Thursday, October 21, 2010

You Hardly Talk To Me Anymore...

Meet and Confer You Dummies                                                              

When I come through the door at the end of the day.

Have you wondered how "new" Magistrate Judge Goodman is doing?

Well, he's forced to put up with this crap in addressing both parties' failure to comply with the Local Rule "meet and confer" requirements:
In order to “confer,” a movant must have a give-and-take exchange with opposing counsel. Sending an email and demanding an immediate or near-immediate response and then filing a motion before having an actual substantive discussion with opposing counsel does not amount to a conference or consultation. Instead, it is a one-way missive.
Indeed, that is a problem I have generally with people unable to have civil conversations anymore.  In order to have an actual conversation, you have to approach it from the position that your own views may be incorrect, subject to change, and that you are absolutely willing to acknowledge and hear what the other person is saying and possibly even agree with it.

This is true for both participants in a true conversation.  Otherwise you are just yelling at each other, and may as well be speaking to a wall, potted plant, or (gasp!) Glenn Garvin.

I also like the "but they did it first" defense, which the Magistrate Judge addresses appropriately:
Counsel for Royal Bahamian and QBE both violated Local Rule 7.1(a)(3). The local rule permits the Court to deny all of the motions. QBE urges me to do so (for Royal Bahamian’s motions). QBE’s counsel, who apparently does not follow one of Benjamin Franklin’s better-known proverbs, asked for this severe consequence before QBE’s own, similar violations were exposed.8
The Judge's footnote then references one of Franklin's wisest proverbs: “To lengthen thy life, lessen thy meals.”

Not sure of its relevance here, Your Honor, but I totally agree with it.

So far I'm liking this judge......

10 comments:

  1. the local rule is a waste of time

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  2. this rule does nothing but waste time, give lawyers another chance to play petty litigation games, and increase legal fees.

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  3. Yeah right whatever. More federal bs procedure over substance. its all about the rules in federal court and nothing about truth justice and benjamins.

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  4. It did not take long for Goodman forgot what actual practice is like and become a condescending jurist.

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  5. Was he a litigator? You couldn't tell from this.

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  6. he was putz as a lawyer and is the same as a magistrate.

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  7. The ass award, however, goes to Charles De Leo of Fowler White Burnett in Miami. This man has the personality of a car accident. For him to be voted to manage that firm reflects how some boards will unknowinlgy drive their own company into the ground. A bigger ass cannot be found in Miami.

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  8. True about Charles De Leo; that man is a real jerk and ass. Wow.

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  9. Charle De Leo of Fowler White is a manager of the firm-too bad his partners dont realize what an ass hole he is. The guy is a car accident and a fraud.

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  10. on De Leo, i read that that firm realized he was an ass and booted him; papers down here dont get it

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