Thursday, June 24, 2010

Bill For Document Production: $2+ Million.

Simon Ton Order on Production

It's interesting to see that prominent lawyers and judges don't read fine print just like regular folks don't, but I sometimes wonder whether lawyers read rules and statutes anymore either.

Here's a pretty amusing order from Magistrate Judge Simonton, in which she denies a request by a defendant bank to compel the plaintiff to pay over $2 million for producing documents in discovery.

The alleged basis for the defendant's request is a Florida statute applicable to financial institutions only in the subpoena context, not when they are defendants producing documents pursuant to Rules 26(g) and 34.

All I can say is the Magistrate Judge is way more patient in addressing this than I would have been:
Plaintiffs obtained the documents in question from Defendant Bankatlantic through discovery. Thus, the plain language of Fla. Stat. § 655.059 states that it only applies when a financial institution provides documents pursuant to a subpoena. Therefore, it appears that § 655.059(1)(e) does not apply here, where Bankatlantic is a party to this litigation, and provided the documents at issue pursuant to discovery requests, and did not provide Plaintiffs with the documents as a non-party, pursuant to subpoena. Bankatlantic has not provided any caselaw which supports its argument that § 655.059(1)(e) applies when the financial institution is a party providing discovery.
Come on people, at least make an effort.

25 comments:

  1. Where's Magistrate Judge Brown when you need him?

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  2. you mean Magistrate Judge Brown!!!!!!!!!!

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  3. You mean Magistrate -

    http://www.freewebs.com/thedisneyclassics/DUMBO.jpg

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  4. Everyone take it easy, I'm working on releasing my second Chakra.

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  5. Where is that exactly taking place SFL, in chevy?

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  6. Releasing his second chakra in the van with the girls-- lucky bastard.

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  7. Do the SFL-girls release their second chakras in the chevy too?

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  8. Hey that's my line!

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  9. I guess none of you mofos are ewe chicago trained technicians learned in the relativism of the law. sheese, i learned (fuck that, mastered) that shit as a first year by channeling stotsky. if it actually gonna cost your guy 2 zillion stacks to produce documents, whats $20k for a flimsy motion. you guys need to start thinking outside the burrito.

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  10. 6:03, true, but maybe they should have filed the motion before spending the two mill?

    5:46, I share the philosophy expressed by Alec Baldwin's character Old Man Dunphy in Outside Providence.

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  11. How much 'windsurfing' can take place in the chevy, SFL? You ever come out for air?

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  12. How do release your second chakra?

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  13. unplugging + plugging + windsurfing + vansurfing + the chevy + the sfl-girls = one damn lucky bastard.

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  14. I can almost hear Professor Massey saying "Read the rules!"

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  15. That number is total bullshit.

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  16. What do you listen to when yours and the girls' chakras are being released SFL-- tambourine music?

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  17. @7:12, Wagner's-- The Ride of the Valkyries

    SFL keeps his girls musically educated during "windsurfing" sessions.

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  18. i love the losers who think those stupid comments are cute.

    i guess thats what happens when you havent been laid in over a year.

    ReplyDelete
  19. Ten bucks @9am is state hack Rumpole.

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