Opinion by Consumer Advocate Tim Bolen
There is no doubt in my mind that Stephen Barrett’s masters, the ones that are paying his legal fees, and directing the Defendant strategy in the Doctor’s Data v Barrett, et al, Federal court case in Chicago are worried sick. For, the Judge’s Decision in Barrett’s “Motion to Dismiss” is due any minute.
Yes, the Decision is taking awhile – but there is good reason for it. The legal arguments are not simple. In short, there is a conflict between Substantive versus Procedural law, and the Judge will be setting precedent that will need to withstand Appeal.
I know that sounds confusing, but in reality it is a simple problem that will have to take careful legal analysis, and careful Decision writing by the Judge. The conflict rises in that Illinois passed a new anti-SLAPP law that establishes a certain procedure to be handled in certain kinds of cases. The trouble is that that State law’s procedures conflict with the Federal Rules of Procedure, and the court is going to have to establish a legal precedent. Barrett claimed protection under that anti-SLAPP law, and Doctor’s Data replied “This a Federal Case and Federal rules apply.”
But don’t worry, no court is actually going to declare Stephen Barrett as “the Czar/God of US Health Care,” the man who is “assisting government,” blah, blah, blah… That’s not going to happen.
Barrett’s “Motion to Dismiss” is Just a Stall Tactic…
The very worst thing that can happen to the organization, right now, that runs Barrett and the so-called “quackbuster” campaign, is “Discovery” in a Federal Court case setting.
There has never been any doubt in my mind that Stephen Barrett does not now, nor has not for a very long time, written, edited, or placed any of those articles on his 22 websites. Nor does Barrett have the skills or the mental capacity to be able to arrange the Search Engine Optimization necessary to catapult those crap articles to the first pages of the search engines. It is all being done by others. Barrett is simply the front man. The codpiece.
But, the danger to that organization is that Barrett DOES KNOW who his masters and handlers are. When “Discovery” starts, after the “Motion to Dismiss” is tossed out, Doctor’s Data is going to be presenting those questions – and Barrett will have no choice but to answer – or face a Contempt charge – which could mean instant jail time for Barrett until he answers those questions.
The problem, for Barrett’s masters and handlers, is that once that information hits the public, THEY will become legal targets, not just with an Amended Complaint in the Doctor’s Data v Barrett, et al, Federal court case, but, likely, in hundreds, maybe thousands, of new lawsuits, around the United States. And it won’t take long, I’d guess, before the smarter attorneys shift upwards from a simple “Conspiracy” allegation to full-blown “RICO” complaints. There is no doubt in my mind that Barrett, et al, fear “RICO.”
Quackbusters: Their Fear is Palpable…
Last October 22nd, 2010 I wrote an article on this specific subject. You can read all of it by clickinghere. But, to be brief, below are the important points to digest:
“When I say that the “quackbuster’s” fear is palpable, I mean exactly that.
So, what would cause such an increase in their fear factor? One simple thing – The recent words, October 13th, 2010, of the Doctor’s Data v Stephen Barrett Federal Court regarding the case. The Court said:
“Proposed discovery schedule to be submitted to the court by 12/6/2010. Status hearing set for 12/8/2010 at 9:30 AM.”
Huh? Why would these, seemingly innocuous words, generate gut-wrenching, instant, diarrhea in the quackbuster ranks? Two reasons:
(1) The entire quackbuster operation is a misinformation system where real information is spun and tightly controlled. Quackbuster upper ranks give the soldiers only the info they want them to have, with only the spin they want them to have. Quackbuster soldiers, for instance, found out about the lawsuit from myarticle. Then five days later the “spin” began with Orac the Nipple Ripper’s article. The primary “spin” was that “the case has no merit. The Judge will throw it out as soon as he reads it, Doctor’s Data will have to pay fines, and Barrett will sue them for malicious prosecution. Blah, blah, blah…”
Of course, none of that happened, so now they are very nervous.
(2) The worst possible scenario for the quackbusters is developing. In the court statement above, what“Proposed discovery schedule to be submitted to the court by 12/6/2010” means is that soon the unraveling of the quackbuster conspiracy will begin using the “discovery” provisions of a Federal Court case. In short, Doctor’s Data will demand of Barrett, and Barrett will be forced to answer, providing documents, questions about all of his activities at issue in the lawsuit.
Under Federal Rules:
“Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).”
More, not just Stephen Barrett will be forced to provide information. Those accused in the lawsuit of acting conspiratorially will also be forced to provide information. It is this action that will be used to gather data regarding the complicity of others in Barrett’s activities. For instance, Doctor’s Data will no doubt demand:
(a) the names on Barrett’s Consumer’s Digest newsletter email list.
(b) the names of any and all contributors, including amounts, to Barrett’s Legal Defense Fund.
(c) The names of everyone, and every discussion group, website, or blog, linked to Barrett’s websites.
(d) the names of everyone who assists Barrett, in any way, to write, edit, post, and position Barrett’s articles on search engines, including the identities of Barrett’s SEO, SMM, experts.
(e) the names of Barrett’s Wikipedia information management team.
(f) all communications, including telephone records, that would show communications (recruitment) with potential or actual plaintiffs suing Doctor’s Data, or solicited to sue Doctor’s Data using Barrett’s recommended attorneys.
(g) all communications with any local, state, or Federal agency where Barrett may have purported to claim expertise, or where a complaint was filed by Barrett and his co-conspirators, in regard to Doctor’s Data.
(h) videotaped Depositions of Barrett and his co-conspirators.
(i) and much, much more.
What will be accomplished with this Discovery…
Discovery, in this case, I think, will focus on two major areas:
(1) proving up the case on the original Complaint, and
(2) gathering the information to be used to justify another Amended Complaint against NEW Defendants.
Federal Court rules allow one Amended Complaint with no restrictions. Beyond that the Plaintiff must ask for permission from the Court to file another. Those requests must come with justifying information. Discovery will ask Barrett and the others just how Barrett’s article float to the top of the search engines. The answers to those questions will flush out the additional, currently hidden, conspirators.
As I pointed out before no one would much care if a rancid old fart like Barrett wrote his hateful articles if he ended up on page 82 of Google. But, he doesn’t. He is always on page one – and that means co-conspirators.
Search Engine Optimization (SEO) isn’t just about writing an article and publishing it on your website. A lot of professional work needs to be done to move that article, every time, to the first pages of Google and the other search engines. The people that do that for Stephen Barrett are just as guilty as Barrett – and, hopefully, they have VERY DEEP pockets so they can help pay the 20 million dollar claim.
Now comes a really FUN part of the Doctor’s Data v Stephen Barrett Federal Court case. Barrett’s minions and sycophants were certain that this issue would never touch them. So much so that they were convinced, after the lawsuit was filed, to attempt to permanently destroy Doctor’s Data using an Intentional malice “Googlebomb,” and more.
Now, their time is coming. And, they are squeaking and trembling in disbelief. It is really fun to watch.
And, Barrett is the key to this necessary information...
It wouldn’t surprise me a bit to find that Barrett has employed a “food taster.”
Tim Bolen – Consumer Advocate