| KC analysis on Beaty's decisions | |
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| Tweet Topic Started: Mar 31 2011, 08:56 PM (535 Views) | |
| Quasimodo | Mar 31 2011, 08:56 PM Post #1 |
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| Quasimodo | Mar 31 2011, 08:59 PM Post #2 |
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| Walt-in-Durham | Apr 1 2011, 11:38 AM Post #3 |
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KC, like all of us is trying to work through an almost 500 page ruling. Thus, I do not want to be too critical of his work. However, I must point out that just because Larry Moneta has been dismissed as a party defendant does not mean he cannot be deposed. In fact, Federal Rule 30 (a)(1) holds: "A party may take the testiomony of any [emphasis added] person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph (2)." Paragraph (2) sets out some limits including a 10 depositions by the plaintiffs or defendants. Given the complexity of the case including Judge Beaty's opus of a ruling, we can expect the 10 dep limit to be waived. Walt-in-Durham |
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| genny6348 | Apr 1 2011, 11:49 AM Post #4 |
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Genny6348
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Thanks Walt for that clarification, I was wondering if those released could still be deposed. |
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| teddy bear | Apr 1 2011, 12:33 PM Post #5 |
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Discovery is what Duke paid millions, perhaps 100 million, to avoid. Now every email, note,tele call is fair game. One can just imagine the incendiary comments contained in emails from the crazy 88 and Duke administration. Walt is right: being dismissed from the suit will not be a shield against discovery. There are enough counts and defs left that it will all come out. All that $ to Duke attorneys, like Jamie Gorelick(who fed herself well at the Fannie Mae trough) is down the drain. This all could have been settled for a fraction of the cost by an apology and some form of reprimand to the 88. How can the trustees of a charity permit this abuse of funds. Where is the Atty Gen (who has a duty to oversee charities), the alumnae, the students, and even the faculty protests. Brodhead & friends make the Fiesta bowl folks look like children. |
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| cks | Apr 1 2011, 12:47 PM Post #6 |
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My guess is that we will see movement in the very near future on a number of fronts seeking to settle this all as quickly as possible. My hope is that the players and their families insist that first depositions be taken and be made public so that those whose reputations that should be tarnished (and that is too nice a word to use) are and in a most very public way so that it will be evident to any and everyone who the real criminals are. Linwood Wilson will continue in his belief that he has been victimized so he can be counted on (IMHO) to continue his case. As for the others, it will not surprise me to see them run quickly to see how fast this can be put to rest without them having to say anything that could possibly be damaging to their reputations. It will be interesting to see how quickly the Duke BOT jettisons Brodhead - or how quickly he resigns - the same is true for Wausiolek. Frankly I hope that Trask, Moneta, and Alleva are served with notice quickly that they must present themseleves for questioning. One thing for certain, it was probably not a happy day at the Nifong estate, the Brodhead domain, the Wausiolek manse, the Alleva plantation, or Tara's cabin. |
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| Payback | Apr 1 2011, 12:58 PM Post #7 |
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http://fragmentsfromawritingdesk.blogspot.com/ On my blog I just posted a piece on Brodhead's facing the charge of "constructive fraud" and the pattern of "constructive fraud" over his career. I copied it to Facebook but Twitter is down for the moment (and apologizing, unlike RHB!). RICHARD H. BRODHEAD: FACING THE CHARGE OF "CONSTRUCTIVE FRAUD"--An habitual crime? P.S. a few minutes later. I Googled: Brodhead "constructive fraud" and got a lot of hits already, starting with my piece in my blog. Does my telling the truth about him hurt anything like his lies hurt me? I think it's might good to have someone reminding the world that there a pattern in his behavior, that he is who some of us always knew he was. He did not Go South and Go Bad. Edited by Payback, Apr 1 2011, 01:09 PM.
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| Payback | Apr 1 2011, 01:14 PM Post #8 |
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When you type in Brodhead "obstruction of justice" About 8,330 results (0.28 seconds) Search Results 1. Brodhead couldn't even say this much 12 posts - 1 author - Last post: yesterday Duke University President Richard H. Brodhead speaking to the late CBS .... Those crimes include obstruction of justice (to include ordering police to ... s1.zetaboards.com/Liestoppers_meeting/topic/4208406/1/ PAYBACK'S SERIES ON BRODHEAD - 30 posts - Dec 2, 2009 new book on lacrosse case - 16 posts - Jul 26, 2009 BOT conference call - 30 posts - May 18, 2008 More results from s1.zetaboards.com » Get more discussion results ► 2. Fragments from a Writing Desk Apr 1, 2011 ... One is “obstruction of justice.” The other is a term I did not know, ... As readers of this blog know, Richard H. Brodhead lied in the most ... fragmentsfromawritingdesk.blogspot.com/ . . . . If ever a man deserved exposure . . . . |
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3:31 AM Jul 11