The last real activity in the Doctor's Data v Stephen Barrett  Federal court case, besides the monthly re-scheduling of Status Hearings, was last July, 2011. I wrote about that:

"The legal arguments, at this point, are over the "Motion to Dismiss" filed by Stephen Barrett's legal team.  Barrett, it appears, is claiming that he is IMMUNE to lawsuits because, in his own words, he is "Assisting Government." (don't laugh - he is dead serious). 

More, it is clear, that Barrett was originally demanding that the US Federal court formally declare him to be the "Czar/God of US health care." (envision the word MEGALOMANIA here - like in sky-writing).

But, the last few documents filed by Barrett, it appears to me, have lost their demanding, condescending tone.  They have settled into a whine - sort of an effort to snivel, whimper, bleat, blubber, and mewl, hoping, as it were, to beseech the court for mercy - so he, Barrett, can live another day, legally - avoiding, what for him, would be the process of self-extinction - "Discovery."   That "Discovery" would be a course of action where Barrett would have to reveal the names and activities of his masters and co-conspirators."

So, what IS happening?  Why is there no activity?

First, there is a new Judge in the case.  The new Judge was recently appointed to the Federal bench.  This case has several legal issues that will, without doubt, be Appealed by either party should the Decision go against them.  The last thing a new Federal Judge wants is to have one of his first Federal cases he decided to go to an Appeals Court and be reversed.  So, not only does the Judge need to get the law right, but he will want to get the language right too.

I won't go into the details of the legal issues involved.  I'll just summarize in layman's terms. 

(1)  What the Defense (Barrett's legal team) is doing is to stall, stall, stall, stall, stall with every legal trick they can think of.  Why?  I believe that Barrett's Masters thought they could run Doctor's Data out of business, during the case, by making an increased attack on them on the internet.  As you recall, the "Skeptics," as I reported in an earlier article called "Quackpots in a Tizzy Over Barrett Getting Sued..." had organized an attack called a "Googlebomb." Below is an excerpt:

Besides the fact that "Orac" whined, like a girl, through the entire article, his comments, it looks to me, are more than enough to get him added on as a Defendant in the case.  I can see that coming.  But better, and this where I give him the "dumb of the dumbest" rating, was his last paragraph saying:

ADDENDUM: You can help Dr. Barrett, too. If you're a blogger, please write about this.

What "Orac" was doing was soliciting MALICE - and he was successful.  The kiss-ups went to work organizing what's called a "Googlebomb" insuring that their totally libelous version of Doctor's Data, and their version alone, dominated the internet search engines.

To refresh your memory:

The case charges the Defendants with (1) Lanham Act Violations - Restraint of Trade, Deceptive Business Practices, and Trademark Dilution, (2)  Trademark Dilution under the Illinois Trademark Registration and Protection Act, (3)  Violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, (4)  Violations of the Illinois Deceptive Trade Practices Act, (5)  Business Libel Per Se,  (6)  Business Libel Per Quod,  (7)  Tortuous Interference with Existing and Potential Business Relationships, (8)  Fraud or Intentional Misrepresentation, (9)  Civil Conspiracy, (10)  Corporate Officer and Board Member Personal Liability, (11)  Temporary and Permanent Injunctive Relief."

"The lawsuit seeks $5,000,000 in damages and an additional $15,000,000 in punitive damages from the Defendants, temporary and permanent injunctions preventing re-occurrence, plus whatever else the Court deems suitable.

Here, is a copy of the actual lawsuit with the Exhibits:  A, B, C, D, E, F, G.  Happy reading."