Mickey Chandler's SpamSuite

Here is Spamhaus' response to e360's "The Lawyer Ate My Discovery Responses" attempt.

It is really rather predictable in that Spamhaus responds that even if Daniel Peters is the devil himself, that it doesn't excuse the lack of timely response, it doesn't excuse the pattern of abuse that has happened over the last 10 months, and Spamhaus also sent Bartly Loethen an email that summarized the Court's order, and then followed that up with the actual transcript of the hearing, so that "The Lawyer Ate My Discovery Responses" is really a laughable assertion. They also point out that having a busy trial schedule is no excuse for e360's attorneys not meeting their obligations in this case.

Spamhaus spends quite a bit of time emphasizing that this has been going on for ten months now, and we have been through three motions to compel and a motion for sanctions before this, whereas Spamhaus is in default after missing only one 30 day deadline. They also say that the supplemental responses e360 and Linhardt have provided still say "look at the documents we sent you" and that there were no substantive changes to 10 of the 18 interrogatories. Spamhaus' counsel is also astounded that e360 has suddenly added 16 new parties and increased its damages calculations by 1100%, all after the close of discovery (meaning that the new parties cannot be deposed to see what they know).

They also include, in their exhibits, the transcript of the hearing on September 4, 2008. It's pretty obvious that Judge Kocoras is getting pretty fed-up with e360. At one point, he says that e360's prior responses to orders of the court is "a little insulting" (p. 23 of the PDF).

However, I also get the feeling that the Judge is reluctant to grant Spamhaus' motion. Spamhaus is certainly trying hard though.

Attachment	Date	Size
MotDismissContemptSuppResponse.pdf	09/18/08 11:15 am	3.31 MB