| JQK response to motion to dismiss - Goto page 1, 2, 3 Next |
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victims cry
 Posted:
Wed Apr 12, 2006 11:54 am |
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JQK response to motion to dismiss
Thanks Jenny M for getting them and Roger for hosting!
http://zqv.com/filemanager/guest/Hollowayfiling4-11-2006.pdf
http://zqv.com/filemanager/guest/Hollowayaffirmation4-11-2006.pdf
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On Vacation!
Joined: 22 Mar 2006
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| victims cry
Posted:
Wed Apr 12, 2006 12:05 pm |
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EEEK i didnt get far before I spewed laughing.
"Aruba represents a corrosive and poisonous enviroment, as menacing and prejudicial to their quest for justice as the process could possibly be"
omg
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On Vacation!
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| jmo
Posted:
Wed Apr 12, 2006 12:22 pm |
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am I the only one getting "page can not be found"?
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~Naughty By Nature~
Joined: 23 Mar 2006
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| maritzka
Posted:
Wed Apr 12, 2006 12:24 pm |
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Thanks VC, I can't get the second link to open. It says Apache error. File not found. Is it my computer?
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Joined: 24 Mar 2006
Posts: 36
Location: The Magic Kingdom
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| victims cry
Posted:
Wed Apr 12, 2006 12:27 pm |
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I just went to get the 2nd link and got the same message of file not found
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On Vacation!
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| JoJoe
Posted:
Wed Apr 12, 2006 12:31 pm |
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I got it to open 
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Joined: 23 Mar 2006
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| victims cry
Posted:
Wed Apr 12, 2006 12:37 pm |
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It seems to be fixed. May have been a glitch on rogers server
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On Vacation!
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| JennyM
Posted:
Wed Apr 12, 2006 12:39 pm |
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http://zqv.com/nataleeholloway/jennym/oppfiling411.pdf
http://zqv.com/nataleeholloway/jennym/affirm411.pdf
Roger moved them to a better server. These are the correct links now that work.
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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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| joynow
Posted:
Wed Apr 12, 2006 12:45 pm |
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Thank you, Jenny!
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Soy Bomb
Joined: 31 Dec 1969
Posts: 1180
Location: Here
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| Spuds
Posted:
Wed Apr 12, 2006 12:54 pm |
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Those affidavits are laughable at best. GMAB here. One of them says Natalee was their designated driver in high school....wow, since when do high school students need designated drivers if they don't drink or are not legal to drink until 21.
And the only thing that they all parrot is "inconvenience" to them and "fear of returning to Aruba". This is absurd!!!
Thanks Jenny once again. 
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| spngbobthebldr
Posted:
Wed Apr 12, 2006 1:07 pm |
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| Spuds wrote: | Those affidavits are laughable at best. GMAB here. One of them says Natalee was their designated driver in high school....wow, since when do high school students need designated drivers if they don't drink or are not legal to drink until 21.
And the only thing that they all parrot is "inconvenience" to them and "fear of returning to Aruba". This is absurd!!!
Thanks Jenny once again. |
But fear played second fiddle to NY being more convenient because they lived within a few miles or short train rides to the courthouse. 
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It ain't easy wearing square pants!
Joined: 24 Mar 2006
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| fsnadmin
Posted:
Wed Apr 12, 2006 1:09 pm |
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Mirrored:
http://streaming.fsnhosting.com/oppfiling411.pdf
http://streaming.fsnhosting.com/affirm411.pdf
Coral Cache links, just in case:
http://streaming.fsnhosting.com.nyud.net:8090/oppfiling411.pdf
http://streaming.fsnhosting.com.nyud.net:8090/affirm411.pdf
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| amicus
Posted:
Wed Apr 12, 2006 1:11 pm |
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Does JQK ever sign anything himself?
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Joined: 23 Mar 2006
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| victims cry
Posted:
Wed Apr 12, 2006 1:15 pm |
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WOW than you fsn!!!
No way that they will be unavailable ever then lol.
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| arubagirl
Posted:
Wed Apr 12, 2006 1:26 pm |
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Thank you, Jenny.
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| joynow
Posted:
Wed Apr 12, 2006 1:34 pm |
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I didn't get three pages into it before my blood pressure started to rise. 
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Soy Bomb
Joined: 31 Dec 1969
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| charlierat
Posted:
Wed Apr 12, 2006 1:47 pm |
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Thank you, Jenny.
I just finished reading both submissions. After it's had a little chance to sink in, I'll make a more detailed response. My initial impressions are as follows:
I must first correct myself on something I stated in my blog entry. Alabama Code Section 6-5-390 does allow a parent to bring actions for injuries to their minor children. I had stated that it only allows for actions for wrongful death. I correct myself on that point. It does not change the basic conclusion that I reached with my blog entry: that is that the lawsuit should never reach the point where the merits are at issue but, if it does, the evidentiary problems that the Plaintiffs would face would be staggering. The best the Plaintiffs can do at this point is to speculate that Natalee suffered some form of actionable injury. Speculation is, on its face, inadmissible.
An interesting twist to 6-5-390 is that when the parents are no longer lawfully married, it only allows the custodial parent to bring and maintain the action. Dave is SOL on this one. (There is also a question as to whether an 18 year old would still be considered a minor child for the purposes of this statute but it really doesn't make any difference. Either parent can bring a common law action as "next friend" of an adult child if the child cannot bring the action for herself. So it's six of one, half dozen of the other.)
