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Heli
 Posted:
Thu Aug 03, 2006 5:58 pm |
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| Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
For you or anyone else who would like to have a good
PDF Reader without downloading the large Adobe Reader,
there is a great alternative, small program called :
FOXIT pdf Reader
Read about it here:
http://tinyurl.com/zx5dp
Dowload from here:
http://www.foxitsoftware.com/pdf/rd_intro.php
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Transcription Goddess
Joined: 23 Mar 2006
Posts: 23517
Location: Puffed Up DimWit
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| JennyM
Posted:
Thu Aug 03, 2006 5:59 pm |
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| Fu-Gee-La wrote: | "Plantiffs counsel made reference during the oral argument to a supplemental affidavit From Mrs. LeJeuz in which she firmly stands by her story that Karin Martina went to an Aruban government lawyer who brought her to Mrs. LeJeuz to make a complaint about the defendent. However, this affidavit was not submitted due to its production for the first time in Court during the oral arguement in New Jersey and thus beyond the supoena power of New York."
translation anyone? |
Whoever argued it for BT in court that day (blanking on his name right now) wanted to submit it to the Court during the hearing and JoeT objected saying he had never seen the affidavit before. Judge ruled in JoeT's favor and it was not admitted.
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** Banned **
Joined: 24 Mar 2006
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Location: America. Home of the brave and the free
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| Black-Tulip
Posted:
Thu Aug 03, 2006 6:01 pm |
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However, the Court of Appeals has held that "our courts should
not be under any compulsion to add to their heavy burdens by
accepting jurisdiction of a cause of action having no substantial
nexus with New York."
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Joined: 23 Mar 2006
Posts: 5593
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| charlierat
Posted:
Thu Aug 03, 2006 6:01 pm |
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| Fu-Gee-La wrote: | "Plantiffs counsel made reference during the oral argument to a supplemental affidavit From Mrs. LeJeuz in which she firmly stands by her story that Karin Martina went to an Aruban government lawyer who brought her to Mrs. LeJeuz to make a complaint about the defendent. However, this affidavit was not submitted due to its production for the first time in Court during the oral arguement in New Jersey and thus beyond the supoena power of New York."
translation anyone? |
I got this one.
First things first, JQK submitted the heresay affidavit of Helen Lejuez in his response to Joe T.'s Motion to Dismiss. In his Reply to JQK's response, Joe T. submitted the Affidavit of Karin Martina, the actual "Jane Doe" that Lejuez was attempting to speak for. Both of those Affidavits were admitted into the record.
At the oral argument in May, JQK (actually Balban or whatever the hell his name is) attempted to admit another affidavit from Lejuez that purportedly stated that Martina really did say the things that she (Lejuez) said she said in spite of Joe T.'s Affidvit directly from Martina. Joe T. objected to this offer of a new Affidavit as untimely (the Court had previously imposed a schedule for submissions of evidence that required that all evidence intended to be used in the oral argument had to made available to the Court and opposing counsel prior to the date of the oral argument) and the Court sustained Joe T.'s objection. So the second Lejuez Affidavit was not received into the record or considered by the Court in its decision.
Now, one more time in plain English. The Court had told both sides that all affidavits or other evidence that they wanted the Court to consider had to be submitted to the Court and served on the other party prior to the date of the oral argument. When JQK and Balban attempted to introduce an Affidavit at the oral argument that nobody had seen before, it was not admitted because it was not made available to the Court and the other side prior to the oral argument, as per the Court's scheduling Order.
I think that Her Honor included that in her Order in case the plaintiffs appeal her decision. That was a sustained objection that was adverse to the losing party so she spelled out her reasoning for keeping the second Lejuez Affidavit out of the record in her decsion.
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** Banned **
Joined: 24 Mar 2006
Posts: 6970
Location: If you don't know by now, don't mess with it.
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| Isanah
Posted:
Thu Aug 03, 2006 6:01 pm |
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| Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have?  
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Joined: 23 Mar 2006
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| Fiery
Posted:
Thu Aug 03, 2006 6:02 pm |
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from fu-gee-la's post:
| Quote: | | during the oral arguement in New Jersey and thus beyond the supoena power of New York." |
maybe one of the attorneys could explain this one...TIA
hmmm.....if fu's quote is correct...looks like there is something we don't know....
