So, the Judge’s Order is online; let’s have a look at parts of it.
“IT IS ORDERED granting Plaintiff’s Motion for Sanctions. THE COURT FINDS that Defendants failed to timely and properly respond to discovery requests and disclosure with a Court order. THE COURT FURTHER FINDS that Defendants have violated Rule 37. As to sanctions, IT IS ORDERED that Plaintiff’s counsel is awarded his reasonable attorney’s fees and costs associated with this discovery dispute described in his motion to compel and related briefing of the April 9, 2018, discovery dispute hearing forward.”
So, this is all pretty straightforward. Miracle Whips and his concubine refused to answer and comply with virtually all of their discovery obligations for many months. The court lowered the boom on them. I’m sure CJP’s attorneys are charging him at least $1000 per hour (that’s the cost for hiring the best attorneys money can buy). Including travel expenses for CJP’s Kansas City attorney, Ron and Jen are going to be ordered to pay a sum well into 5 figures.
Once a Motion for Sanctions for discovery abuses has been granted, you’re on a zero tolerance policy. If RB and JP fail to respond to further discovery requests, and force the Plaintiffs to file more motions, the Judge will likely toss their answer and counterclaim.
“The Court notes that Defendants are reserving the right to request a culprit hearing to argue that their prior counsel should be responsible for all or part of said sanctions.”
Okay, this is laugh out loud funny. Basically, Ron and Jen are saying that the failure to respond to the discovery wasn’t their fault, it was because of their former counsel. There’s a slight problem with this argument. When Gattone and Gilpin filed their Motion to Withdraw, they scrupulously described all the ways that Ron and Jen refused to cooperate with them and avoided them whenever they communicated with them about discovery. There are phone records, emails, jailhouse recordings etc backing them up. If it was anyone else, I would say there is no way they go through with the hearing, because the Judge would probably grant attorney fees to the former attorneys for having to respond to such a frivolous motion, but these 2 are so relentlessly stupid that you never know.
Just as an aside, I check the Pima County docket regularly. I’m hoping the former attorneys sue JP and RB for fraud. I doubt they will, but if they did it would be fun.
“As to Plaintiff’s Motion for Leave to Depose Prior Counsel, The Court notes that the response due date is September 17, 2018. The Court notes that prior counsel may not have been put on notice of this issue and it may be necessary to do so. Should counsel anticipate that there will be scope issues of the waiver and whether some questions are appropriate or not, the Court encourages the parties to retain a copy of the deposition for the Court’s reference.”
The Judge is basically saying he can’t rule on the Motion until the Defendant’s have had the statutory time to respond, but that he’s going to grant the Motion as soon as it’s timely. That’s more bad news for our 2 favorite morons.
“The Court and counsel discuss a discovery dispute over Defendant Ronald Bell’s medical records and related authorizations and whether providers should be disclosed. The Court notes that the Court is inclined to allow discovery of any medical issues or medical providers that Defendant Ronald Bell has mentioned as an explanation for not producing certain discovery or for explaining any of his conduct in this matter. The Court does not have enough information at this time regarding the specific providers and the scope to make a determination.”
Ron has made some crazy medical claims, such as that he has CTE, to excuse his inexcusable conduct. The Judge has given CJP’s attorneys permission to subpoena every one of Ron’s medical providers to refute these claims. He’s also told the Defendants not to bother filing for a Protective Order because they’re going to lose. Normally these records would be protected by HIPAA, but not anymore. Oops.
“The Court notes that the Court and counsel discussed the following concept and the parties are put on notice that this is a concept that the Court is likely to follow in this case: Should any party make any representation that can be proved up, and that party is asked to prove up the representation but fails to do so, then that parties’ failure to prove up the representation may be shown to the jury along with an adverse inference instruction.”
This may seem like evenhanded language but it’s not; it’s directed to our 2 doofuses. As Ron and Jen continue to tell bigger and more absurd lies, the Judge is going to give CJP’s attorneys full permission to go after them for it. The CTE claim is a perfect example. Which doctor diagnosed him with it and when? Provide the medical records to back it up. If you don’t, not only can you be nastily impeached about it, but the Judge is going to instruct the jury to consider you a liar.
So, as a quick summary, the case continues onward and upward. Discovery will continue. As I keep posting, everything is going great for CJP. Some people on this board are asking why the Judge can’t throw the case out or otherwise grant Summary Judgment. That’s not the way it works. Judges decide issues of law and juries decide issues of fact. No matter how one-sided the evidence is, as long as there is a material issue of fact it is for a jury to decide. Since JP still maintains that CJP sexually assaulted her, a jury must decide this issue.
The Defendants were given numerous opportunities to abandon their lies and settle the case. They chose to keep doubling down with even bigger and stupider lies. It’s hard to imagine a scenario where this case settles. Many just want this case to disappear but not me. When this case goes to trial it’s going to be a bloodbath. I can't wait.
