tag:blogger.com,1999:blog-3669412675139526125.post8880031941135800184..comments2024-03-12T21:13:06.850-05:00Comments on Legal Schnauzer: Courts Try to Sweep Hunting-Club Corruption Under the Rug in Alabamalegalschnauzerhttp://www.blogger.com/profile/09619089628125964154noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-3669412675139526125.post-10250713325827762542013-05-21T18:54:29.737-05:002013-05-21T18:54:29.737-05:00Allyson:
Good luck with your case. The general ru...Allyson:<br /><br />Good luck with your case. The general rule is this: Once matters outside the pleadings have been submitted and considered by the court, the Motion to Dismiss must be treated as a Motion for Summary Judgment and governed by Rule 56 FRCP. And summary judgment cannot lawfully be addressed without allowing the nonmoving party to conduct discovery. Here is one of several posts I've written on that subject:<br /><br /><br />http://legalschnauzer.blogspot.com/2012/04/rogues-in-robes-did-federal-judge.htmllegalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-60989831635071531522013-05-21T18:47:48.884-05:002013-05-21T18:47:48.884-05:00Allyson:
Thanks for writing. This is an example o...Allyson:<br /><br />Thanks for writing. This is an example of what I hope the blog can accomplish. Feel free to send the material you mentioned. My personal e-mail is rshuler3156@gmail.com if you would prefer to send there rather than to public comments section.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-8781818265766043932013-05-21T18:47:47.642-05:002013-05-21T18:47:47.642-05:00Mr. Schnauzer:
Just came across your post regardin...Mr. Schnauzer:<br />Just came across your post regarding "Presenting outside matters," AKA FRCP 12(d). I am a (don't hit delete) Pro Se Litigant and have filed a Copyright Infringement complaint in the District Court of AZ. The defendant's answered with a pleading that the Fed. Judge slapped down and gave them a "do-over" opportunity. You can read his comments on their pleading here:<br /><br />http://looking4trth.net/blog/?p=3983<br /><br />Now, they have opted for the Motion to Dismiss, but have presented all outside matters,i.e., a discharged BK, and 2 dismissed civil cases; am I correct? They have not changed the contents of their original pleading to any great degree, merely changed the name of the pleading. To my legally untrained mind this motion is gibberish, fraught with contradictions and double messages. Still, I have to respond to it. I had read about ERCP 12(d) earlier and was researching it to make sure I understood it properly. Your post accomplished that, thank you very much.<br />Dr. Looking4trth Anonymoushttps://www.blogger.com/profile/12600701600004929062noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-38098647307724642412013-05-21T18:38:08.287-05:002013-05-21T18:38:08.287-05:00Mr. Schnauzer: I came across this article while re...Mr. Schnauzer: I came across this article while researching "Presenting matters outside the pleadings," FRCP 12(d) as a matter of fact. I am a (don't hit delete) Pro Se litigant and I have filed a Copyright Infringement complaint in the District Court, District of AZ. I know your blog deals with Alabama but your blog regarding "Presenting matters outside the pleadings," was enormously helpful to me in responding to the Defendant's Motion to Dismiss, blah, blah, blah. :) One of the Defendants is an atty, and represents the other defendant in the trial court in an unrelated matter. Their first response to my complaint was slapped down by the Fed. Judge, you can read his comments here:<br />http://looking4trth.net/blog/?p=3983<br /><br />Now, they have opted for the Motion to Dismiss but all they have done is change the caption to Motion to Dismiss. It basically still says the same thing, all "Outside matters," am I correct? They cite a discharged BK and 2 dismissed Civil actions. I would be happy to post their motion to dismiss for your convenience if I am not making sense.<br />Just wanted to thank you for giving your time to post information that is definitely helpful to others.<br />Regards,<br />Looking4trth Anonymoushttps://www.blogger.com/profile/12600701600004929062noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-31411019751402375512013-03-05T14:21:23.262-06:002013-03-05T14:21:23.262-06:00Thanks for sharing the info. Look forward to check...Thanks for sharing the info. Look forward to checking out the article on summary judgment.