Last edited by Fiery on Thu Aug 03, 2006 6:04 pm; edited 1 time in total
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
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| Fiery
Posted:
Thu Aug 03, 2006 6:02 pm |
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| Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy....
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
Posts: 8848
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| JennyM
Posted:
Thu Aug 03, 2006 6:04 pm |
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| Quote: | | Now, one more time in plain English. The Court had told both sides that all affidavits or other evidence that they wanted the Court to consider had to be submitted to the Court and served on the other party prior to the date of the oral argument. When JQK and Balban attempted to introduce an Affidavit at the oral argument that nobody had seen before, it was not admitted because it was not made available to the Court and the other side prior to the oral argument, as per the Court's scheduling Order. |
Charlie--MUCH better than my shorthand description above!
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** Banned **
Joined: 24 Mar 2006
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Location: America. Home of the brave and the free
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| Isanah
Posted:
Thu Aug 03, 2006 6:06 pm |
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| Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy.... |
So funny! I just had to laugh because you are always saying you can't open something! "Bessie" needs a retirement plan!
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Joined: 23 Mar 2006
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| Heli
Posted:
Thu Aug 03, 2006 6:07 pm |
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| Fiery wrote: | from fu-gee-la's post:
| Quote: | | during the oral arguement in New Jersey and thus beyond the supoena power of New York." |
maybe one of the attorneys could explain this one...TIA
hmmm.....if fu's quote is correct...looks like there is something we don't know.... |
I noticed that too ... Confused ...
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Transcription Goddess
Joined: 23 Mar 2006
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Location: Puffed Up DimWit
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| JennyM
Posted:
Thu Aug 03, 2006 6:07 pm |
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You're welcome you all. Glad to do it.
The NJ reference is, I believe, to the fact that JQK got the affidavit in NJ, or maybe a statement or even a deposition.
Last edited by JennyM on Thu Aug 03, 2006 6:09 pm; edited 1 time in total
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** Banned **
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| Fiery
Posted:
Thu Aug 03, 2006 6:07 pm |
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| Isanah wrote: | | Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy.... |
So funny! I just had to laugh because you are always saying you can't open something! "Bessie" needs a retirement plan! |
Roflmao....so true..
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
Posts: 8848
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| SavannahStar
Posted:
Thu Aug 03, 2006 6:07 pm |
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| Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy.... |
Fiery  how can anyone be "attached" to an OLD computer? LOL! Gimme one that's always bigger better faster!!!!!!!!
Hey you're not missing much by not reading it. It's only 10 pages and not really interesting like the others were, where we didn't know any of the meat of the documents. With this one the bottom line is Joran WON, that's really all that counts. As we knew would happen.
People are posting snippets right along, also, so you'll get the general drift.
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**SuperStar**
Joined: 24 Mar 2006
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Location: Midnight in the Garden of Good and Evil
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| blenchi
Posted:
Thu Aug 03, 2006 6:08 pm |
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Re: Complete Order dismissing case _Update!!! Order here!
Jenny thanks I posted your posting on FOB too. Wonderful!!!!
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Shakin' my moneymaker!
Joined: 03 Jun 2006
Posts: 1327
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| Fiery
Posted:
Thu Aug 03, 2006 6:09 pm |
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| SavannahStar wrote: | | Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy.... |
Fiery how can anyone be "attached" to an OLD computer? LOL! Gimme one that's always bigger better faster!!!!!!!!
Hey you're not missing much by not reading it. It's only 10 pages and not really interesting like the others were, where we didn't know any of the meat of the documents. With this one the bottom line is Joran WON, that's really all that counts. As we knew would happen.
People are posting snippets right along, also, so you'll get the general drift. |
thanks ss and isanah....
but, wanted to read it to the context of what fu-gee-la quoted about New Jersey....thought that was really odd.
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
Posts: 8848
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| JennyM
Posted:
Thu Aug 03, 2006 6:10 pm |
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The Judge did not make the Twittys and Holloways pay the costs. I thought if it were dismissed she would have them pay the VdS's costs.
