I predicted this would happen months ago in the Doctor’s Data v Stephen Barrett Federal Court case.
Opinion by Consumer Advocate Tim Bolen
“So, what do I think will happen now? Instead of a “legal” Defense, they’re going to use a two part strategy:
(1) Delay, delay, delay – for the last thing the quackbusters want is to have Barrett (a) examined by a Psychiatrist, (b) forced into a two or three day video taped Deposition. (c) or to have the NCAHF board members Deposed, (d) or to have Paul Kurtz, Terry Polevoy, Orac the Nipple Ripper, Steve Novella, William London, or Paul Lee Deposed.”
Any of the above would create a disaster for them.
(2) They will instigate a “screaming” Defense, similar to the tactic Victor Herbert used to use. Botts, I’d guess, is a zealot who will scream out, in writing, the quackbuster message in Barrett’s Official Response.
Why? Once the Response message is on file then the public relations campaign to destroy Doctor’s Data Laboratory, and the Doctors that have used their services, will begin in earnest. Barrett, and his Puppet Master, will call on all of their resources, all at once, in an effort to win.”
Well, I told you so… (Insert laughter here).
On December 3rd, 2010, one of Stephen Barrett‘s attorneys filed a Motion to DELAY imposition of Discovery requirements for at least twenty one more days while they prepare to file another Motion.
Just so you get that right I’ll say it one more time – they filed a Motion to delay for a while so they could file another Motion.
Huh? Yeah, I know. Weird, right? But then we are dealing here with Barrett you know, and, sarcasm intended, Barrett took a correspondence course in the law from a mail order company that, for years, used to advertise their course on matchbook covers.
Even more strange is that, once again, Barrett’s supposed “lead attorney” Michael K. Botts, Esq is missing from the action. The Motion for the delay for the Motion notion was filed by the Chicago firm.
I think Barrett is quickly spending his wife’s hard earned money.
There’s Terror in the Air in Quackpot Land…
Why do I say that? Barrett and the minions/masters are between a rock and a hard place. Barrett, and others, if Discovery continues, are going to have to spill out information that, for years, they’ve kept secret – about how their conspiracy works – and all of that information will work against them.
If they do walk into a Discovery situation, Doctor’s Data’s attorneys will be setting traps, luring Barrett and the others into, perhaps, lying. And, Barrett, and the others, have no idea how much Doctor’s Data already knows about what is really happening so they would have to be careful. Very careful. Remember, Doctor’s Data could easily be getting help from some former insider they used as toilet paper and threw away – like Terry Polevoy in Canada.
Why would Doctor’s Data want to lure Stephen Barrett, and the minions and master into lying? Simple. Conspiracy (Count Nine of the complaint) is one thing. RICO requires a provable criminal act. Lying under oath is called “perjury” and it is a crime.
So, Discovery could easily put RICO on the table. Read “Stephen Barrett, et al, Fear RICO…” article once again.
Yup. Between a rock and a hard place. Good.
So, what’s their strategy? Simple – delay, delay, delay… and increase their internet campaign to destroy Doctor’s Data’s business so they cannot pay to pursue the case.
And how will they delay? Here’s the amusing part – they’re going to try to use a tactic that was once used against them. In the Motion notion to file a Motion they claimed that they needed the time to prepare an “Anti-SLAPP Motion,” (start smiling) because as Barrett’s attorney said “They are very complex.”
Complex? What’s complex about an Anti-Slapp Motion? Barrett’s got a copy of the one that was filed against HIM in the Barrett v Clark (Rosenthal) California case. That Motion cost Barrett, and his buddies, over $500,000 in legal fees, after Appeals, they had to pay to Ilena Rosenthal.
However, and there is a very big “however,” Anti-Slapp Motions are usually filed BEFORE a case is formally answered. Hmmm… This one I think is just a stalling technique – one Barrett has used before – so that he didn’t have to actually proceed through a case. He used it, with a small modification, I think, in the Barrett v Clark case, stalling the actual case for six years – avoiding Discovery. However, there, it cost him his share of the $500,000 the Court awarded to Ilena Rosenthal. (smile some more). Then too, of course, he was trying to avoid paying those Court awarded fees. But, that didn’t work.
See how well that legal correspondence course is doing for Stevie? He would have been better of to use the matchbook cover to burn himself.
Just below is a clip from the Motion filed by Barrett’s attorney:
So, let’s analyze this situation. This case was filed on June 18th, 2010. It has been active over five months, and this is the best Barrett and the minions can do? Delay?
Yes, and No.
(1) Delay is their primary strategy because they FEAR Discovery most. Why? Because, as I’ve said all along, Barrett is just the figurehead. He’s not in charge, and is not even one of the strategists. I don’t think he even does those web pages. Years ago Paul Lee was brought in, from Denmark, to run the website as so-called “Assistant Webmaster.” Obviously, some of the first question sets presented to Barrett, in Discovery, will be about the website articles and how they manage to get on the first page of Google, and other search engines. The people behind Barrett need to hide this process. Why? Because Court cases are expandable, and, with good reason can be Amended to include more charges and more Defendants – and that IS what would happen after they get Barrett into a vide-taped Deposition.
In fact, it is my belief, that once Barrett gets Deposed that he, Barrett, will be moved out of the first position on the Defendant list. He will be replaced by those that run him. He’ll still be there but others will begin to take the heat.
Let me say that again – “it is my belief, that once Barrett gets Deposed that he, Barrett, will be moved out of the first position on the Defendant list. He will be replaced by those that run him.”
(2) The quackbuster conspirators want delay so they can try to destroy Doctor’s Data behind the scenes. How? They’ll do, more surreptitiously this time, what they did before – only more of it.
Will that work? Nope – not this time. Doctor’s Data’s attorneys are waiting for this kind of move, and will be in the Judge’s Chambers within hours of a renewed attack.
The Convergence with the Texas “AAPS v Texas Medical Board” case…
Come mid-January Andrew Schlafly, the attorney for AAPS will be renewing his Discovery options, making demands for information from the Texas Medical Board, and the Medical Board will be FORCED to provide that info. A whole host of cutting-edge doctors have been under assault in Texas – all victims of the “Anonymous Complaint” process, and I predict two things will happen: (a) AAPS will demand copies of all of those Complaints, and (b) Most, if not all, of those complaints will have been filed by Barrett, and his cronies, and minion/masters.
Why do I think that? Because I have copies of five complaints that were originally, but not now, anonymous, and they were filed by Barrett in Texas. More, Robert S. Baratz (bobbie baratz), the president of Barrett’s so-called National Council Against Health Fraud (NCAHF) showed up as the only expert witness against several of those cutting-edge doctors. More, some of the same people, I’ll bet, wrote paid-for-by-the-Texas-Medical-Board confidential “expert opinion reports” leading to a prosecution of those same doctors.
In short, I’m betting that the AAPS v Texas Medical Board case is going to be an even worse disaster for the quackuster conspiracy. Here too, I’d guess, there is a good chance that more Defendants could be added to the AAPS v Texas Medical Board case.
What’s the convergence? (smile here). I’ll bet that EVERY Texas doctor that used Doctor’s Data laboratory had an Anonymous Complaint filed against them by Barrett and his cronies/minions, by order from their masters.
So, things are going to heat up.
Delay, delay, delay is the move of a DESPERATE group.
So, stay tuned. There is more coming.
Tim Bolen – Consumer Advocate