McGraw et al ANSWER filed 1/26/07 FULL DOCUMENT

[Eliza]

woot

[Linda in L.A.]

woot

Isn't that spose to be "toot toot"

[AC]

Last Document Filing shown:

(extending deadline granted - allowing to proceed in Aruba denied)

06/10/2010 Order (ORDER EXTENDING DEADLINE FOR PLNTFS' DEPO, OR ALLOWING THEM TO PROCEED IN ARUBA )
Filed by Attorney for Plaintiff/Petitioner

Last Proceedings held shown:

06/10/2010 at 09:30 am in Department 69, Ramona G. See, Presiding
Exparte proceeding - Granted

06/02/2010 at 09:30 am in Department 69, Ramona G. See, Presiding
Exparte proceeding - Denied

https://www.lasuperiorcourt.org/OnlineS ... /index.asp

[Eliza]

Isn't that spose to be "toot toot"

Still playing "guessing games?"

[Linda in L.A.]

Still playing "guessing games?"

Me? No not at all Eliza. Why do you ask?

[AC]

Future Hearings

08/27/2010 at 08:32 am in department 69 at 111 North Hill Street, Los Angeles, CA 90012
Motion (to Strike Case Management Order; Motion to Designate Case "Complex")

Documents Filed

08/06/2010 Motion (PLTFS' MOTION TO DESIGNATE CASE COMPLEX, ETC. )
Filed by Attorney for Plaintiff/Petitioner

08/06/2010 Notice of Motion (TO DESIGNATE CASE "COMPLEX" SET: 8-27-10)
Filed by Attorney for Plaintiff/Petitioner

08/06/2010 Motion to Strike (CASE MANAGEMENT ORDER )
Filed by Attorney for Plaintiff/Petitioner

08/06/2010 Notice of Motion (TO STRIKE CASE MANAGEMENT ORDER SET: 8-27-10)
Filed by Attorney for Plaintiff/Petitioner

Note: Kalpoes are the Plaintiffs, their motion:
CREMER KOPON SHAUGHNESSY & SPINA LLC - Attorney for Plaintiff/Petitioner

[AC]

To our Legal Eagles, what does Pltfs' Motion to Designate Case Complex mean?

[AC]

So, what is up with this? Are the Kalpoe brothers having problems getting visas? I have read that the visas have been denied. Why would that happen?

[charlierat]

To our Legal Eagles, what does Pltfs' Motion to Designate Case Complex mean?

Los Angeles County adopted a three tier case management system for civil matters (which, coincidentally, was adopted by Jefferson County, Alabama circa 1990). The three tiers are: (1) fast track, (2) standard tier, and (3) complex.

Fast track cases would be things like collections on debts and small claims court appeals, in other words, matters that only require minimal discovery and would take less than a day to try. On the fast track, total discovery requests are limited and the case is set for trial within just a few months after filing and answering.

Complex litigation is what it sounds like. Matters like products liability cases with multiple defendants and/or shareholder derivative actions fall into this category. Discovery is virtually unlimited and the Court schedules things way out in time to give all parties all the time they need to prepare for trial. Trials are expected to last for several days or even weeks.

Everything else gets assigned to the standard track. These are your garden variety, bread and butter lawsuits (like personal injury cases and most consumer fraud and breach of contract cases). They have broad but not unlimited discovery and trials are expected to last less than a week and are scheduled like 18 months or two years (or something like that) after filing and answering. Kalpoe v. Dr.'ed Phil has been assigned to the standard track.

All of the above is just from my memory from practicing law in Jefferson County, Alabama for over 18 years. Courts are generally lenient in granting motions to enlarge or modify scheduling orders so things don't always go as originally anticipated. Motions to change track assignment are not unusual but I wouldn't place any bets on this one. It probably should have been filed long ago, if it is really meritorious (but I haven't read the Motion so I don't know what they aver as the grounds for a change in assignment).

I'm sure there is a wiki that will give more specific details on things like allowable discovery and scheduling orders but I didn't bother looking for it.

[AC]

Los Angeles County adopted a three tier case management system for civil matters (which, coincidentally, was adopted by Jefferson County, Alabama circa 1990). The three tiers are: (1) fast track, (2) standard tier, and (3) complex.

Fast track cases would be things like collections on debts and small claims court appeals, in other words, matters that only require minimal discovery and would take less than a day to try. On the fast track, total discovery requests are limited and the case is set for trial within just a few months after filing and answering.

Complex litigation is what it sounds like. Matters like products liability cases with multiple defendants and/or shareholder derivative actions fall into this category. Discovery is virtually unlimited and the Court schedules things way out in time to give all parties all the time they need to prepare for trial. Trials are expected to last for several days or even weeks.

Everything else gets assigned to the standard track. These are your garden variety, bread and butter lawsuits (like personal injury cases and most consumer fraud and breach of contract cases). They have broad but not unlimited discovery and trials are expected to last less than a week and are scheduled like 18 months or two years (or something like that) after filing and answering. Kalpoe v. Dr.'ed Phil has been assigned to the standard track.

