- Joined
- Jul 10, 2017
I mean, all I'm saying is that if I was a scumbag lawyer with a shit client the only strategy I could come up with to make this problem go away for my clients would be to bleed the opposition dry, because I know that my rates are sub-prime compared to the opponents lawyers. Make them go through every ring of civil law hell. It would both give my clients the highest percentage chance of winning (forcing the opposition to bow out) while simultaneously jerking off my clients for every last cent they're worth.
Or, you know, a check bounced and the lawyer didn't give enough of a shit to file on time. I mean, who the fuck knows at this point.
But even for that, this is a shit strategy. At least from MoRonica’s point of view. Monica and Vic are thought to be sitting on roughly equivalent personal asset pools. On top of that Vic is sitting on a 6 digit donated crowd funded legal war chest. The war of attrition will bleed out Monica and Ron first. You need to be substantially better capitalized then your opposing litigant to make that a sane strategy. MoRonica will start feeling financial pain before Vic taps a dime of his savings. It’s just how the math works.
And even with that, this remains a truly stupid way to enact that plan. You want to stall and drive up costs? Step 1, don’t give your opponent an instant win button.
Still, there were plenty of things to try first. Filings for extension, TCPA, ... you don't just default. That's ... incredibly dumb.
Basically if the defendant doesn't file any response prior to the deadline, the complainant can file for a default judgement. This means that the court has to make a judgement based only on the evidence and claims which were made in the initial complaint. If the complainant had any case at all, and the defendant didn't even bother to provide any contrary evidence or arguments, then the complainant wins by default.
Yeah... they would likely still be deposed as witnesses in the case against FUNimation and Jamie Marchi.
It looks like there's precedent, but it's rather interesting.
It looks like there has to be a good reason; the apparent reasoning was "a lack of willfulness by the defendant, a lack of prejudice to the plaintiff, and meritorious defenses."
Would they be so generous to a defendant who has been pulling obvious shenanigans trying to block the plaintiff's discovery process? I guess there's only one way to find out, and that is wait...
I see some major problems looming for Casey and MoRonica if this is the case. You can pass off a blown filing date as a calendar fuck up. The Judge will probably be merciful. But Casey was actively engaged with the case on Friday. He has statements before the court proclaiming that his clients are active in this process and making their wishes known. All that shit from last week is sitting in front of the Judge already. And now this? The Defendants and their lawyer have communicated to the plaintiff and the court that they fully intend to continue a non stop shitstorm of defamation throughout the trial. They do not appear to be engaging in anything resembling good faith from the very start. I’m not sure that the Judge will be inclined to be especially merciful?
This is like trying to force a delay at trial by steering your car into oncoming traffic. I suspect BHB will wait until tomorrow before filing for a default judgement. Even if something shows up late today Ty and BHBH will make them fight for it. Why not, they already have a motions hearing scheduled?