Beat Goes on Order
Anyone heard about that Peter Halmos case pending before Magistrate Judge Brown?
Wonder what’s been happening lately?
The beat goes on – but rises to new heights.
Ok, an intriguing metaphor — you got me interested.
The Court has no choice but to conclude that this is the latest in a lengthy string of actions by plaintiff IYC which, among other things, “multiplies the proceedings … unreasonably and vexatiously” (see 28 U.S.C. $1927). This Court has cajoled, warned, and pleaded with plaintiff to act professionally, ethically, and appropriately, but it seems that even significant sanctions and a finding of civil contempt2 have not deferred it from proceeding down a path of obfuscation, delay, and improper and inappropriate activity.
Plaintiff “waives the flag” and argues the “catastrophic” effect on the right of Plaintiffs to a fair trial, but apparently it wasn’t “catastrophic” enough in November, 2009 to require all this discovery back then. This is, purely and simply, just another of plaintiffs smokescreens …heightened, if that were possible, by seeking sanctions against INA for their alleged (and totally unspecified) misconduct (see Resp. p. 19) … unless opposing depositions that have already been taken in another case and could easily be used herein constitutes bad faith … or opposing last minute depositions on a matter totally irrelevant to the issues in this case – and without even seeking leave of court to go there – constitutes bad faith … or unless opposing depositions set after a matter is fully briefed constitutes bad faith.
Could it get any better?
YES IT COULD:
The Court finds that this is “the last straw”. PLAINTIFF IYC IS PLACED ON NOTICE THAT THE COURT MUST CONCLUDE, IF FURTHER TRANSGRESSIONS OCCUR, THAT MONETARY SANCTIONS DO NOT SUFFICE, AND THAT DISMISSAL WILL BE THE ONLY REMEDY LEFT.
Last straw….beat goes on….ellipses……ALL CAPS….oh boy…….