Friday, July 21, 2006

And So We Waited . . . #3

Post #3

After we served the lawsuit, American Plastic had 30 days to file a response. We waited and we waited. On the 28th day, we got a phone call from an attorney in Kansas City saying he had entered the case on behalf of Jay Horowitz and APE.

Enter Jan P. Helder Jr. . . .

But more about why that's important later . . .

Noah took the message and agreed for him to call back later. In the interim, I got on Google and learned a few things about my opponent. In an odd twist of fate, it turned out we had come from the same hometown. No big deal, until you realize we were both born in Marysville, California! Even turns out we went to the same elementary school, I was about 3-4 years ahead of him.

Trivia aside, there were two important things that came out of the phone call.

1. He'd filed a notice to remove the case to federal court. An annoyance, but not a fatality. I didn't particularly appreciate his statement 'You are registered to practice in Federal Court . . . aren't you?' Oh pleeeeeze . . . . That was my first indication that my advesary didn't take me seriously.

2. Second, he wanted to know if I would consent to a continuance in time for him to file his paperwork. I consented because it is the polite thing to do when a new attorney enters a case. Little did I know that filing for endless continuances would be his primary strategy.

Terri

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