Time is getting short for increasingly desperate and frightened undischarged bankrupt Patrick Ross to file and serve his mandatory Response Affidavit if he wants to contest my Rule 4.33 Application, although it's unclear what he would even put in that Affidavit since he has no defense.
The only two defenses against such an Application are either:
- He did something in the last three years to significantly advance his lawsuit (he did nothing), or
- There was an official and signed agreement or court order to suspend activity (there is not).
So while Patrick really needs to get a move on and produce that Affidavit, it's not at all clear what it might even theoretically contain.
Just be sure to keep August 20 open for the (Webex-available) hearing.
MORE DETAIL: Sometimes, it's worth rewording your question to Google to get more detail, so I asked, "How can someone object to a Rule 4.33 Application?", and I got the following:
so let's examine the grounds for objection one at a time:
- We've already covered the "Significant Advance" part -- Patrick has done nothing in three and a half years to move this case along. Nothing. So that point fails.
- Is there a "format standstill or extension agreement" between the parties involved? No. Two down.
- Has there been any "court-ordered" extension, stay or adjournment? Nope. Three down.
- Have I (the Applicant) participated in any "substantive steps" in this case that would have reset the three-year clock? Absolutely not.
Having established all of the above, it's not clear what Patrick would do with the "Steps to Oppose in Court" since, quite simply, he has nothing. So it will be interesting to see what happens in the next 15 days.
6 comments:
Having watched Twatsy for many years, I'm going to predict that that hearing is not going to happen on August 20 for any of a number of reasons.
First possibility is that he'll drop the lawsuit on August 19, then refuse to pay the costs that will be ordered against him. Then he'll just sue you again the next day for the same reasons and start all over again.
Second possibility: he'll file for an extension, complaining about how he's depressed and suicidal and just can't muster the energy (even though he's been posting tweets and YouTubes all this time).
Third: He might wait until the last day, then sue you for something else and demand that the court needs to settle that lawsuit first. (Isn't that what he did before?)
Or he might just not show up and not give any reason, then try to appeal the ruling later.
Any of this sound familiar? Anyway, that's my prediction -- Patrick will try something sneaky and unexpected just before the hearing so that the hearing doesn't happen.
Anon @ 10:05 AM: We have already considered all of these possibilities and more, and are prepared for all of Patrick's sneaky, "ambush"-style responses. Given that he was served on July 15 and acknowledged said service almost immediately, he has little excuse for last-minute dramatics. Also, any game-playing by Patrick will have ug;y repercussions for him far beyond just this Application, but I'll explain all of that after the hearing.
If Patrick had any sense, he would get a lawyer, but I doubt that would do him much good at this point.
What happens if Patrick just submits a bunch of whining about you "surveilling" his house and "harassing" and "intimidating" him? What would the Court do with that? Would it even read it?
Anon @ 10:38 AM: As I understand it, even if Patrick's' Response Affidavit is pure rubbish, the Court must still read whatever he submits, at which point the Court is free to (as it did once before) dismiss it as irrelevant nonsense.
Also, filing and serving something like that would just annoy the Court. Remember, he did that once before, and the judge in that case not only dismissed his filing as "baseless and scandalous" (her words) but awarded me enhanced costs because of it. So Patrick is free to submit junk, but all it will do is piss off the judge.
"but all it will do is piss off the judge"
Yup - but that's about the only argument skill he has left.
Here's another possibility: Patrick might wait until close to the hearing, then suddenly announce that he's hired a lawyer and needs an extension to consult with that lawyer to properly prepare his defense.
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