Case management conference: Judge Wake sets tight schedule - damages - expert witnesses
Almost forgot to finish this posting about the 11/17/05 case management conference in Phoenix.
I had Anthony Ferlanti and Panda Management Company, Inc. (the Ameriquest spammer) dismissed. There’s no point to wasting any more resources on deadbeats, I just wanted to document who Ameriquest does business with.
Judge Wake urged the attorneys for Capital One, Equifax and Target to consider a magistrate judge with only 30 or 40 cases as he has over 300 cases. Despite his promotion of the “great service” by magistrate judges, I doubt they’ll agree. Why do the defendants always vehemently oppose magistrate judges?
He also discussed expert witnesses and that’s something that I’m really clueless about. The defendants intend to have experts regarding my damages. I’m going to have to read up on that. He asked whether the defendants had submitted interrogatories, they haven’t yet and they intend to do so.
How do you value 4 years of your life?
Staring at the LCD 14/7/360, being broke, not being able to help or even visit a dying relative, nothing but stress—and I STILL don’t have the Target and Cap One limits on my credit reports.
PUNITIVE damages are definitely appropriate.
Judge Wake moved the deadlines forward and I obviously won’t be going to Nicaragua this winter. Just as I finally got a clue about mobile sat connections.
“SCHEDULING ORDER issued: Discovery due by 3/31/2006. Dispositive motions due by 4/14/2006. Proposed Pretrial Order due by 4/28/2006. Signed by Judge Neil V Wake on 11/17/05.”
I had a lot of time to think during this 500 mile round trip to the hearing. I don’t know of any pro se with a jury trial and I never thought that I’d even consider taking this to trial pro se. But now I’m quite confident and nothing scares me anymore.
Every juror has a credit report.
I have NOTHING to lose.
There’s NO way for me to screw this up.
It doesn’t matter WHAT happens, I’ll always prevail because I’m right. If I don’t “win”, it’s not because there’s something wrong with me or my case, but because of a defective legal system and the corrupt “consumer advocate” lawyers.
Of course I’d really like to get some COMPETENT legal help and if I just find the time to send out a bunch of press releases, maybe there is a lawyer who’ll give me some good legal advice for an hourly fee.
Regarding expert witnesses.
I have yet to be able to think of any expert other than possibly Fair Isaac. I don’t know why I shouldn’t just use the material from Fair Isaac’s websites.
Why do I need experts?
I can’t think of anyone more qualified than myself. Can I question the defendants’ experts’ qualifications?
Can I ask how much the experts are paid for their testimony?
I already posted about those scumbag “consumer advocates” who market their expert testimony for a fee such as $2,500 for an affidavit, payable in advance. “Consumer advocate” attorney David Szwak is one of those corrupt incompetent morons, sending out his “expert” testimony resume to other lawyers.
Speaking of that low life, from his 8/02 e-mail:
… I want to make an offer and see what we might work out. I have a great resource of links to nationwide practitioners who are willing to help consumers with legal questions, etc., filing suits. You have one of the best site for compiling information about victims and repeat violations/practices.
It seems we ought to join forces. You have access to victims and pattern/practice data. We [collectively] have ability to bring legal actions
on behalf of those victimized and to cover clients nationwide via NCLC and NACA.Some suits would permit grant monies to be awarded in your favor.
We might also help promote your site. ...
I accepted his offer and posted his ad at http://creditforum.org/showthread.php?t=928
Of course that’s all he wanted - free advertising. He feigned interest in a client’s case initially (prior to my posting of his ad), kept stringing her along for several months to eventually decline her. He refused ALL my client referrals (not profitable) and he actually wrote:
“The main problem with a BK consumer is that they have already caused maximum damage to their credit/rating. Causation to damage is tough where they have ruined their credit with a BK [a max derog]. “
He ought the get the “most incompetent consumer credit lawyer award” for that one, what an idiot! More on super moron Szwak is at Cream skimming CONSUMER ADVOCATE lawyers sold out to the corporations
So I’m wondering whether the grant money he promised (but never delivered) is only for class actions. Since neither NACA nor ANY of these fake consumer advocate organizations provide assistance to consumers, it would be too cool if I could ask for some cash for myself and have anything above a certain amount go to establish a self sustaining consumer litigation organization
I’ve seen junk fax litigation settlements with part or all of the amount going to charitable organizations. Of course you’d have to get a lot more than I’ve gotten in my settlements so far to actually be able to do something and hire at least one COMPETENT lawyer.
Every juror is extremely likely to be in need of such a service sooner or later.
Well, first thing’s first, and that’s discovery. Judge Wake said he will decide in his ruling regarding the pending Target motion whether the reporting of the credit limits is required as a matter of law. If he decides that “complete” credit reporting does NOT include the credit limits, I’ll definitely appeal. But, I have to wait until the case is terminated, so the sooner we wrap this up, the better.
Regardless of what happens, I’ll get a chance to learn from my mistakes, publish the events to help the next pro se do better and of course I can use what I learn against Experian and whoever remains in my first case.
I really need to send out lots of press releases.
Someone sent me
Ameriquest Mortgage Illegal Purchase of Consumer Credit Reports and it’s great to see how these press releases are the gift that keeps on giving.
There’s so much one can do, it’s too bad that I’m the only one “doing.”
Posted by Christine on 11/23/2005 at 07:15 PM
2004 Suit (credit limits, credit reporting - on appeal) • Ameriquest Mortgage - incompetent spammers • Capital One - ruthless banksters • RNB (Target) - FINALLY reporting credit limits • (2) Comments • Permalink
Anyhow, I imagine they will use the typical affirmative defenses (that I don’t know). That their illegal conduct is justified to support the american economy, blah blah. I don’t believe they would dare say they were not guilty. I presume the special witness will testify as to why the corporation has been negligent (they are very busy supporting the great american economy). I guess your burdon of proof would have to show not only examples of their negligance to you but also to many many others.
I think I need to address affirmative defenses in discovery.
And that people are so afraid and don’t share and don’t submit affidavits is a real problem.
I spent many hours yesterday reading the filings for just ONE case that didn’t even go to trial. It will be helpful to be able to get the attorneys’ filings through PACER, the trouble is that I don’t have the time to just read it all.
I even considered starting a new “litigation” forum to post all the downloaded filings, add keywords and organize so that I and others CAN find what they need quickly.
