Tuesday, December 23, 2008

Comic Slugfest Continues in Petrilli v Silberman.

Golden Claims Harassment.

McNeill Wants Costs Restored.

Ishmael Wants Peace on Earth
and a Chocolate Milk Shake


Jabs and hooks continued in the pretrial phase of Peggy Petrilli's suit against Fayette County Schools Superintendent Stu Silberman.

Today's updates to the Peggy Petrilli Timeline show continued bickering as attorneys argue claims and counter claims before Fayette County Circuit Judge James Ishmael - each side looking for an advantage. Opportunities for one attorney to disparage the other are rarely missed.

The most recent sparring match involves the defendant's attorney John McNeill's subpoena of all of Peggy Petrilli's state and federal income tax forms.

Plaintiff's attorney J Dale Golden responded with a Motion for a Protective Order claiming that the "defendant's do not have a wholesale right to rifle through every part of the plaintiff's life... The defendant's are simply attempting to annoy and harass Ms. Petrilli."

Plaintiff's attorney Melissa Thompson, one of at least three attorneys who have appeared on Pertilli's behalf (Including Timothy C. Feld on the 12th), told the court, "This is meant to pull us around to numerous depositions that are unnecessary."

McNeill claimed yesterday's hearing was unnecessary and moved to have his costs restored by the Plaintiff. "I don't believe I'm going to get the records I'm supposed to get any other way," McNeill said.

"For them to say that 'we've asked Ms Petrilli for the records and that's what she's given us' - Judge, as weve seen in this case before, what Ms Petrilli gives, comes through several stages...It's a revelant issue...I don't even know why we're being dragged down here this morning on a motion for a protective order. In fact, I'd like to get my costs back for having to show up for this because this is clearly discoverable information..."

Ms Thompson countered that if there was any concern over a business loss (as might be shown through the documents) the defendants could have asked Ms Petrilli herself during her deposition. "It seems a bit much to now have to take the deposition of this other character, who didn't prepare Ms Petrilli's return, when if he wants additional records, just ask us for the records and I will do whatever I can to find those additional records."

"I don't believe that," McNeill snapped. "The second thing is that in Ms Petrilli's deposition - as a matter of fact, she does consult, so it is a revelant issue."

"And this is the whole ...problem with discovery in this case..." McNeill continued mockingly, "They don't - 'Well, I don't know. I don't know.' because somebody else comes in for all the hearings....All I want is the documents so that they can't play fast and loose in some shell game about what her records are and what her earnings are."

Judge Ishmael said that by making a claim about lost wages "Ms Petrilli has introduced the issue of income into the litigation."

He also asked the defendant's to be sensitive to the nature of the information saying, "We don't need to be putting this in the newspapers."

Ishmael overruled the plaintiff's Motion for Protective Order, saying "Now, let me buy you all a...

"It's too cold for a milk shake," McNeill interrupted.

...choclate milk shake this morning."

"Y'all have a happy Christmas season," Judge Ishmael sighed, as he held the defendant's oral Motion for Costs in abeyance.

"CompuBox numbers" following the bout showed John McNeill throwing and landing most of the punches.

The next bout is tentatively scheduled for January 20th - at 3pm, so that Attorney McNeill can take his Mother-in-Law to BINGO in the morning.

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