll play along as the obedient puppy he is, since both the puppies are peeing on the judge’s carpet and she’s ready to give it a whiz too!
And if you’re all waiting for the piece de resistance today or the highlight, when Gloria or Scott went to court first thing to pick up the 3 orders I saw drafted from about 4:15 pm yesterday, no surprise, but Judge Stuart was off work for the day and her clerk was assigned to another courtroom and no one knew anything about getting orders from yesterday.
TOLD YOU. And we’re going to try to order the last two transcripts too, but Gloria says she never got a quote for it. Annie says she never did either.
Another TOLD YOU ALL. And today’s transcript will go the same path.
Flush that toilet! It’s right down the hall.
PS–one of the fun things AS did (because he can’t find the order he said existed barring Gloria’s witnesses and testimony), you will note he sends her a hard to read scan. Oldest trick in the book. If you can’t read it, here is what it says:
This matter coming to be heard on presentation of (sic) Amended Second Current Account and Disclosure of witnesses and documents and Caroly Teorpe appearing through counsel Fieschel and Kahn, Ltd. and also present GAL Cynthia Farenga also being present and Gloria Sykes having informed the court by fax that she was not appearing, it is hereby ordered that
1) guardian to mail accounting and report to Gloria Sykes this Mar 30, 2012 to last known address;
2) Gloria Sykes has until April 20, 2012 to file and serve any objections to accounting and report;
3) Guardian has to April 27, 2012 to respond to objections and
4) Gloria Sykes has until May 7, 2012 to Reply; and 5) case set for status on objections and Partition report on May 11, 2012 at 10:00 AM
End of Order;
Second Sheet (not numbered 1 of 2 as it should have been)
This matter coming to be heard on disclosure of witnesses and documents in advance of the April 13, 2012 hearing on the apportionment agreement and the court having previously set Mar 30, 2012 as a date for presentation in open court of the witnesses and documents and Carolyn Toerpe through counsel having complied with the order by disclosing witnesses and documents and Gloria Sykes having failed to appear and having failed to comply with the Feb 22, 2012 order directing disclosure of witnesses to be made on March 30 2012 in open court: It is hereby ordered that
1) April 13, 2012 hearing will proceed at 2:00 pm with witnesses disclosed and documents disclosed by Guardian Carolyn Toerpe.
2) counsel for Guardian shall mail disclosures to Gloria Sykes to her last known address; and
3) subpoena on Kevin Salam is entered and continued to 4/13/12 at 2:00 pm;
4) hearing to proceed on 4/13/12 at 2:00 pm.
End of Order
So where does it say Gloria’s evidence has been barred? her witnesses barred?
It really looks more like they will deal with that later–and not by barring her evidence, but giving her a chance to put her stuff on after Carolyn’s and more time to disclose. I think they screwed up in writing up the order, but that’s their problem and not Gloria’s. Further, both PS and CF lied to the court by not saying Gloria emailed them subpoenas. It’s really bad when CF emailed Gloria back with an “I’m going to have better witness subpoenas than you, dummy.”
The order from Feb 22, 2013 reads, in it’s pertinent part
“3. The parties shall exchange a written list of the names of the witnesses and copies of any documents to be relied on and/or produced by the parties and their witnesses in open Court by March 30, 2012 at 10:00 a.m.”
Gloria says she emailed copies of the subpoenas to PS and CF, and it seems that should be sufficient. She has dated email copies. It appears that if PS and CF did not disclose this to the court in an honest and open fashion, as he should have, the order does not bar her from evidence or witnesses, it does not say the penalty is to bar witnesses (and CF again drafted a typed up order on this, NOT Gloria), then it seems PS should have properly asked for leave to file a Motion to Bar and waited for Gloria’s response which would have been “I already emailed my stuff to you dummy.”
I guess she should have added to her email “And when you go to court on March 30, 2012 don’t lie about it to the judge.”
I presume that PS and CF are attys you just have to tell them not to lie, otherwise they assume the court and any opponent* are fair game.
And the worst part about this is, Gloria says when she emailed a copy of all her subpoenas and witnesses to PS and CF, CF sent a reply email that she had subpoenaed a surprise witness on Gloria–Gloria’s financial advisor. So Gloria knew that CF got the subpoenas and CF, being supposedly impartial, should have told the judge that and shown the court the subpoenas she received. PS too, but you know how that goes…
Now for a joke for PS–
On the stand, the tough prosecutor was relentlessly grilling a witness about finding the loot.
The prosecutor asked, “so what did you do after finding the loot in the trunk of your car?”
Answer: “I did exactly what any honest, law abiding citizen would do.”
Prosector, “So what was that exactly?”
Answer: “I didn’t think you would know. I’m not surprised.”
* note Gloria is not supposed to be CF’s opponent. CF is supposed to be the “eyes and ears of the court” and is supposed to be fair and impartial. Fat chance (pun intended).