The Affidavit of Helen Lejuez is blatent hearsay and is due to be stricken. In her Affidavit, Lejuez describes a statement allegedly given to her by a then 16 year-old American girl in which she recounts a sexual attack on her by Joran. Textbook hearsay. In fact, most of the Affidavits contain nothing of probative value. The Plaintiffs obviously found all of Natalee's former classmates that are now attending college in the Northeast and got them to provide the Affidavits. Sticking just to the matters alleged in the civil Complaint, none of these former classmates of Natalee can offer any meaningful testimony about Joran's predatory proclivities nor can they offer anything other than speculation as to what may have happened to Natalee after they last saw her at Carlos & Charlies.
The Plaintiffs' claim that the van der Sloots were able to "hop on a plane" to New York and stay in a nice hotel while they were in town is specious at best. There can be no doubt that ABC provided the van der Sloots with the airline tickets and the hotel room. The financial burden on the van der Sloots to come to New York to defend themselves has not been rebutted.
Lastly, I stand by my blog entry inasmuch as I concluded that the Complaint was thrown together in haste after JQK found out about the ABC interview and the van der Sloots' itinerary. I believe JQK as much as admits this to be the case when he discusses why the suit was filed in New York in the first place.
Last edited by charlierat on Wed Apr 12, 2006 2:48 pm; edited 2 times in total
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| charlierat
Posted:
Wed Apr 12, 2006 1:53 pm |
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And one more thing about the Affidavits from the former classmates. Many of them state that they want to set the record straight about Natalee's character and/or her relationship with her mother. They state that they want to do this because these issues have been raised by the Defendants in their defense of this lawsuit.
Sorry but I don't see where these issues were raised in any of the pleadings. The only issues raised by the defense have been technical issues regarding proper forum and jurisdiction.
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| Spuds
Posted:
Wed Apr 12, 2006 2:25 pm |
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| charlierat wrote: | And one more thing about the Affidavits from the former classmates. Many of them state that they want to set the record straight about Natalee's character and/or her relationship with her mother. They state that they want to do this because these issues have been raised by the Defendants in their defense of this lawsuit.
Sorry but I don't see where these issues were raised in any of the pleadings. The only issues raised by the defense have been technical issues regarding proper forum and jurisdiction. |
I found that very strange. It seems the defending of Natalee's character is a big issue in this case. Why is that?
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| charlierat
Posted:
Wed Apr 12, 2006 2:52 pm |
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| Spuds wrote: | | charlierat wrote: | And one more thing about the Affidavits from the former classmates. Many of them state that they want to set the record straight about Natalee's character and/or her relationship with her mother. They state that they want to do this because these issues have been raised by the Defendants in their defense of this lawsuit.
Sorry but I don't see where these issues were raised in any of the pleadings. The only issues raised by the defense have been technical issues regarding proper forum and jurisdiction. |
I found that very strange. It seems the defending of Natalee's character is a big issue in this case. Why is that? |
I said something this morning on another thread; I'll repeat it here. If the facts aren't on your side, argue the law. If the law isn't on your side, argue the facts. When neither is on your side, baffle them with bullshit.
The Plaintiffs seem to be resorting to Plan C. The van der Sloots have not put Natalee's character into issue before the New York Court. All that crap about Bible Clubs and designated drivers is just a smokescreen to garner sympathy.
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| Spuds
Posted:
Wed Apr 12, 2006 2:59 pm |
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Thanks Charlie. I agree with your interpretation....especially about dazzling them with BS.
And it is being done to garner sympathy.
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| Walker
Posted:
Wed Apr 12, 2006 3:01 pm |
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If I'm not mistaken one of them seems to be lying in her affidavit. She claims she was at the blackjack table, but in the video I never saw her there. Does anyone else see this?
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| Pooky
Posted:
Wed Apr 12, 2006 3:08 pm |
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| Spuds wrote: | Those affidavits are laughable at best. GMAB here. One of them says Natalee was their designated driver in high school....wow, since when do high school students need designated drivers if they don't drink or are not legal to drink until 21.
And the only thing that they all parrot is "inconvenience" to them and "fear of returning to Aruba". This is absurd!!!
Thanks Jenny once again. |
Oops!
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Got A One Way Ticket
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| MoonShadows
Posted:
Wed Apr 12, 2006 3:40 pm |
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| Spuds wrote: | | charlierat wrote: | And one more thing about the Affidavits from the former classmates. Many of them state that they want to set the record straight about Natalee's character and/or her relationship with her mother. They state that they want to do this because these issues have been raised by the Defendants in their defense of this lawsuit.
Sorry but I don't see where these issues were raised in any of the pleadings. The only issues raised by the defense have been technical issues regarding proper forum and jurisdiction. |
I found that very strange. It seems the defending of Natalee's character is a big issue in this case. Why is that? |
That's what Beth has been trying to do since day one! Otherwise, in her mind, Beth's damages will be mitigated by Nat's own behavior. 
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| pax
Posted:
Wed Apr 12, 2006 4:08 pm |
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Thanks JennyM, for obtaining this!
Thanks CharlieRat, for your excellent analysis.
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