Judge Shea Lets the Goat Change His Answers

The Goat had a  big celebration in his garage that he turned into a goat barn this weekend.  The Goat danced with the baby goats, chickens and ducks who live in his barn.  This past Friday Judge Shea allowed the goat to change the answers on the requests for admissions.

Some months ago Plaintiff Mirlis requested that the Goat either admit or deny questions about whether he sexually molested Mirlis, Avi Hack or Mordechai Biser.  For over two months the Goat failed to respond, deeming the questions admitted. The Goat subsequently filed a motion requesting that he be allowed to change his answers to denials.  Mirlis objected to the Goat’s motions arguing that the Goat invoked the Fifth Amendment when asked these questions during his deposition, which was inconsistent with his answers to the written questions.

The Goat first argued that he never got copies of the paperwork and that was why he didn’t respond.  The Goat ate his homework.  He then argued that he was offended by the questions.  Then the Goat tried to stall everything by claiming he had hired a different attorney who was going to argue these motions, and this new attorney needed more time to prepare.  The name of this mystery attorney was never revealed by the Goat.

The Goat can now celebrate.  Judge Shea allowed the Goat to change his answers.  The Goat has now officially denied that he raped Mirlis and Hack as children, and has officially denied that he had an adult homosexual relationship with Avi Hack and Mordechai Biser.

Judge Shea did not provide any explanation for his ruling.  He merely stated that it was based on the reasons he gave during the telephonic conversation between the attorneys.  This conversation may have been recorded by a court recorder.

Judge Shea cut the Goat a break.  Mirlis has time to file an appeal of this order.  We shall see what happens.

Mirlis has a very compelling case.  It will be very hard for a jury to disbelieve shocking testimony of child rape victims talking for days about details of the depraved behavior of the goat.  How do you cross examine Mirlis and Avi Hack, who know intimate details about the Goat’s body and behavior that only the Goat’s wife should know?  How do you cross examine such victims without coming across as a goat yourself?

If the Goat takes the witness stand and denies everything he will get hammered on cross examination.  As soon as he takes the witness stand he opens the door to all sorts of uncomfortable questions.  The Goat would have to explain why he took the Fifth Amendment and then decided to deny everything.  The Goat would have to explain why he changed his story from losing the paperwork at one point to refusing to answer because he was offended by the questions.   Attorney Ponvert could even ask the Goat about his violent propensities, and ask about how the Goat recently kicked and threw Larry Noodles down the stairs of his shul.

Here is a copy of Judge Shea’s order:

ORDER. The Court hosted a telephonic status conference today at which Antonio Ponvert, attorney for the plaintiff, and William Ward, attorney for the defendants participated. At the conference, the following topics were discussed: (i) the status of discovery in the case and (ii) defendant’s pending motions concerning defendant’s proposed amendments to correct his responses to plaintiff’s requests for admissions.

With respect to discovery, both counsel indicated that discovery was substantially complete, but defense counsel indicated that the parties are still awaiting a ruling on the pending motion to compel additional deposition testimony of Aviad Hack. The parties anticipate completing discovery by February 1, 2017 and complying with the other deadlines set forth in the scheduling order.

For the reasons stated at the status conference today, I hereby order as follows:

1. Defendant’s motion to withdraw document 82 and file amended responses to requests for admissions is hereby GRANTED. In light of this order, defendant’s motion to amend/correct responses to request for admissions and motion for leave to file reply to objection are hereby DENIED AS MOOT.

2. Within 14 days of this order, plaintiff’s counsel shall file an affidavit setting forth fees and costs associated with (i) responding to defendant’s request to allow the acceptance of late responses to request for admissions and request for permission to file untimely responses, and (ii) preparing for and participating in the telephonic conference today. Plaintiff’s counsel may file with the affidavit a memorandum in support of his fees and costs. Within 14 days of plaintiff’s submission, defendants may file a response that either (i) avers that defendants have paid the costs and fees set forth in plaintiff’s affidavit and attaches proof of such payment or (ii) avers that defendants have paid a portion of the costs and fees set forth in the plaintiff’s affidavit, attaches proof of such payment, and disputes the remaining fees and costs as being unreasonable and provides a basis for such dispute.

Signed by Judge Michael P. Shea on 1/27/2017. (Howard, H.) (Entered: 01/27/2017)

 

 

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