Monday, June 21, 2010

Notice of Intention

The two civil case vs. Johnny Chisholm relentlessly continue forward. Late last week the magistrate in the DeForest case, noting the current procedural status of the litigation, asked how the plaintiff intended to proceed from this point on:



And DeForest, in turn, replied with this Notice of Intention:




Clearly, despite all the delays, Ray DeForest is not giving up, neither as to the discovery documents he wants, nor to the case as a whole.

And there's one paragraph worthy of special notice here, I think (hyperlinks mine):

"Plaintiff had been expending money on discovery that was being ignored so he sought default as suggested by this Court. Ultimately, Defendant Chisholm claimed poverty but provided no excuse for his non-compliance. This Court ruled judgment was too harsh a penalty because Chisholm was unrepresented. Recently, Defendants’ previous counsel, who filed multiple motions to withdraw and acknowledged discovery failures, has shockingly sent letters to media outlets threatening actions on behalf of his client Mr. Chisholm. This brazen approach may further show a game by Defendant Chisholm of hide and seek. He begged the Court for mercy because he had no counsel while paying counsel to threaten others. All of this shows Defendants’ games which require more discovery and time due to their refusals to comply."
The Bardfield case continues as well. This Order sets out a deadline for the parties to confer, so that discovery can finally begin (probably in July):



The deadline for the parties to meet and confer is June 28, with a joint report due 10 days after.

3 comments:

  1. Any more updates on the DeForest case?

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  2. Yes, some stuff came out yesterday...a proposed joint scheduling order that was a bit late (due to foot-dragging by the defendants), then an amended scheduling order from the magistrate.

    I'll post copies soon, but in the meantime, here's what the upcoming schedule for the DeForest case looks like:

    Deadline to add parties/amend pleadings: September 15, 2010
    Discovery completed by: November 15, 2010
    Dispositive motions filed by: December 15, 2010
    Proposed trial date: May 2011

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