Oh DragonSJG my man, so much. Today alone there have been like...what...10 filings?
A sort of summary:
- The Plaintiffs withdrew their Affadavits from Saturday's filing because they were improperly notarised, ie: Beard committed fraud and tried to remove the evidence after the defense called him out on it.
- They also filed an updated amendment to the original filing for the case which is arguably not allowed this close to the hearing. We'll see.
- The defense all filed a LOT of stuff. Primarily responses to the filing from Saturday, some interesting, some just going through all the evidence and responding to its issues piece by piece.
- The biggest and arguably more important filing today as the Defense filing a joint motion to strike and also a motion to sanction against Beard for committing fraud, filing late, lying about why they filed late and all around just wasting everyone's time. It's up in the air as to whether this will stick or not but it's very very well argued.
I've missed so much, I recommend skimming the last few pages to catch up better!
Going to expand on the stuff about the filing from last week and affidavit withdrawing and such. This doesn't even capture how bad the filing was but I thiiiink I got most of this aspect of it:
1. They file on Saturday, past midnight, despite Friday being the deadline. In that filing, there are 3 affidavits. All are notarized by Beard on Friday.
2. All 3 people live hundreds of miles away from Beards' office. Beard was proven to be at his office on Friday. One of the people was proven to be hours of travel away from the office on Friday. It does not make sense to begin with that Beard had to be the notary rather than someone local to them. Opposing lawyers ask for his logs of notarizing the affidavits and get no response on that.
3. Vic's affidavit directly contradicts his deposition regarding acts towards Marchi, at the very least. So that in itself is a problem!
4. Again, this was submitted past the deadline. Beard officially claims this is due to a technical error... but the timestamp on the error page he shows was already past midnight. His explanation for this is directly lying to the judge as a result. He also continues to be unprofessional towards the opposing lawyers in e-mails throughout this, despite them still going out of their way to offer to save him from himself.
5. He goes on to withdraw the affidavits. He then resubmits them as unsworn declarations. Fwiw there was already one such declaration present, as the person making it is in Japan and was seemingly unable to have it be notarized. This change does nothing to resolve that he originally lied completely about notarizing them, which is illegal. And... is the idea that he just sorta
slipped and accidentally applied his stamp to 3 different affidavits? Who can say!. Oh, and Vic is still contradicting his own deposition. Obviously past the deadline already too, so it's an awfully big assumption that this would be allowed even if it wasn't a laughable attempt to cover something up.
6. Meanwhile, Beard of course acts like this 100% resolves all of the issues with the affidavits and that it cannot reasonably be questioned by opposing lawyers as a result, and even argues that they shouldn't bring it up because with all the rules they've ~totally~ broken (which they haven't) they'd also be sanctioned. And this is said in e-mails with the opposing lawyers, to be clear, not in YouTube bragging.
7. I cannot state enough that it is just incredibly unclear to me why he felt any of these specific actions around the affidavits were necessary. Like... there's just 0 need to claim all the affidavits were on the same day if he was going to fake them to begin with? Why arbitrarily box yourself in? There was also 0 need to have all 3 of them on the last day possible, whether they're inexplicably actually notarized and you had to set a day for it, or if you're just picking a fake day? He could have at least picked a day when one of them wasn't visibly attending a convention? He also just, I dunno, could have just submitted them as unsworn declarations the first time at worst of having them notarized fell through? It is, even for this case, extremely baffling!
8. oh and this entire time: at least one of the affidavits contains statements that pretty much tanks the case even further for them! so why the fuck did you even include it, twice!
EDIT: oops tapped post by accident, not done, editing the rest...
EDIT2: done