Posted on 02/03/2006 7:06:39 PM PST by doug from upland
YESTERDAY'S STORY FOR BACKGROUND
Well, it could have gone better. Judge Aurelio Munoz has set a hearing on the merits for the anti-SLAPP motion being used by David Kendall to try to have Hillary Rodham Clinton removed from Peter Paul's historic civil suit.
Kendall both failed to file the motion in a timely manner and failed to have it served and put on calendar in a timely manner. Nevertheless, Munoz used his discretion to essentially say no harm, no foul. It had been hoped that Munoz would allow limited discovery in the case to proceed immediately and get her highness into a deposition, but the stay still remains. The hearing on the merits is set for March 16. Whether that will be delayed is anyone's guess.
Gary Smith (another defendant, who apparently lied to his schedule much as Josh Steiner lied to his diary) had his attorney there trying to argue that Aaron Tonken's (another defendant) bankruptcy, should stop the entire case until the BK is resolved. At least Munoz would have none of that.
Munoz admitted, as a point of information, that he went to law school with one of Kendall's partners. But, he has not had dinner with him in six years. That doesn't mean, however, that Munoz has missed a meal in six years. That is certainly not the case. Is there a conflict of interest? Who knows? There have been a few things in this case that are out of the ordinary, including a request by letter from Kendall made directly to the judge for a short delay until he could come to town. That should not have been done in the form of a good old boy friendly letter to an impartial judge.
Although I did have ideas of pulling something on Kendall, I restrained myself and behaved this time. After the confrontation last time, he would not make eye contact.
Kendall is playing on the anti-SLAPP ruling in favor of David Rosen, which removed him from the case. He believes that such means Hillary should be removed. But the issues are clearly different between the two.
Because this judge seems to be giving Hillary the net effect of NBA home court advantage, Peter's counsel is going to have to be very convincing to get Munoz to realize that there are compelling reasons to tell Hillary to get ready for discovery. The reasons are there, but will Munoz see the merits as compelling as we see them? We are, after all, fighting demonic influence here.
The FEC report that was leaked a few days ago should be out officially in a short time. This is the mother of all campaign finance frauds, and what have the Republicans said about it? Zip. Let's hope that changes when the official report is released.
SPECIAL NOTE: I know some of you are going to ask. No, because he only stood up in this very short hearing, he did not sit on his briefcase.
Roughcut trailer --- INDICTING HILLARY: One Man's Quest to Hold Hillary Clinton Accountable
bttt
munoz sounds like a patsy.
Bump...
I'm not sure.
wonder what his (munoz) background is all about
btt...
Go to Wikpedia and search on Peter F. Paul.
Would post, but am unsure of the rules regarding this type of subject matter.
Interesting, and apparently well documented info.
Please post more when you can, Doug!
(p.s. I am undergoing some difficulties with the web access, otherwise I would have bumped it more often! :| )
Doug, sometimes a Judge will bend over backwards for one of the parties in a lawsuit b/c he is leaning towards ruling against him/her. This way the party will not have anything to argue on appeal. Just an observation I have experienced.
Thanks for the input. After speaking with Peter, it is better than we first thought. They are going to be hearing the merits on the anti-SLAPP motion. Peter has a load of ammunition.
Great, Doug. Keep us posted.
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