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<blockquote data-quote="Deset Gled" data-source="post: 8840491" data-attributes="member: 7808"><p>Lanasa's lawyer has filed a response to [USER=15047]@tenkar[/USER]'s latest paperwork in their civil suit. As far as I can tell, the entire response omits any discussion of the merits of the case and only addresses matters of procedure and timing. The short summary is that Lanasa's lawyer claims that Tenkar's response was not timely enough and that he had a duty to discuss more details of the case with Lanasa's lawyer before filing.</p><p></p><p>I have enough sense to know what I don't know; I don't know enough technical details of the law to know how much merit there is to Lanasa's complaints. But my first read through makes it seem like Tenkar's response was actually filed on time. It was ordered to be filed by Nov 21, and PACER shows that it was filed on Nov 21. A large portion of Lanasa's response is trying to show that for some technical reason, some of the things that Tenkar filed were actually due by the Nov 17th. He also throws around a lot of reasons why Tenkar was required to conference with Lanasa before the filing, but that line of logic is even harder to follow.</p><p></p><p>More importantly, it really seems like Lanasa's lawyer is being ridiculously aggressive considering how early in the legal process the suit is. The case is relatively new; there's lot's of time for the judge to handle minutae and give out small repremands when needed. And yet, here's a bit from his closing statement where he literally asks for Tenkar's lawyer to be sanctioned and billed for not filing things on time:</p><p></p><p>-----</p><p>Plaintiffs would also request that the Court consider sanctions (pursuant to Rule 11) in the</p><p>form of attorney fees to be paid by Defendant to Plaintiffs regarding Plaintiffs’ costs in attorney</p><p>fees for responding to this Letter Motion, as a violation of the Stipulation and the Court’s own</p><p>Rules (see discussion supra). The Second Circuit has, on more than one occasion, imposed</p><p>sanctions upon the offending party who has willfully violated a Stipulation. See, e.g., Absolute</p><p>Nevada, LLC v. Baer, ...</p><p>-----</p><p></p><p>Complaining about being a day or two late with a filing is one thing. Maybe you could even win a judgement that way. But this just seems stupid. This is the type of reprimand that courts give when a defendant drags a case out for years on end, delaying at every turn. To request it now is just being a bully in the courtroom; it's just one more thing Tenkar has to respond to before they actually deal with the real complaints in the suit (which have no merit). Furthermore, the fact that Lanasa didn't respond to any of the actual meat of the complaints makes it seem like he really doesn't have a leg to stand on, and is just trying to win on technicality because he can't win on anything else.</p><p></p><p>I'll read through the rest of the filing later today and see if there's anything I've missed.</p></blockquote><p></p>
[QUOTE="Deset Gled, post: 8840491, member: 7808"] Lanasa's lawyer has filed a response to [USER=15047]@tenkar[/USER]'s latest paperwork in their civil suit. As far as I can tell, the entire response omits any discussion of the merits of the case and only addresses matters of procedure and timing. The short summary is that Lanasa's lawyer claims that Tenkar's response was not timely enough and that he had a duty to discuss more details of the case with Lanasa's lawyer before filing. I have enough sense to know what I don't know; I don't know enough technical details of the law to know how much merit there is to Lanasa's complaints. But my first read through makes it seem like Tenkar's response was actually filed on time. It was ordered to be filed by Nov 21, and PACER shows that it was filed on Nov 21. A large portion of Lanasa's response is trying to show that for some technical reason, some of the things that Tenkar filed were actually due by the Nov 17th. He also throws around a lot of reasons why Tenkar was required to conference with Lanasa before the filing, but that line of logic is even harder to follow. More importantly, it really seems like Lanasa's lawyer is being ridiculously aggressive considering how early in the legal process the suit is. The case is relatively new; there's lot's of time for the judge to handle minutae and give out small repremands when needed. And yet, here's a bit from his closing statement where he literally asks for Tenkar's lawyer to be sanctioned and billed for not filing things on time: ----- Plaintiffs would also request that the Court consider sanctions (pursuant to Rule 11) in the form of attorney fees to be paid by Defendant to Plaintiffs regarding Plaintiffs’ costs in attorney fees for responding to this Letter Motion, as a violation of the Stipulation and the Court’s own Rules (see discussion supra). The Second Circuit has, on more than one occasion, imposed sanctions upon the offending party who has willfully violated a Stipulation. See, e.g., Absolute Nevada, LLC v. Baer, ... ----- Complaining about being a day or two late with a filing is one thing. Maybe you could even win a judgement that way. But this just seems stupid. This is the type of reprimand that courts give when a defendant drags a case out for years on end, delaying at every turn. To request it now is just being a bully in the courtroom; it's just one more thing Tenkar has to respond to before they actually deal with the real complaints in the suit (which have no merit). Furthermore, the fact that Lanasa didn't respond to any of the actual meat of the complaints makes it seem like he really doesn't have a leg to stand on, and is just trying to win on technicality because he can't win on anything else. I'll read through the rest of the filing later today and see if there's anything I've missed. [/QUOTE]
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