I really don’t know where to begin with today’s hearing–it was truly amazing.
First of all, and I truly have to congratulate Gloria, she finally filed some version of a Motion to NonSuit or Dismiss based upon Lack of Jurisdiction (Sodini)! I don’t have a copy of it yet, but I hope she sends it to me soon for posting.
Yeah! You go, Gloria.
Well, after that first stab with a nice large kitchen knife on the most obvious scab to pick with this court, you wouldn’t believe the out right lies that followed.
First, came the admonition from the Judge that it was her understanding that the issue had been dealt with by the court before, and she turned to Adam Stern and asked him if that was true.
AS replied that it had been brought up numerous times before and it had been denied. (Big lie no. 1)
PS then chimed in with how he brought it up in an appellate brief, he recalled writing the argument, and it was denied on appeal (even Bigger lie no. 2)
Gloria then tried to point out the appeal was dismissed for formatting issues, margins and number of pages, but the court kept on cutting her off and telling her “not to speak”.
The next topic they talked about before, during and after the testimony was PS constantly telling the court that Gloria’s testimony and exhibits had been barred because she did not send them to PS on time. (Medium size lie no.3 I’m giving it a medium on the lie because Gloria should have filed it with the court, she only emailed it, so I’m downgrading the lie. JMHO)
Again, Gloria was repeatedly shushed up when she tried to counter with she had the dated emails she sent them on time and there was no such court order. (Go ahead and look at the table of transcripts, documents and orders on this blog. I don’t even think there was a motion in the file, let alone an order, and all motions by rule must be in writing and proper notice and service must be given).
And of course, you know me. I just couldn’t resist plunking down $21.75, sweet talking my friend behind the Probate imaging and printing counter in the Probate files department for a current copy of all imaging of orders going back to January 2011 or about 21 months.
Guess what? No such orders exist! None. No orders saying any Motions to Dismiss were filed and heard and denied, and no orders saying Gloria’s testimony and exhibits were barred. ( I will post the packet in a bit and give anyone $1000 if they can find any such orders).
So, while Gloria was grilling Dr. Shaw a new charcoal crust on his liar’s sandwich consisting of multiple layers of pure baloney (he was testifying he saw Mary in 2012 but she was incompetent in 2008 to sign a settlement agreement after Mary met independently with a lawyer the day before, yeah, right, that testimony can’t be transcribed either), I was downstairs getting a current printout and receipt for all orders entered since January of 2011.
I bring that back upstairs, and have Gloria take it to the bench and present it as a minor “clean up matter” (when in reality it was a load of you know what looking for a fast moving fan).
Gloria proceeds to inform the court she just received a packet of all the court orders going back to January 2011 and there are no orders in there 1) denying any motion to dismiss for lack of jurisdiction; 2) there is no order denying her the right to put on witnesses and her own exhibits.
Gloria says she has the emails containing a list of witnesses and exhibits and it was emailed to PS on time. If she can find that to show PS is liar, I will post it.
While the Judge did admonish AS that he was the “eyes and ears of the court”, he swore to get the order barring Gloria’s witnesses and exhibits as untimely. Gloria swore she never got a copy of the order, and I have to believe her because it’s not in the court’s paper file and it’s not on the court’s official imaging system.
Gloria told the judge she had no transcript from the prior court dates because all she gets is excuses when she orders them. She does not have Shaw’s prior testimony, she does not have the testimony from May, though we have both ordered it. (She should have made a request for a continuance based upon the fact she could not cross examine Dr. Shaw without a transcript of his prior testimony).
As soon as court was done, I looked for AS (CF wasn’t there due to a “personal matter”), and showed him the pack of orders and challenged him to find those orders in the packet. He said he didn’t have time, he was busy writing up an order and he couldn’t do two things at once. He never took up my challenge. He said he would get it and email it to Gloria and get it to the judge tomorrow. I warned him not to mock one up either because I’ll figure out how to show it was mocked up.
PS didn’t even bother responding when I challenged him regarding the printout of orders, he just walked on by.
But the piece de resistance for the day? The ultimate kicker? First the judge orders all of the attorneys outside the courtroom (this is despite the fact we really weren’t even talking about anything), and then she locks the door! Amazing. Even the cute little naive associate Amanda Byrnes who could not be more than 22 or so could not get into the court to get the last order stamped. The judge kept on mouthing “come back tomorrow” for our orders.
You think we got on her last nerve?
I’m taking bets right now, 2 to 1: a) we never see the transcript from May 2012 or today; b) we don’t get the court orders.
Never mind. Today I saw 3 orders drafted up. Gloria initialed one and that was denying her Motion to Dismiss and she made AS put the grounds into it and he added “because it had been brought previously” (okay, that’s totally funny because jurisdiction can be brought up at any time and the court must make a serious ruling on it, despite the fact it’s an outright lie and there is no court order ruling on it prior to this day, with respect to PS’s lie that it was argued on appeal, it doesn’t matter if jurisdiction is brought up on the first or tenth appeal–it is always timely) and I will go back tomorrow to get the court order, then I will send Julia and I hope Scott can try to get copies. I bet we don’t. No matter, each of us will draft up declarations that Scott and I saw drafts of 3 court orders and then the court locked the doors and told us to come back tomorrow and when we did that, we were refused copies.
What a legal soap opera. But you would think the Law Bulletin would catch on to this. There’s drama, there’s lack of jurisdiction and the law at every turn, we have judges on the record saying they don’t have to follow the rule of law (Connors, August 2011), we have a judge tossing all the attorneys out of court and locking the door behind them without signed court orders, we even have a million dollars missing in gold coins! Cash taken from a mattress. A wrongful eviction. Out of the wrongful eviction a Contempt Order against the Plenary Guardian.
I can’t think of a more compelling, addictive story.
So when did the court say it would consider final oral arguments on the partition motion? October 3, 2012 at 2pm. You think the court is avoiding something?
As Sarah Pallin says (and/or Tina Fey), “you betcha”.
And Ken already pointed out to me that it’s interesting how the date was well after his Sept 2 to 3rd date for his hearing on lying.
Who’s been caught lying now.