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** Banned **
Joined: 24 Mar 2006
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Location: America. Home of the brave and the free
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| justamom
Posted:
Thu Aug 03, 2006 6:11 pm |
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| JennyM wrote: | | The Judge did not make the Twittys and Holloways pay the costs. I thought if it were dismissed she would have them pay the VdS's costs. |
Did Joe T ask for them?
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justaMILF
Joined: 24 Mar 2006
Posts: 6604
Location: in a cute farmhouse
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| Heli
Posted:
Thu Aug 03, 2006 6:11 pm |
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| Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy.... |
So funny! I just had to laugh because you are always saying you can't open something! "Bessie" needs a retirement plan! |
Roflmao....so true.. |
A new pc doesn't mean Bessie has to go. She can
retain pride of place while the newcomer is relegated
to a corner and be used to read pdf documents, listen
to audio files etc.
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Transcription Goddess
Joined: 23 Mar 2006
Posts: 23517
Location: Puffed Up DimWit
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| Fiery
Posted:
Thu Aug 03, 2006 6:12 pm |
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| JennyM wrote: | You're welcome you all. Glad to do it.
The NJ reference is, I believe, to the fact that JQK got the affidavit in NJ, or maybe a statement or even a deposition. |
jenny, thank you...
what I am trying to find out...is...will this have any effect on the ability of JQk to appeal this in any way?
BTW, I never said you started the thread...and i am not angry with you...I just feel that sometimes it is better to ignore some things and they will not be given any power...do you understand what I meant. Why bring attention to someone or something if we don't have to?
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
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| Spuds
Posted:
Thu Aug 03, 2006 6:13 pm |
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She dismissed it WITHOUT PREJUDICE meaning the case can be brought again, but as far as I am concerned it is dead in the water.
Thanks Jenny.
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| Absalom and Achitophel
Posted:
Thu Aug 03, 2006 6:14 pm |
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You're misreading the page. NJ refers to the reference Nicolson vs Pfizer case law where in that case witnesses were in NJ.
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| Fiery
Posted:
Thu Aug 03, 2006 6:15 pm |
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| Heli wrote: | | Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | Isanah wrote: | | Fiery wrote: | | i can't read pdf documents...can someone post this please? TIA |
Somehow this doesn't surprise me! How freakin old is that computer you have? |
it's old....was my first computer...it's sentimental...don't want a new one...lol....bessie is my buddy.... |
So funny! I just had to laugh because you are always saying you can't open something! "Bessie" needs a retirement plan! |
Roflmao....so true.. |
A new pc doesn't mean Bessie has to go. She can
retain pride of place while the newcomer is relegated
to a corner and be used to read pdf documents, listen
to audio files etc. |
well, i've been thinking about a new one....but I was going to ask all of you your opinions when the case seemed quiet...and it just hasn't seemed quiet enough...
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
Posts: 8848
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| Fiery
Posted:
Thu Aug 03, 2006 6:16 pm |
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| Spuds wrote: | She dismissed it WITHOUT PREJUDICE meaning the case can be brought again, but as far as I am concerned it is dead in the water.
Thanks Jenny. |
thanks spuds....that is what I was trying to elicit from everyone...
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Who died and made YOU Darth Vader?
Joined: 23 Mar 2006
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| Daniel
Posted:
Thu Aug 03, 2006 6:16 pm |
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Did anyone else notice the error on page 4? Insure should have been ensure. I hope this doesn't invalidate the verdict 
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Joined: 23 Mar 2006
Posts: 381
Location: NL
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| JD
Posted:
Thu Aug 03, 2006 6:16 pm |
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| charlierat wrote: | Thank you for posting it here, JennyM.
Short, sweet, and to the point!
I note that the dismissal is without prejudice. But, as Perry Peabody pointed out on the "We Won" thread, it does act to bar a new action in New York through the doctrine of res judicata. |
Res judicata generally applies only when there is a final judgment on the merits. In some jurisdictions it would bar relitigating claims dismissed with prejudice for forum non conveniens (not sure about New York) but I don't believe the same is true when dismissal is without prejudice.
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