August 30, 2016 hearing transcript now public

Over three months after a hearing, the transcript becomes available on PACER. This is the first one to appear, and it reveals much about the personalities involved, as well as some of the issues. At the time, there were was much speculation on what was happening. Now we can know.


The Order that came out of this hearing was 0042-0_order_re_motion_to_quash

This was fun to read.

I had reviewed this Order on lenr-forum, and came to conclusions that are supported by the transcript.

The subpoenas to the bank and the accountant were quashed because these would be matters for discovery requests to the plaintiff (Rossi), not for direct subpoenas to those parties. The judge and the Jones Day attorney, Pace, whom he knew, have some chit-chat related to the attorney’s history, that as a federal prosecutor he could do what he wanted, but this was a civil case…. it was all very friendly. And then the subpoena to T-Mobile, which was for records for the phone number on the Bass business card, was suspended because the Judge ordered the 3rd party defendant, the attorney for Johnson, to provide an address for Bass by a short deadline, or the subpoena would go through. The address was provided, and that’s how Bass was found. They were aware that there was a James Bass working for Johnson Matthey, and that he was obviously not this James Bass.

Pace wanted the judge to clarify that the subpoenas were not disallowed, only quashed at this point because they were arguably overbroad. Pace seemed quite satisfied with the answer. He could subpoena the bank and the accountant if needed, with more specific requests, not a general fishing expedition. Which essentially set aside half of Annesser’s argument….

0048.1_Designation_access_form I downloaded to find out what these are. It describes who has access to the file prior to release, I think. It designates Pace. According to the transcript, the Order was to be prepared by the plaintiff’s attorney, Annesser, I think, so this, then, allowed Pace to check that.


Author: Abd ulRahman Lomax


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