Apr. 27th, 2007

prgrmr: (Default)
I received in the mail today a copy of the Motion from his attorney requesting a 10 day extention to this past Monday's deadline for giving the Court a list of expert witnesses. It seems she's not heard from him and can't get ahold of him.

So, either he's chosen to split the scene, or he's back in the hospital. The last time I saw him, he was obviously on medication as he was twice his previous size, at least. So he could just be ill again, or he could be gone, and for any number of reasons. I'm going with the theory that his latest girlfriend gave him the boot and he's living with his mother or his brother again.

And, inexplicably, she's still locked into the same behavior which I've already called her out on: not strictly complying with deadlines. She filed the Motion with the Court on the 23rd, and the required Certificate of Service states she'd also mailed me a copy on the 23rd. Except the letter I got today is post-marked the 26th. Not that I'm going to object to her Motion, but fudging the service by 3 days makes it just a bit more urgent if I wanted to. She's consistently done this, and today's Motion is going to be one more line item on the eventual Motion for Sanction I'm going to file when this is all over.

OK, I just checked Pacer to see if the Judge ruled on the Motion. And he did, Motion DENIED!

I shouldn't gloat, cause I've made more than one procedural goof, but he denied it cause she didn't caption the motion correctly. She's got the bankruptcy case number listed first, no the Adversary Proceding number, so it got filed in the main case. I've uploaded a .pdf of the order.

So now I'm left to wonder if she's since gotten ahold of him, or if there'll be a refiling of the motion next week. Stay tuned...

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