Advent Talk
Issues & Concerns Category => 3ABN => Topic started by: Bob Pickle on July 01, 2009, 07:38:45 PM
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Last Wednesday we filed a motion for sanctions against Attorney Simpson, which could impact Danny Shelton too.
Simpson's responses to our motions to reconsider and motion to file under seal were riddled with enough false statements that we felt he had violated Fed.R.Civ.P. 11, and so we filed our motion after giving him 21 days to fix the problems.
Our motion and related documents can be read at http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-183.pdf (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-183.pdf), http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-184.pdf (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-184.pdf), and http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-185.htm (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-185.htm).
Of particular interest may be our transcription of part of the hearing in MN on March 4, 2008, which is in http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-185.pdf (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-185.pdf). And Simpson said not one judge or magistrate agreed with any of our arguments? Pretty preposterous.
It will be interesting to see how he responds by next Wednesday. Hopefully he will make sure that everything he writes this time around is accurate.
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If http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-185.htm (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-185.htm) didn't work properly before, it should now.
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Simpson's response is at http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-188.pdf (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-188.pdf).
http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-190.pdf (http://www.3abnvjoy.com/mad-07cv40098/mad-07cv40098-doc-190.pdf) gives our reply to Simpson's response.
Now we need to figure out whether we should go after Simpson a second time for sanctions.
I suppose Simpson is ticked. He wrote me Friday and said, "Please stop contacting me unless court rules require it. We have no other reason to communicate."
Or maybe 3ABN hasn't paid the bill and Simpson doesn't want to write letters for 3ABN pro bono.
I highly doubt Danny has paid a penny, and so Simpson wouldn't want to be writing letters pro bono for Danny. Especially since Simpson knows Danny made a killing on his book deals. A huge killing. If Danny had so much money coming in from his book deals, surely Danny can pay Simpson. And Linda. And those he's wronged.
Hope 3ABN reports what they have paid for Danny for the lawsuit as compensation to him on their Form 990, or they could get in trouble with the IRS. But how would that look like on their Form 990? Compensation totaling $500,000 or $1,000,000 or more? Hard to know, since 3ABN hasn't told the public how much they've spent on this stupid lawsuit.
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Anything further happening regarding this?
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Nothing yet. We asked for oral arguments (a hearing), but don't know if or when the judge will schedule that.
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Do lawyers have to tell the truth?
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Fed.R.Civ.P. 11 requires that lawyers have a legal or evidentiary basis for what they file in court papers, and/or then later advocate. They can't simply tell bald faced lies that they know there is no basis for ... unless no one calls them on it.
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Here in Nova Scotia, we sometime pronounce lawyers "liars." :D
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I had someone ask me, "How can you tell when a lawyer is lying?"
I didn't know.
They said, "When he opens his mouth."
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:D
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By the way, is there any update regarding this that cna be shared here?
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Nothing new. The motion is still pending in the district court.
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The summary response would be that Pucci's old friend and now District Court Judge called the actions of Simpson
"ZEALOUS" advocacy. Motion was denied. Fits the tenure of most of his rulings in the past year. It's clearly designed
to protect the "Zealous" bar and punish "Zealous" pro se litigants that refuse to go away quietly, like good little boys.
And the battle will rage on!!!
Gailon Arthur Joy
AUReporters