Friday, October 23, 2009

Once More into the Breach . . .

I suppose that it is time for yet another update of the USCF litigation follies. There have been some . . . interesting developments, so let's get started.

After a flurry of repetitive, tiresome briefing, Judge Patel had a hearing on Polgar's motion to disqualify Kronenberger. As predicted, it was denied. Judge Patel, then, after chewing out both attorneys, sua sponte, ordered the matter transferred to Texas.

If I were Judge Cummings, in Texas, I'd be sorely tempted to send the case back to her with a box of chocolates; however, it is probably for the best that the matters be consolidated. The interaction of the discovery in the two actions was cumbersome and awkward at best. Both sides should be able to realize a substantial savings in attorney's fees.

Meanwhile, in Texas, in the course of some discovery fighting, Ms. Polgar's deposition entered the public domain. Despite a an amusing, but worthless snit by Whitney Leigh, it remains so. Despite several attempts, I have been unable to wade through the entire deposition, but I didn't see anything in it that has much effect on my opinion of the value, or lack thereof, of her claims. The deposition was also taken of a Mr. Williams who had written a letter implying that the publicity about the cases lead to the cancellation of a business venture with Polgar. At his deposition, Williams admitted, in essence, that his letter was complete bullshit. There was no prior agreement. There was no agreed upon renumeration. There was no company in business to pay the money, and Williams wasn't even really authorized to act for the company anyway. Other than that . . . it was a great letter.

Truong was also deposed, finally. No information about that deposition has made it into the public domain as yet.

The deadline for the disclosure of experts has come and gone. USCF designated Mottershead and Dr. Frederick Cohen. I discussed Cohen's findings in an earlier post.

Meanwhile, a cavalcade of summary judgment motions has begun. Jim Berry's was the first, followed quickly by several of the other defendants. Plaintiff has responded only to Berry's at this point, and I found the response to be shockingly lame.

2 comments:

  1. Has Truong's deposition testimony been posted anywhere? I'd really like to see it.

    I agree on the plaintiff's response to Berry's SJ motion. Essentially they said he was alleged to be part of a conspiracy, so he should continue in the suit. At the same time, the response offered not a shred of testimony or evidence (beyond mere assertion) that he was in fact a party to any conspiracy.

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  2. As far as I know, Mr. Truong's deposition is not yet in the public domain.

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