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sebastian_dangerfield 07-08-2010 03:45 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by Hank Chinaski (Post 427806)
rule 11 is scary? not so much. but a default, that's some scary shit.
I've got a default opened where:

1. I simply missed the deadline; and
2. Discovered while in court on a motion to open that I had not been admitted to that District yet (when I told the Judge, "Yes I have. I second chaired a trial here last year" I thought he was going to jump the bench and attack me).

The standard favors opening the default in all but the most outrageous circumstances.

All that said, don't get defaulted in Fed Court. Clients and partners really hate it. Like, really hate it.

Hank Chinaski 07-08-2010 03:49 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by sebastian_dangerfield (Post 428099)
All that said, don't get defaulted in Fed Court. Clients and partners really hate it. Like, really hate it.
and would win my case for me. I'm only in Fed Ct. and almost always going against a firm with more offices than I have attorneys. I know standard client pep talk for them is that they will crush my unfortunate poorly represented client- if I could default the motherfuckers, I think their client would pull the plug, or at least get reasonable.

sebastian_dangerfield 07-08-2010 03:52 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by ironweed (Post 427808)
It is, which is why you're probably not going to find a case. But if this is someone who does not know from experience how forgiving the Federal courts can be, why not try Rule 11 = strike the offending paper = your MTD is gone = you haven't responded to the complaint = default. I know you know I know it's bullshit, but still.

I cannot believe the amount of shit people get away with, however, and most of them are not even pro se.
You might find a case on point by looking for briefs on motions to compel arbitration in Pacer. I'm sure some screwball who beat a motion for NASD arbitration coupled it with a default application.

And I'm sure the Court laughed at him.

sebastian_dangerfield 07-08-2010 03:57 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by Hank Chinaski (Post 428100)
and would win my case for me. I'm only in Fed Ct. and almost always going against a firm with more offices than I have attorneys. I know standard client pep talk for them is that they will crush my unfortunate poorly represented client- if I could default the motherfuckers, I think their client would pull the plug, or at least get reasonable.
This one didn't. I admitted my mistake and said what Weed did - "Don't worry. They'll open it. They have to." Partners gave the case to another lawyer because clearly, I wasn't the person to go in front of that judge anymore, but I still did other stuff for the client.

futbol fan 07-08-2010 05:44 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by sebastian_dangerfield (Post 428099)
I've got a default opened where:

1. I simply missed the deadline; and
2. Discovered while in court on a motion to open that I had not been admitted to that District yet (when I told the Judge, "Yes I have. I second chaired a trial here last year" I thought he was going to jump the bench and attack me).

The standard favors opening the default in all but the most outrageous circumstances.

All that said, don't get defaulted in Fed Court. Clients and partners really hate it. Like, really hate it.
QED. Hank is dreaming if he thinks he's going to find a case where a Federal Court, in all of its tolerant majesty, has entered a default based on the insufficiency of a piece of paper purporting to be an "answer" or "motion" (as opposed to the complete lack of one). Purple crayon? No problem. Three weeks late? Who's counting? Citations to the Circuit Court of Krakow circa 1974? Procedurally improper, but we're here to address the substance of the Defendant's objections.

And you are clearly one of those people about whom I cannot believe the shit that is gotten away with etc.

Hank Chinaski 07-08-2010 06:50 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by ironweed (Post 428113)
QED. Hank is dreaming if he thinks he's going to find a case where a Federal Court, in all of its tolerant majesty, has entered a default based on the insufficiency of a piece of paper purporting to be an "answer" or "motion" (as opposed to the complete lack of one). Purple crayon? No problem. Three weeks late? Who's counting? Citations to the Circuit Court of Krakow circa 1974? Procedurally improper, but we're here to address the substance of the Defendant's objections.

And you are clearly one of those people about whom I cannot believe the shit that is gotten away with etc.
the odd thing is I came here looking for help in how to respond to a trollish idiotic action, and I have to keep reading this "advice." I am the fool?:confused:

I know the court wouldlikely not grant it, almost certainly not, but I know the client I'm against and if I can scare them it'll be fun! plus, I've seen some Federal judges do some shit out of anger that I would never have predicted.

my warning letters have been complaining that "while I've resigned myself to patent attorneys sending me piles of ill-advised papers, his motion will serve to waste the Court's time and resources, and that is something to which I refuse to be a party."

