The Spam Diaries

News and musings about the fight against spam.
 by Edward Falk

Monday, April 24, 2006

Little bit of good news in ongoing jurisdiction hearing

As you may recall from an earlier post, Harristhal had asked the court for permission to introduce additional expert witnesses and testimony in the middle of the jurisdiction hearing. (The hearing was held in late March and was continued to early May.) This would have meant even more affidavits all around, and would have required us to get our own expert witnesses. This certainly would have resulted in further delays and further costs. As it was, we wasted a lot of time and money filing briefs back and forth over whether this should be allowed.

Harristhal's main argument was that we had "surprised" him in mid-hearing by asserting that there was no conspiracy between myself and Ritz (here's a hint Mr. Harristhal: next time read the affidavits we file; it's what your client is supposedly paying you for.) In addition, Harristhal insisted we had waived argument over conspiracy by not introducing it previously.

Friday, Judge Irby handed down two decisions:

1) Plaintiff's Memorandum request for permission to call additional witnesses on the issues of conspiracy jurisdiction is hereby DENIED.

2) Defendant, Ed Falk has not waived any defense of the issue of conspiracy jurisdiction. The Evidentiary Hearing continued to May 9, 2006, will be held in compliance with this Court's earlier Order dated March 7, 2006.

That's two more decisions in our favor. I haven't been keeping score, but I think that except for the judge's decision to allow Harristhal access to my private emails to my lawyer (from before she was my lawyer), every decision in both cases has been in our favor.

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