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-66947522964988801612013-03-05T14:15:23.227-06:002013-03-05T14:15:23.227-06:00I need to thank Mr. Schnauzer for helping me to un...I need to thank Mr. Schnauzer for helping me to understand <b>what FRCP Rule 12(d) means</b>. As FRCP rules are so broadly constructed, they are so hard for lay-litigant to understand. I just filed my petition to the 9th Circuit yesterday (3/4/2013) pointing out the defendant's relentless exploitation of Rule 12(b)(6) motion to dismiss, by which wrongly put the burden of proof on my [then] counsel, and succeeded. I don't want to go into my case. But, would like to share a very helpful Yale Law Review paper, titled "The Summary Judgment", by Charles E. Clark. You can read through pages 9-11 and appreciate the meaning of the importance of the burden of proof, and of course the court's position, if a plaintiff calls out the issue.<br /><br />I just want to share this, as obviously I am [or my then class action counsel] not alone being on the receiving end of the exploitation using Rule 12(b)(6) to toss out a case. It had been so frustrating for me that there was injustice [not court], but so helpless.<br /><br />This reminds me of Japanese sumo wrestling. Wrestlers do not have any place to "hide" anything. That should be the fairness of our judicial system.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-67115440871354261162012-05-09T00:11:11.114-05:002012-05-09T00:11:11.114-05:00Thanks for the info. Are they violating a law by f...Thanks for the info. Are they violating a law by failing to disclose a board of directors? I assume the directors would be liable in any civil action against the club that wasn't unlawfully dismissed by a federal judge? Are they trying to cover some fannies?<br /><br />I hope readers understand that we are talking about organized crime here. Blackburn's lawsuit was filed under RICO. And he clearly was onto something or the judge would not have screwed him on discovery.<br /><br />It's hard to overstate the seriousness of this issue, and most Alabamians have no idea what is going on.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-57533984051853770082012-05-08T23:58:51.330-05:002012-05-08T23:58:51.330-05:00The hunting club to which you refer is Alabama Riv...The hunting club to which you refer is Alabama River Hunting Club Inc., incorporated July 25, 2000, as a non-profit corporation, by Richard Vincent and Charles H. Sherer,Jr. Richard Vincent is a law partner with Rick Fernambucq.<br />The club was supposed to submit a list of the board of directors within 6 months of the incorporation. As of this date, almost 12 years later, they have not done so. Why is the state allowing this?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-74023943138363750212012-05-08T23:28:01.711-05:002012-05-08T23:28:01.711-05:00BTW, I wasn't a party to the hunting-club case...BTW, I wasn't a party to the hunting-club case, so there was no "my way" involved.<br /><br />As a citizen who helps fund federal courts, I think it's kind of important that judges get simple law correct, that we all receive due process and equal protection under the law. You might have heard about those ideas that are laid out in the 14th Amendment to the U.S. Constitution. You do believe in the Constitution, right?<br /><br />So in a broad sense, I do have a dog in the hunt, I guess. And so do you, assuming you live in the U.S. and pay taxes.<br /><br />It doesn't bother you if judges are incompetent, corrupt--or both? It doesn't bother you that your taxpayer dollars are wasted and your fellow citizens are denied constitutional guarantees?<br /><br />What does citizenship mean to you? Anything--other than, "I've got mine, the hell with everybody else"?<br /><br />Again, you have an open invitation to show me specifics on how I got it wrong. We'll all be waiting.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-47950432532092144872012-05-08T23:20:59.988-05:002012-05-08T23:20:59.988-05:00I cited the relevant law that shows the trial judg...I cited the relevant law that shows the trial judge got it wrong. Can you cite relevant law that shows I got it wrong? Feel free to give it a try, but it will require some effort on your part--and I doubt if you are up to the task.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-52674706263729312012-05-08T23:10:34.753-05:002012-05-08T23:10:34.753-05:00Funny how anytime a ruling isn't to the liking...Funny how anytime a ruling isn't to the liking of "the schnauzer," then it is unfair and wrong. Could it be that "the schnauzer" might just be wrong himself?? "boo hoo, it didn't go my way" doesn't mean there is judicial corruption.