eesh Wrote:
-------------------------------------------------------
>
CourthouseObserver Wrote:
> --------------------------------------------------
> -----
> > I had a couple of hour-long break in my
> schedule
> > this morning, and so I decided to drop into
> > Fairfax County Circuit Courtroom 4F to observe
> as
> > much as I could of today's proceedings in the
> case
> > of Misery v. Eesh.
>
>
> No, the judge didn't enter the courtroom until
> 10:20, and it was well past 12:00 when I got
> finished. You weren't there because you "had a
> break."
>
>
>
> My Bottom-Line take on the situation is that
> Eesh
> > is in a lot of trouble here.
>
>
> No, not actually, but keep wishing that if it
> makes you feel better.
>
>
>
> First, the atmospherics...
> >
> > The court was entertaining pretrial and
> > interlocutory motions, rather than conducting
> > trials and so, for the most part, those present
> in
> > and addressing the court were attorneys for
> > plaintiffs and defendants who were arguing
> their
> > motions before the court.
>
>
> It was just a motions day. Very mundane and mostly
> continuances before we got to be heard. If your
> idea of entertainment is listening to attorneys
> asking for continuances, more power to you.
>
>
>
> Eesh was there, accompanied by Lizzy, and
> they sat
> > together in the back row until their case was
> > called.
>
> > Eesh was smartly dressed, with well-pressed
> Khaki
> > pants, a blue blazer, a dress shirt and tie.
> Lizzy
> > was conservatively dressed in black in what
> > appeared to be business attire and running
> shoes.
> > While Lizzy sat beside him for much of the time
> > that the court was in session, she left the
> > courtroom occasionally (to make phone calls, I
> > believe) and returned each time. Indeed, she
> > actually was out of the courtroom when the
> Misery
> > v. Eesh case was called before the judge and
> > missed most of the proceedings.
>
>
> I get it, you were there and you really want us to
> know you saw us.
>
>
>
> Someone who I assumed was Misery was there,
> as
> > well, sitting by himself dressed much more
> > casually.
>
>
> No, the plaintiffs weren't there, just the
> attorney. It was just a motions day.
>
>
> Misery's attorney was unconventional in his
> > appearance, in that he had long, flowing hair
> and
> > a good amount of facial hair. But he was
> > professionally dressed in a dark suit, dress
> > shirt, tie, and pocket square, and he comported
> > himself well professionally during and after
> the
> > proceedings.
>
> Again, you proved your point. You were there,
> congratulations.
>
>
>
> The biggest surprise for me, though, was that
> Eesh
> > was appearing pro Se, which (for the few FFX
> > Underground users who are not attorneys) means
> he
> > was without counsel.
>
>
> This was already known on the site.
>
>
> The purpose of today's proceedings was for
> the
> > court to hear arguments and rule on a motion by
> > Eesh's attorney for summary judgement in the
> case.
>
>
> No, it was a motion for default judgement. Summary
> judgement is entirely different.
>
>
>
> As best as I can understand it (I did not
> speak
> > to any of the parties after the proceedings to
> > confirm this), the motion was predicated on the
> > fact that Eesh did not file a response to the
> suit
> > within the time period required by law and
> still
> > had not filed a response.
>
>
> You should have listened more instead of noting
> how I was dressed.
>
>
>
As a general matter,
> > when this occurs, a plantiff (the charging
> party)
> > will ask the court to enter a summary judgement
> > against the defendant (the person who is being
> > sued) and in favor of the plaintiff.
>
>
> Charging party? LOL You mean moving party. Again,
> default judgement, not summary judgement.
>
>
>
>
> Eesh's "defense" to the motion for summary
> > judgement was to file a motion of his own,
> asking
> > the judge to quash service (ask the judge to
> rule
> > that he, the defendant, had not been properly
> > served or given notice of the suit and/or not
> > given proper notice of the motions filed by the
> > plaintiff).