Hank Chinaski 07-08-2010 07:01 PM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by ironweed (Post 428113)
QED. Hank is dreaming if he thinks he's going to find a case where a Federal Court, in all of its tolerant majesty, has entered a default based on the insufficiency of a piece of paper purporting to be an "answer" or "motion" (as opposed to the complete lack of one). Purple crayon? No problem. Three weeks late? Who's counting? Citations to the Circuit Court of Krakow circa 1974? Procedurally improper, but we're here to address the substance of the Defendant's objections.

And you are clearly one of those people about whom I cannot believe the shit that is gotten away with etc.
i almost never respond to a post twice, but I will in this case. My virinity on the topic was forever broken by the famous (now dead) IP trial guy Ernie Brooks. We have a case with a 8/1 close of discovery. we kick in and get it done and notice they have done nothing. a month later they file a motion of extend discovery. just the request, no real reason.

at oral argument Ernie goes, "We need it because we were negligent."

I'm like, "we may win this one." but nope:eek::eek:

futbol fan 07-09-2010 08:58 AM
Confidential to Confused in Clinton
 
Quote:
Originally Posted by Hank Chinaski (Post 428129)
the odd thing is I came here looking for help in how to respond to a trollish idiotic action, and I have to keep reading this "advice." I am the fool?:confused:
Yes, but we're all pitching in to patiently educate you. It takes an internet village.

sebastian_dangerfield 07-09-2010 10:06 AM
Re: don't make me bother an associate who's probably on a lake right now
 
Quote:
Originally Posted by Hank Chinaski (Post 428129)
the odd thing is I came here looking for help in how to respond to a trollish idiotic action, and I have to keep reading this "advice." I am the fool?:confused:

I know the court wouldlikely not grant it, almost certainly not, but I know the client I'm against and if I can scare them it'll be fun! plus, I've seen some Federal judges do some shit out of anger that I would never have predicted.

my warning letters have been complaining that "while I've resigned myself to patent attorneys sending me piles of ill-advised papers, his motion will serve to waste the Court's time and resources, and that is something to which I refuse to be a party."
If the 12(b)(6) is that frivolous, why not file a cross-motion for sanctions in the amount of your client's fees incurred in responding?

It's not a default, but forcing the other side to write a check at the outset inclines an opponent toward settlement.

Penske 2.0 07-12-2010 04:06 PM
Re: Confidential to Confused in Clinton
 
Quote:
Originally Posted by ironweed (Post 428161)
Yes, but we're all pitching in to patiently educate you. It takes an internet village.
2. no offence. :o:o:):D

Greedy,Greedy,Greedy 07-12-2010 08:41 PM
Re: Confidential to Confused in Clinton
 
Quote:
Originally Posted by penske 2.0 (Post 428308)
2. No offence. :o:o:):d
3!

Penske 2.0 07-20-2010 02:25 PM
robert shapiro....
 
He was able to save OJ's felonious arse back in the day, but quits on La Lohan. What a giant oozing colostomy bagge.

Although everyone I ever dealt with from his firm left me with the same impression........no offence.

Atticus Grinch 07-20-2010 07:19 PM
Re: robert shapiro....
 
Quote:
Originally Posted by Penske 2.0 (Post 429153)
He was able to save OJ's felonious arse back in the day, but quits on La Lohan. What a giant oozing colostomy bagge.

Although everyone I ever dealt with from his firm left me with the same impression........no offence.
Yet he's still miles less douchey than Mark Geragos.

Penske 2.0 07-20-2010 07:30 PM
Re: robert shapiro....
 
Quote:
Originally Posted by Atticus Grinch (Post 429247)
Yet he's still miles less douchey than Mark Geragos.
Where does Gloria Allred fit in?

Atticus Grinch 07-20-2010 09:53 PM
Re: robert shapiro....
 
Quote:
Originally Posted by Penske 2.0 (Post 429249)
Where does Gloria Allred fit in?
That is certainly a question we've had to ask ourselves too much, possibly because Gloria Allred has asked it too little.


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