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-67428923319810112832012-05-08T23:03:11.703-05:002012-05-08T23:03:11.703-05:00It's especially true in state court systems li...It's especially true in state court systems like Alabama's where today's appellate judges tend to be younger, more inexperienced and less connected than the trial court judges whose opinions they are expected to review.Robby Scott Hillhttps://www.blogger.com/profile/08625575128616865817noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-86798686879304429112012-05-08T20:29:15.753-05:002012-05-08T20:29:15.753-05:00I have no doubt that you are right about that, Rob...I have no doubt that you are right about that, Rob. I also have no doubt that appellate courts get calls from trial courts, instructing them to make sure that certain unlawful judgments are not overturned. The ruling in the Blackburn case was upheld by the Eleventh Circuit, which tells me that appellate court should not be trusted on anything--including the Siegelman case. Chief judge of the Eleventh Circuit is Joel Dubina, a Reagan appointee from Alabama. One call from Bradley Arant to Dubina & Co. is probably all it takes to make sure a fix stays set in stone.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-20254323373251940502012-05-08T19:17:16.043-05:002012-05-08T19:17:16.043-05:00And don't be so naive as to assume that judges...And don't be so naive as to assume that judges don't get phone calls from Montgomery & Washington DC. They do.Robby Scott Hillhttps://www.blogger.com/profile/08625575128616865817noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-80916540096035279712012-05-08T13:06:02.899-05:002012-05-08T13:06:02.899-05:00Anon at 12:51--
You are right. The courts don'...Anon at 12:51--<br /><br />You are right. The courts don't just "try" to sweep corruption under the rug, they actually do it. In the hunting-club case, it was all about making sure that Mr. Blackburn and other victims were not allowed to conduct discovery. I am seeing denial of discovery more and more used as a tool to deny justice to those who have been victimized by the legal cartel. It's happened in my own cases against UAB and NCO/Ingram & Associates, it has happened in the Rollins divorce case and other domestic-relations cases I've covered. This tool is especially likely to be used when the victim has a strong case. If the plaintiff's case is weak, they don't try to deny discovery; they don't worry about it. The bottom line in our "justice system"--the better your case, the more likely you are to get screwed.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-14016343245326036372012-05-08T12:51:41.877-05:002012-05-08T12:51:41.877-05:00I am afraid the title of the article should be &qu...I am afraid the title of the article should be "Court Are Able to Sweep Hunting-Club Corruption Under the Rug in Alabama."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-87042377713153410932012-05-08T12:37:52.267-05:002012-05-08T12:37:52.267-05:00Anon:
You raise a profound point. Mothers, childr...Anon:<br /><br />You raise a profound point. Mothers, children, and sometimes fathers, are indeed impoverished by this club of elites--and our constitutional guarantees of equal protection and due process are battered. But the entities you cite are silent. In fact, my understanding is that the State Bar actively tries to stop any measures that would alter the landscape in domestic-relations courts because they are a strong source of easy money for lawyers.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-43088404341103571302012-05-08T12:34:02.103-05:002012-05-08T12:34:02.103-05:00Where are the Alabama BAR, ACLU and Southern Pover...Where are the Alabama BAR, ACLU and Southern Poverty Law Center on the abuse of Family Law that occurs every day in every Alabama county and nation-wide? Wait, they are lawyers too. What individual is going to fight the corrupt "club" of power elites.<br />Thanks for informing the us. The traditional media is not.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-81118954416789684382012-05-08T09:21:21.314-05:002012-05-08T09:21:21.314-05:00Jeff:
I will take that as a compliment. Thanks. I...Jeff:<br /><br />I will take that as a compliment. Thanks. I've had plenty of practice at trying to figure out how I got screwed in my own cases. That experience comes in handy when examining cases involving other folks.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-29793885908495425422012-05-08T09:17:55.889-05:002012-05-08T09:17:55.889-05:00Mr. Schnauzer:
Lord have mercy!!!
You can dissec...Mr. Schnauzer:<br /><br />Lord have mercy!!!<br /><br />You can dissect a case illuminating EVERY hair on the butt.jeffrey spruillnoreply@blogger.com