Our Long National Rosh Hashanah Nightmare is Over!

Way back in September we did a wee little post about Gene Stearns getting sanctioned by Judge Freeman for refusing to move a deposition scheduled for Rosh Hashanah, which got picked up by AboveTheLaw.

We followed that post with Gene's motion for reconsideration, which provided some context for what the parties were arguing about, and in the comments I even offered a solution.

Well Judge Greeman has granted the motion for reconsideration, which you can read here.

Well done!

(The Judge still would have required the deposition to be moved to another day.)

Of course I found this part interesting:
Shortly after this Court's order awarding sanctions was ordered, a story appeared in two blogs widely read by practicing attorneys both locally and nationally (ed. note -- thanks Judge!), interpreting the behavior of Plaintiff's counsel -- and this Court's apparent condemnation of it -- in a manner that grossly distorts the truth and reflects both badly and unfairly on the legal system in general and Plaintiff's counsel in particular.   Plaintiff's counsel says about the blog postings that it is difficult to say which was worse, being falsely described as anti-Semitic or being falsely supported for being anti-Semitic.  The Court is sympathetic to that view.
Hold on, Judge -- if you look at our two postings we tried to play it pretty fair and even posted Gene's motion for reconsideration in full.  And we don't let commenters go crazy like they do on ATL (or the Herald, for that matter).

Still, it's nice to be loved.


  1. What bullshite! Dirtbag sets deposition on obscure holiday, then screams,"OBSCURE HOLIDAY" and gets the deposition moved. Thousands of dollars spent, and the litigation is advanced not a bit. Nothing gained, but money in the pockets of lawyer churning a file.

    Civil discovery is nothing but endless games that bleeds clients until the other side dies from loss of blood.

    In this case, the churning party wins, as always.

  2. I am a non-jew and can say with confidence that no Jewish holiday in Miami or Broward is "an obscure holiday."

    Calling the jewish high holidays "obscure" in S.Fla. is like calling Miami-Cubans "a minor and under-represented minority." Perhaps true in other parts of the world, but not here!


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