All of the above is just from my memory from practicing law in Jefferson County, Alabama for over 18 years. Courts are generally lenient in granting motions to enlarge or modify scheduling orders so things don't always go as originally anticipated. Motions to change track assignment are not unusual but I wouldn't place any bets on this one. It probably should have been filed long ago, if it is really meritorious (but I haven't read the Motion so I don't know what they aver as the grounds for a change in assignment).

I'm sure there is a wiki that will give more specific details on things like allowable discovery and scheduling orders but I didn't bother looking for it.

Thank you Charlie.....I was hoping either you or Dugo would venture in here.

I have been reading that the visas are being denied. There is gossip that 2K might be in Aruba under their Moms visa. If they are denied and they leave Aruba for this suit, the will not be allowed back into Aruba, will they? If this is the case, I wonder why.

ETA: Isn't this the last chance they have for this suit? If they don't make it this time, will the whole case be cancelled?

[Glenda]

Thank you Charlie.....I was hoping either you or Dugo would venture in here.

I have been reading that the visas are being denied. There is gossip that 2K might be in Aruba under their Moms visa. If they are denied and they leave Aruba for this suit, the will not be allowed back into Aruba, will they? If this is the case, I wonder why.

ETA: Isn't this the last chance they have for this suit? If they don't make it this time, will the whole case be cancelled?

I heard that S.K. doesn't need a visa or permit to stay in Aruba. He is free to travel to and from Aruba just like an Aruban.

[resigned]

I heard that S.K. doesn't need a visa or permit to stay in Aruba. He is free to travel to and from Aruba just like an Aruban.

Did Satish get married or something - why would his status be different than his brother Deepak?

[Glenda]

Did Satish get married or something - why would his status be different than his brother Deepak?

Thats what I heard, I really don't know for sure.

[resigned]

Thats what I heard, I really don't know for sure.

You heard that Satish was married, or did you mean that you heard that Satish doesn't need a visa permit to stay in Aruba ....or you heard both?

If someone marries an Aruban would that alleviate their visa issues as far as being able to go to and fro Aruba just like they are an Aruban?

I would think that something must of occurred for Satish's status to be different than Deepaks'.

[Glenda]

You heard that Satish was married, or did you mean that you heard that Satish doesn't need a visa permit to stay in Aruba ....or you heard both?

If someone marries an Aruban would that alleviate their visa issues as far as being able to go to and fro Aruba just like they are an Aruban?

I would think that something must of occurred for Satish's status to be different than Deepaks'.

You think right. And yes, when you marry an Aruban you receive the same come and go as you please. That doesn't mean he can just hop on a plane to the USA like an Aruban can. A Surinamese must apply for a Visa from the US Consulate.

[iquitos]

venezuela.

IMPORTANT: The Consulate General in Curacao only interviews those applicants who hold a Dutch passport or are renewing a multiple entry U.S. visa valid for at least one full year and is either still valid or expired less than one year ago. All other applicants should apply at the U.S. Embassy in Caracas. Those individuals applying for E, H, or L visa, regardless of citizenship and/or any previous visa/s, must apply at the U.S. Embassy in Caracas. However, any applicant may be referred for processing to the U.S. Embassy in Caracas at the discretion of the interviewing officer.

[Glenda]

Someone that knows the law, could you please tell me why, when bringing the case, the lawyers for the Kalpoes did not make provisions for same to attend?

Tell me that this is not the "get rich quick" opportunity.
Tell me that this is really about character and besmirching one, and that money has nothing to do with it.

In other words, tell me that the lawyers fully intended that their clients (whom were maligned) would come to the States and uphold their good name.

And now tell me why, four years later the Plaintiffs cannot get a visa?
And, why their lawyers did not know this.......or did they?

Correct me if I am wrong, but you have to attend your court case that you brought...do you not?

Because lawyers are lawyers.... And Dr. Phil's are better.

[Eliza]

Because lawyers are lawyers.... And Dr. Phil's are better.

And have friends in high places.

[Glenda]

In other words....you don't know.

I don't know.

[iquitos]

Someone that knows the law, could you please tell me why, when bringing the case, the lawyers for the Kalpoes did not make provisions for same to attend?

Tell me that this is not the "get rich quick" opportunity.
Tell me that this is really about character and besmirching one, and that money has nothing to do with it.

In other words, tell me that the lawyers fully intended that their clients (whom were maligned) would come to the States and uphold their good name.

And now tell me why, four years later the Plaintiffs cannot get a visa?
And, why their lawyers did not know this.......or did they?

Correct me if I am wrong, but you have to attend your court case that you brought...do you not?

maybe the lawyers didn't realize how complicated things are when they took the case. I suspect they are in the case on a contingent fee basis:

What are contingent fees?
A client pays a contingent fees to a lawyer only if the lawyer handles a case successfully. Lawyers and clients use this arrangement only in cases where money is being claimed—most often in cases involving personal injury or workers' compensation.
In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case.
On the other hand, win or lose, you probably will have to pay court filing fees, the costs related to deposing witnesses, and similar charges.


Visa services are not available on aruba. The boys might have complicated status on Aruba which would prevent them form going back there and thus may not qualify for a US visa since they can't go home after a visit to the US. I really don't know. There must be a reason why they don't go to the US that is immigration related.

[Trixie]

What does the new motion Dr. Phil's lawyers have filed mean? TIA