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Prenda's Brett Gibbs Objects To Pretty Much Everything, Including Use Of Hansmeier Deposition
from the but-of-course dept http://www.techdirt.com/articles/20130308/01002222249/prendas-brett-gibbs-objects-to-pretty-much-everything-including-use-hansmeier-deposition.shtml
This probably will come as little surprise given his earlier objections, but Prenda Law's Brett Gibbs has filed yet another series of "objections,"
filed by his recently obtained legal representation from the law firm
of Waxler, Carner, Brodsky. Like the last time around, the objections
follow the same pattern, basically arguing that pretty much everything
Morgan Pietz has said or filed is "irrelevant" along with a rotating
cast of other objections: hearsay, lacks foundation, argumentative,
assumes facts not in evidence, speculation, etc. Some of these
objections seem obviously ridiculous. For example, he objects as
"hearsay" (among other things) a statement from Pietz about Gibbs filing
different versions of the same motion. This is, to put it mildly,
overkill.
Not surprisingly, the objections include the use of the Paul Hansmeier deposition which got so much attention yesterday. The specific objections here: irrelevant, lacks foundation and/or personal knowledge, hearsay, speculation, argumentative, assumes facts not in evidence, improper characterization of evidence, improper authentication of document. The idea that the document is irrelevant is simply laughable.
It's somewhat surprising that Gibbs and his lawyers felt this was a productive use of their time. As was covered pretty clearly in Ken "Popehat" White's big analysis of the case, it's quite clear that Judge Otis Wright is not buying Brett Gibbs' story, at all. In fact, he's taking an incredible level of interest in the details of the case, in a manner that suggests he does not trust Gibbs at all. Given that, you would think that filing a list of objections like this not only will not have the hoped for effect, but might actually do the exact opposite. It serves to highlight just how worried Gibbs is that this evidence will be used by Judge Wright in exploring the depths of Prenda's actions. Yes, some lawyers think that you should object to everything imaginable just in case it works. But, in this case, with the Judge making it pretty damn clear that he doesn't believe Gibbs and wants to get to the bottom of what's going on with Prenda, taking such an aggressive stance to all of this evidence seems like it could be a pretty big miscalculation. It does fit with Gibbs' and Prenda's standard operating procedures, but considering how badly that's failed in this case so far, you'd think that someone would have the sense to suggest he let up on the throttle a bit.
Not surprisingly, the objections include the use of the Paul Hansmeier deposition which got so much attention yesterday. The specific objections here: irrelevant, lacks foundation and/or personal knowledge, hearsay, speculation, argumentative, assumes facts not in evidence, improper characterization of evidence, improper authentication of document. The idea that the document is irrelevant is simply laughable.
It's somewhat surprising that Gibbs and his lawyers felt this was a productive use of their time. As was covered pretty clearly in Ken "Popehat" White's big analysis of the case, it's quite clear that Judge Otis Wright is not buying Brett Gibbs' story, at all. In fact, he's taking an incredible level of interest in the details of the case, in a manner that suggests he does not trust Gibbs at all. Given that, you would think that filing a list of objections like this not only will not have the hoped for effect, but might actually do the exact opposite. It serves to highlight just how worried Gibbs is that this evidence will be used by Judge Wright in exploring the depths of Prenda's actions. Yes, some lawyers think that you should object to everything imaginable just in case it works. But, in this case, with the Judge making it pretty damn clear that he doesn't believe Gibbs and wants to get to the bottom of what's going on with Prenda, taking such an aggressive stance to all of this evidence seems like it could be a pretty big miscalculation. It does fit with Gibbs' and Prenda's standard operating procedures, but considering how badly that's failed in this case so far, you'd think that someone would have the sense to suggest he let up on the throttle a bit.
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