Thursday, October 23, 2008

#32 . . . Making A Federal Case . . .

Greetings Everyone!

I haven't blogged this much in years! However, with new developments coming quite often, I want to keep up with my pledge to tell our side of the story and to provide access to the public records.

As I had said before, one of the 'defendants' [no names, wouldn't want to be puerile] filed a motion to dismiss for lack of personal jurisdiction.

That means this person is challenging our reasons for bringing her into court in Kansas. The laws say that there has to be a connection between the defendant, the lawsuit and the forum state. No problem, this is her right.

Here is that motion. I'm not posting the attachments, it is an affidavit saying the defendant had nothing to do with Kansas.

I filed my response.

I am sparing you the 90 pages of attachments. If you can't follow along and want to read a specific exhibit, please email me with the exhibit number. The defendant claimed my response was 'anemic.' Oh, shot through the heart . . . You, the reader can make your own judgement.

As the one who filed the motion, the defendant gets the last word. So, here it is.

Now, a reply is supposed to limit itself to rebutting the arguments presented in the response. However, the defendant took this opportunity to launch into a 'discussion' of the blog. Well . . . I'll let you read it for yourself.

My only comment has to do with living in a glass house . . .

An interesting aside. The defendant's motion [filed word-for-word by the other two defendants] has an interesting case cite. The case is called 'Sunlight Sauna v. Sundance et. al.'. Two sauna sellers went at it in cyberspace. One created a website dedicated to saying what scuzzballs the others were and generally saying their products were shoddy and not worth a hoot and calling all sorts of names.

Sound familiar? Reading it for the first time, I felt like I had been transferred into a parallel universe. That's when I read it about 2 years ago. One of my good friends and colleague was the lead attorney for one of the parties so I kept track of the case. The defendants plucked out one sentence about jurisdiction, but didn't really read and understand the case. In a nutshell, the parties that were whooping it up, having fun on the internet, calling the other side poopy-heads, and using the other parties' trademarks, and all that fun stuff ended up with a sizable jury verdict against them. The two sides eventually settled, but it still cost them in a big way . . . I couldn't find the sentence based on the case cite the defendant put in her motion. So, I went back and read the briefs and the judge's opinion. A little stroll down memory lane. Always fun!

On to the case at hand. I ran through my archives from the JWCorral2 and other email that has been forwarded to me by interested parties. Over the years, I have been called a 'scumbag', 'evil', 'wacky', 'treacherous,' and my personal favorite 'Himmler.' And that was all just in a few minutes of reviewing old archive documents. When the defendant thought it was acceptable and desirable to keep a website with links to the public records, that was evidentally okey-dokey. Her introduction was:

"The statements here are only my opinion, of course. The documentation speaks for itself. Please, if you don't like what's being said, just stop reading it and go somewhere else. I won't blame you one bit."

Guess what . . . neither will I.

I am commenting on how the cases are being presented and telling our side of the story. I will even post the documents filed by both sides, not just the ones that say what I want to hear.

It is evidentally okay for the opposition to say whatever they wish, but I cannot reply. Last time I checked, my bar card does not negate my constitutional right to freedom of speech. I haven't said a thing that is not contained in or inferred by the public records.

So, as long as there is a JWCorral2, FriendsOfJohnny, or any other group under any other name dedicated to 'chatting' about the on-going litigation, this blog will exist.

Happy reading everyone! These are public record documents and can be printed, emailed, used as party favors or recycled as you wish. Terri


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