One of the things that happens only in ARDC litigation is that if you’re an attorney defending your constitutional rights, and you assert those rights, first thing they do is Strike your pleading. I think I have a stack of their “Motions to Strike”. Now this is funny, they moved to strike the depositions of the key crucial fact witnesses: Gloria Sykes, Scott Evans, Yolanda and Kathie Bakken, but then they use them at trial!
I have never seen a proceeding with so many Motions to Strike. Most of the time, opposing counsel files a Response and a decision is made on the merits. Motions to Strike are supposed to only be used in rare occassions.
Here is the ARDC Motion to Strike:
Here is my response:
Make sure you read my declaration at the end of my response. It’s an eye opener. As you will recall Judge Stuart said “she did not know” that Gloria was chained. I distinctly recalled she testified that her deputies told her only a few days ago. Alyece agrees with that. Then the transcripts comes out and suddenly Judge Stuarts words change to “she does not know” what the deputies do when they take someone someplace (it’s not someplace, it’s the judge’s own anteroom), and what they do with them.
I think it would be easier to swallow a watermelon whole than believe that story, esp. with Peter Schmeidel and Adam Stern gloating about it in later hearings–to Judge Stuart, and then before Judge Hollis in bankruptcy court!
So be sure to read my entire response. It’s an eye opener, again.