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Duke's Counter Claim filed by mistake; Oops! The Duke Insurance Claim Case
Topic Started: Feb 18 2009, 11:22 AM (1,550 Views)
RighteousThug
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Quasimodo
Feb 19 2009, 10:53 PM
Now that Nifong has apparenlty punted and decided not to appeal his bankruptcy, what remains before Judge Beaty renders his decisions?

There will be a couple of more rounds between Nifong and the plaintiffs. I wouldn't expect to see any extensions granted, or at least agreed to by the plaintiffs. Nifong's year-long dodge into BK has slowed the process down by only a few months.

All that will be done by late April or early May, then Beaty will schedule hearings. Those hearings are at Beaty's discretion; he may not see the need for them. After that, it's discovery time.
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Seen the Light

RighteousThug
Feb 20 2009, 12:30 AM
Quasimodo
Feb 19 2009, 10:53 PM
Now that Nifong has apparenlty punted and decided not to appeal his bankruptcy, what remains before Judge Beaty renders his decisions?

There will be a couple of more rounds between Nifong and the plaintiffs. I wouldn't expect to see any extensions granted, or at least agreed to by the plaintiffs. Nifong's year-long dodge into BK has slowed the process down by only a few months.

All that will be done by late April or early May, then Beaty will schedule hearings. Those hearings are at Beaty's discretion; he may not see the need for them. After that, it's discovery time.
that's for Nifong, what about the other defendants?
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RighteousThug
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Seen the Light
Feb 20 2009, 08:28 AM
that's for Nifong, what about the other defendants?

Good question, stl, and let's also make clear that all of this applies only to Evans at this point. The cycle has been completed for the other defendants, so Beaty could schedule hearings for them, if he chooses to hold them before he rules, well before answers & responses are completed in re: Nifong. In reality, all the discovery regarding Nifong will actually come from the City & the DPD anyway, so discovery could commence earlier than I suggested above.

Nifong's delaying tactics could well backfire on him - he'll get to watch his actions dug through by the plaintiffs before he's ready to initiate discovery, and will feel quite a bit of pressure. I really don't see him as being in for the long haul; I think he'll flip this Spring.
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Seen the Light

RighteousThug
Feb 20 2009, 02:42 PM
Seen the Light
Feb 20 2009, 08:28 AM
that's for Nifong, what about the other defendants?

Good question, stl, and let's also make clear that all of this applies only to Evans at this point. The cycle has been completed for the other defendants, so Beaty could schedule hearings for them, if he chooses to hold them before he rules, well before answers & responses are completed in re: Nifong. In reality, all the discovery regarding Nifong will actually come from the City & the DPD anyway, so discovery could commence earlier than I suggested above.

Nifong's delaying tactics could well backfire on him - he'll get to watch his actions dug through by the plaintiffs before he's ready to initiate discovery, and will feel quite a bit of pressure. I really don't see him as being in for the long haul; I think he'll flip this Spring.
and being that they've all been actively hiding/destroying evidence, they are ALL in the position of not knowing who will talk, what evidence gets unconvered, etc.

Loving it.
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Baldo
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sdsgo
Feb 19 2009, 10:47 PM
One question has been bugging me since your comment last summer on the size of the bathroom. Does the bathroom door open inward or out into the hallway? If the door opens inward, could you put four people in the room and close the door? Such a fact should have been readily apparent to the investigators on March 16 when they served the search warrant and collected physical evidence from the bathroom.
I am of the belief we will be shocked when we find out how soon the defense attorneys understood this case and what exactly was happening. They knew exactly where all the players were every minute.

But Mr. "Hands on his Ears while screaming Na Na Na!" Nifong refused to meet with the defense attorneys.

Let me ask you why would he think he could get away with that? It the same old same old questiion, was there ever an investigation?

So the disgraced, disbarred, former world's greatest attorney/DA sits in the biggest pile of doo doo you could ever imagine.

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