>
>
> It wasn't a defense. It's called a motion to quash
> process pursuant to § 8.01-277. You should have
> listened more.
>
>
>
> Misery's attorney presented a compelling case
> in
> > favor of his motion for summary judgement,
> > asserting that the suit and notice had been
> > properly served by the Sheriff, offering the
> court
> > proof of the same, and asserting that Eesh had
> not
> > responded to the suit in the proper timeframe.
>
>
>
>
> No, I responded in a timely manner, noting the
> incomplete service. § 8.01-296(2)(b) lays out
> what is needed when the service is posted to a
> door of an abode.
>
> Again, you should have been listening.
>
>
>
He
> > asked that, in the alternative, if the judge
> > declined to make a summary judgement in favor
> of
> > Misery, that she award Misery $1,900 in
> attorneys
> > fees and costs that had been incurred so far to
> > research, prepared, file, and argue the motions
> > and that said fees and costs be paid as a
> > precondition to allowing Eesh to continue in
> the
> > case without summary judgement.
>
>
> That's not what he said. LOL at "precondition". At
> this point you are making things up.
>
>
>
> Appearing on his own behalf, Eesh offered no
> > defense to not having responded to the suit.
> > Instead, contended that he had not been
> properly
> > served and asked the judge to quash
> service.
>
>
> You don't defend yourself on motions day, you
> explain what happened. It's not a defense, and the
> judge accepted my explanation.
>
>
>
> The judge agreed with Misery's attorney that
> > service had been properly made; that Eesh had
> not
> > responded at all, let alone within the
> timeframes
> > required by law; and that grounds were there
> for
> > summary judgement.
>
>
> No, this is more bullshit from you. The judge
> noted the service was incomplete, as the steps
> laid out in § 8.01-296(2)(b) had not been
> followed. She also noted that I did respond, and
> she even said that default judgement cannot occur
> when service is posted to a door of an abode.
>
>
She indicated however, that
> > she was reluctant to do so in this instance at
> > this time, in part because Eesh was appearing
> Pro
> > Se.
>
>
> More bullshit from you. The fact I was there Pro
> Se had no impact on her ruling against the motion
> for default judgement, or summary judgement as you
> are determined to call it.
>
>
>
She castigated Eesh for not responding to the
> > suit, as well as for his motion to quash
> service
> > -- both on the merits of the motion and for his
> > failure to properly file it.
>
>
> Castigated? Not at all. The motion to quash
> process had merits, which why she didn't deny it.
>
>
>
> Eesh appeared confused about the legalities
> of the
> > situation he is in and of what he needs to do
> in
> > order to defend himself, saying several times
> that
> > he has no legal training; that he is attending
> > school on the GI Bill and has no money for
> > attorneys; and that he had consulted an
> attorney
> > who wanted $10,000 from him to take the case,
> > which he did not have.
>
>
> Seriously LOL Where are you getting this from?
>
>
>
> The judge was having none of it.
>
>
> Actually, she was very laid back and friendly, but
> we'll go along with your melodramatic story.
>
>
>
> She told him that he was gambling by not
> having
> > counsel and that, at the very least, he needs
> to
> > talk with one. She quizzed him on several
> aspects
> > of court procedure. He was unable to
> > satisfactorily answer her.
>
>
> Again, listen more, dramatize less. The lawyer
> called me a gambler for acting pro se.
>
>
>
> In the end, she cut him a MAJOR break.
>
>
> ...but you just said "she was having none of
> that."
>
>
>
>
> She denied both the motion for summary
> judgement
> > and the motion to quash service.
>
>
> She denied the motion for default judgement, the
> motion to quash service will be heard again.
>
>
>
>
However, she
> > gave Eesh ten days to either respond to the
> suit
> > or properly file a motion to quash service,
> > whichever he chose to do. On the request by
> > Misery's attorney for attorneys fees, she
> denied
> > that request without prejudice, saying that the
> > attorney could bring that up again at the
> > appropriate time.
