Opinion by Consumer Advocate Tim Bolen
There were two legal filings, recently, in the Doctor’s Data v Stephen Barrett Federal Court case. The first filing was, as expected, Barrett’s last-ditch attempt to avoid Discovery – a Motion to Dismiss based on two allegations: (1) that the Plaintiff failed to make a proper claim (snort), and (2) that the lawsuit violated the Illinois Anti-SLAPP law.
The second filing, of course, was the answer to the first.
In short, the first filing, authored by Michael K. Botts, Esq., was an angry outburst, poorly researched, badly written piece of pseudo-legal claptrap. The second filing, authored by Jeffrey Levens, Esq., was, as we always see, an elegantly crafted, legally spot-on, detailed analysis of the problem at hand.
No competition. Michael K. Botts, in this case, is being more badly beaten up than the rip-thrashing he took from the Alternative Medicine world during the infamous Victor Herbert v American Quackery Association – 1987 case. (smile here).
In a minute I will let you amuse yourself with some of Jeff’s wording in his response to Barrett/Bott’s cracked and dented Motion to Dismiss. But first, let me give you a guide book to read Jeff’s ENTIRE forty-four (44) page response quickly, and with understanding.
When reading the legal document in its entirety you will keep coming upon detailed references (numbers, cases, etc.). Skip over these. They are for the Judge, so he can keep track. Just read the text, so that the legal argument flows. That way it reads quickly. Note that the text has a lot of space above and below. This is for the Judge to make notations. Anything that is single-spaced is usually a quote from some other place in the lawsuit documents or from other pertinent case law.
Some places in the text will seem repetitious, but this is absolutely necessary. It is there because although YOU and I will read this quickly, the Judge, and his assistants will not. They will go over the legal arguments, and check the references very carefully.
Where’s The Beef? It’s Right Here…
In summary, the case against Barrett, so far, simply points out that he, Barrett, and his minions, masters and henchmen are operating a sleazy scheme for profit. Below, in what is called “The Background,” you will find a detailed explanation of the point of the case as the attorneys for Doctor’s Data, are laying it out for the Judge right now.
But don’t be fooled – for although this part of the case is very substantial it is just a step to get to the real meat of the case, which will come to light during the Discovery phase. And Barrett, his minions, masters, and henchmen are in an absolute panic about Discovery – for it will be there that vital information to increase the scope, and the focus of the case will be uncovered.
Why? Because during “Discovery” Barrett will be required by the Federal Court to answer virtually thousands of questions about how he, his minions, masters, and henchmen operate – and he will be videotaped. He cannot refuse, nor lie, for if he does either it is common practice for the Court, in these kinds of instances (Contempt of Court), to clamp the offender into the local jail until they straighten out their attitude.
So, Discovery will be the beginning of the end for the Quackbuster Conspiracy. Enough information will come out of that process to justify, I think, hundreds, if not thousands, of new lawsuits, financially devastating Barrett’s operation.
Then too, I predict, Discovery will show that Barrett, in fact, is merely a figurehead, a minor player in the ruse, and most likely was NOT majorly responsible for these writings – so, I think, the focus of the case will change and many more Defendants will be added.
Then too, is the issue of the conspiratorial “Google Bombing,” where Barrett’s minions and masters forced Barrett’s sleazy writings to the first page of the search engines. That issue, although mentioned, has not yet been dealt with. Discovery will bring this process, and name the conspirators, to light. Once that happens, I predict, the case will change significantly.
Just below is Jeff Leven’s excellent outline of what is actually happening. Read it. Smile the whole time. Pay particular attention to the part about Joe Mercola MD.
So, Let’s Read the Forty-Four Pages, and Get the Details…
I’ m not going to copy it all here. I am going to link to a copy of it I have on my website. But, in case you are not into legal reading let’s break it up into its sections:
Click Here to see the entire document.
I love it.
Tim Bolen – Consumer Advocate