And still nothing from boy lawyer Patrick Ross ... no withdrawal of lawsuit, no Response Affidavit, no notification that he's hired a lawyer, no irrelevant motion to strike my Rule 4.33 Application, no filing for an extension ... and time is fast running out.
I'm guessing that Patrick will wait until the last minute, then spring some truly bizarre and meaningless "gotcha" trick, which will serve only to irritate the Court.
Let's watch.
REMINDER: Patrick would appear to have blown the deadline for filing and serving a properly-sworn Response Affidavit:
Let's see if he still tries to get something in (which the Court may very well reject as being out of time).
BY THE WAY, it's worth understanding that none of these recent blog posts of mine can be used by Patrick in his Response Affidavit to claim that there has been some sort of engagement with him on my part. That's because a Rule 4.33 Application is limited to investigating the three years prior to the filing of the Application, which was on July 15 of this year. So any argument that Patrick wants to make that there was some sort of recent activity cannot consider anything that happened after that date.
That also means that Patrick has no excuse for his Response Affidavit being this late since, once my Application was filed, that defined precisely what Patrick was allowed to work with (the three years before that date), and he can't argue that he still needed time to include anything from my recent blogging since then. In case that's what he was thinking.
What if Patrick submits his Response Affidavit only a couple days before the hearing? Is it guaranteed to be rejected by the Court as being too late?
ReplyDeleteAnon @ 5:18 AM: If Patrick leaves this until the last day or two, there is little doubt I could argue that it should not be admitted. *But* ... given that he has no actual defense, if he does submit a Response Affidavit, it will almost certainly be irrelevant nonsense and whiny rubbish and, if that's the case, I might be fine with allowing the Court to hear it, only because it will annoy the hell out of the Court.
ReplyDeleteIn short, if Patrick's RA ends up being as meritless as I suspect it would be, I might very well just say, "Sure, let him submit it," then wait for the Court to appreciate its worthlessness. But we'll see when the time comes.
I can't wait to see what Patrick tries to do in the next 9 days. I'm starting to think he's not even going to show up. I've checked over on Twitter and he's not talking about this at all.
ReplyDeleteAnon @ 7:04 AM: At this point, I'm not sure I care if Patrick attends the August 20 hearing or not, but there will be more going on at that hearing than just ruling on whether or not I win my Rule 4.33 Application. If he fails to attend, he won't be able to argue about some further ugly consequences of his meritless and vexatious lawsuit. You'll have to wait for more details.
ReplyDelete