>
>
> Again, your story doesn't add up. You say she
> denied the motion to quash process, now you say
> she is allowing 10 days to refile. You can't have
> both.
>
>
>
> Eesh is in trouble.
> >
> > My free legal advice to him is ...
>
>
>
> Free legal advice from an e-lawyer. This is going
> to be good.
>
>
> First, get an attorney. If you cannot afford
> one,
> > SURELY you can find a First Amendment attorney
> > (ACLU, perhaps?) who would do it for free.
>
>
>
> Sounds like you have experience with crying to the
> ACLU for help. Let me guess, your civil rights
> were trampled upon at one point.
>
>
>
This
> > is a significant case that could have
> implications
> > far beyond FFX Underground
>
> Don't kid yourself. This is a vexatious lawsuit,
> pure and simple.
>
>
>
> Misery's attorney is good. You
> > have little hope of prevailing if you are not
> > represented, as well.
>
>
> Fortunately, you don't know what I've been told by
> the attorneys that I have consulted.
>
>
>
> Second, stop posting on Fairfax Underground
> until
> > this suit is over. Nothing you could possibly
> > post can help you. But you have no idea how
> > things you might post might hurt you.
>
>
> I know you want me off the site, and I know that
> it pains you that I have never been banned, but
> try harder with the pseudo-advice.
>
>
>
> Third, as wonderful a person as Lizzy might
> be (I
> > offer neither an endorsement nor a commendation
> of
> > her), you might not want to show up with her in
> > court.
>
>
> She has no part in this suit, she was there to
> take care of something.
>
>
>
If you want her to be a witness for you,
> > she might not be permitted to testify on your
> > behalf if she has been prejudiced by viewing
> prior
> > proceedings.
>
>
> You mean......she could be impeached as a witness?
> Is that what you are attempting to say?
>
>
>
And she DOES have pending felony
> > charges against her (although, from what I can
> > tell, those charges might well be bogus).
> >
> > More later...
>
>
> ...and that has no relation to this suit. Somehow
> that escapes you.
>
>
>
>
> So, the gist from this is, you wrote a lot of
> bullshit, you clearly weren't listening. You were
> more interested in taking note of what I was
> wearing than actually listening to the motion.
> You also want me off the site and want me to stop
> associating with lizzie. Basically, you are
> threatened by our presence on the site, but not
> threatened enough to sit by us in person.
interior/final scene:
Ransom Stoddard: "You're not going to use the story, Mr. Scott?"
(Ransom Stoddard, standing by the printing press, having just finished explaining the truth--that the late, good-hearted rancher Tom Donophin actually shot outlaw Liberty Valance, not him; a draft of newsman Maxwell Scott's story sits on the bureau, just out of Ransome's view)
Maxwell Scott: "This is Fairfax Underground, sir. When the legend becomes fact, print the legend."
(Maxwell Scott picks up the draft lying on the bureau, then pauses a moment, grunts and stops in his tracks, brow furrowed suddenly and inexplicably; slowly, turns back around to face Ransom, incredulity written in his face)
Maxwell Scott: "Shit, Ranse....I don't reckon we got enough ink in all of Fairfax to print even this here legend, though....you sure this is how it happened? Let me look at my notes....something mighty off about this here draft...wait just a second..."
(eyes scanning over the draft, a look of horror replaces the incredulity)
Maxwell Scott: "Ransome....this ain't my draft at all, it's--it's--"
(Liberty Valance suddenly rises from his grave, bursts through the doors and whips out his mossberg; shoots Stoddard and Scott dead; begins printing the story anyway)
Liberty Valance (in Sergio Leone-style close-up): "Well, 'pilgrim'...ya' wanna say that yella' bellied lilly livered egg-suckin' dog Tom Donophin actually shot the great Liberty Valance? Heh...'that'll be the day'..."
(close-up of blood-soaked Liberty Valance-drafted story, swapped out with Scott's original draft...printing press in motion)
end(?)
/
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