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Old 04-01-2011, 07:31 AM   #251
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one hour....anything on the docket yet?
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Old 04-01-2011, 08:04 AM   #252
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Nothing yet, 28 minutes to midnight.

I'll be on it first thing in the morning peeps!

Now, the judge doesn't give out an automatic win or anything if it is filed late, but it is so uncouth and shows that this game is just about over.
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Old 04-01-2011, 08:11 AM   #253
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Can't wait for the update.
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Old 04-01-2011, 08:18 AM   #254
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Oooh, the tension!
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Old 04-01-2011, 08:25 AM   #255
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Kateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate complimentsKateness is so great that we've run out of appropriate compliments
To be fair, the attorney could be leaving it to the last possible second for whatever reason and so the filing goes through just past midnight.
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Old 04-01-2011, 06:30 PM   #256
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...and?
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Old 04-01-2011, 06:35 PM   #257
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No filing . . . .

The big blink . . .

Not even an "oh yeah, well just give me the chance to go to trial and I'll show you . . ."

I'll be monitoring it through the day, but methinks the next document will be a dismissal.
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Old 04-01-2011, 06:38 PM   #258
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So does that mean the case is over, kaput, DOA, everyone packs up and goes home?
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Old 04-01-2011, 06:44 PM   #259
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Old 04-01-2011, 08:20 PM   #260
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No, it ain't over until the judge says so, but this is a curious development. I will monitor and report!

I, too, am disappointed. I wanted to see the flummoxery in the response.

Can you imagine PA if something had come of this!

"Publish America - where the big boys come to steal their ideas. We may want your money, but they want your book!"

"Buy 5 copies and we will send 5 copies to big name authors for them to plagiarize!"

Waiting . . . waiting . . .
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Old 04-01-2011, 10:07 PM   #261
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Flummoxery ... flummoxery. I like it!

Can't wait to hear what happens next in this case!
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Old 04-02-2011, 05:22 AM   #262
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Damn. I haz a sad. I was really looking forward to this (the last of a pile of recent legal sadz) *sigh*
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Old 04-02-2011, 09:09 PM   #263
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And . . . not filed . . .

Unbelievable to blow off a response brief. Even if they were in dismissal negotiations, you'd ask for an continuance.

What happens now is the court considers the motion as it was framed by S&S and King. The facts in the motion may now be deemed admitted as they were not contested by the plaintiff.

It still has to pass legal muster, the court could, on its own, choose to deny. However, I doubt it . .
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Old 04-02-2011, 10:01 PM   #264
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And the saga continues. Tune in next week for another exciting episode of S&S and King!
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Old 04-02-2011, 10:14 PM   #265
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That's just bizarre. I can imagine blowing the deadline by a couple hours, and file at 3am.

But not to file anything at all? Not even another extension request?
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Old 04-02-2011, 10:23 PM   #266
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Can King and S&S counter sue for damages plus attorney fee's? You know, sort of as a warning to others...
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Old 04-02-2011, 11:01 PM   #267
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Can King and S&S counter sue for damages plus attorney fee's? You know, sort of as a warning to others...
I'm also interested to know that. Don't waste our frikkin' time.
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Old 04-03-2011, 01:51 AM   #268
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The first job of the attorneys is to get the case dismissed. Then, if Ms. McNamara feels it is in her clients' best interest, she will file a motion for fees for a frivolous suit.
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Old 04-03-2011, 04:04 AM   #269
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ohhhhh this is getting fun!!
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Old 04-03-2011, 04:09 AM   #270
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ohhhhh this is getting fun!!
No, now it's getting boring.

Fun would have been the reply brief.

Now it's probably just going to get dismissed.
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Old 04-03-2011, 03:16 PM   #271
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Aww, I was hoping to see the brief, now I'm a bit sad...
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Old 04-03-2011, 07:10 PM   #272
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Even if it's dismissed won't the judge have to say something about it in his ruling? That might be interesting reading. The difference here is King's publisher would back him up. If they go after the author for fees, PA will just say sucks to be you.
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Old 04-03-2011, 08:10 PM   #273
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Unbelievable to blow off a response brief. Even if they were in dismissal negotiations, you'd ask for an continuance.
Seems to me it could be further demonstration of the lack of professionalism of the lawyer who agreed to file this absurd-on-its-face complaint in the first place. Could sanctions apply in a situation like this?

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Old 04-03-2011, 10:58 PM   #274
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Not sanctions in the Rule 11 sense. Howeveh, I would be curious to know if his client knows about this failure to file.

Even if the client owes his lawyer big buckaroos, it is unexcusable to blow off a filing deadline. The word that comes to mind starts with an "m". But, that's is all I can say without knowing the full story.
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Old 04-06-2011, 06:54 AM   #275
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HAH! Just when you all had gone to the restroom and snack bar, the game changes yet again!

A new attorney has just entered his appearance for the plaintiff and asked for an additional time to file a response to the motion to dismiss.

The new attorney alleges "excusable neglect" which is legalese for "Total FUBAR" and akin to begging. It seems the defense doesn't have a problem with the motion (why should they), so it is likely to be granted.

It seems Mr. Marquardt no longer needs the services of his previous attorney, the one who wrote and filed the lawsuit. Since attorney #1 didn't file a motion to withdraw, it is unlikely that the parting of ways was his idea.

New lawfirm is young, but has a few chops. Tomorrow I am going to surf a bit and learn about the new players. This is a namebrand lawsuit that is going to get coverage and they really have nothing to lose and everything to gain, so they are swinging for the fence.

So, restart the countdown clock to April 11, 2011.
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