Some days it is just way too much fun being an insider in the North American Health Freedom Movement.
Opinion by Consumer Advocate Tim Bolen
I get to see stuff happening right before my eyes, long before others become aware of what’s happening. And, I have to say, there are members of the health movement which have a nasty sense of humor I commend and appreciate. In this case I use the word “nasty” in a very good way.
There are two things going on surrounding the Doctor’s Data v Stephen Barrett Federal Court case, which you will find highly amusing – that is, they are amusing if you are not one of Barrett’s masters or minions. – or Barrett. For them, nothing is funny right now. (smile here).
Before I tell you the two things I want you to have a mind-picture available while you read. The picture I want you to have available is something you have probably seen at family gatherings everywhere in the world. It is when the young boys start rough-housing with each other, rolling around on the floor (as boys will do), until, bored with that they will drag a favorite uncle into the melee. Before long, the uncle will, using his longer arms, hold the little aggressors at bay, not allowing them to strike him, further increasing the young one’s intent. You’ve seen it – where an adult simply puts the palm of their hand on the forehead of the overheated little aggressor and lets them flail away – striking nothing, but increasing their own frustration level.
In our mind picture the adult is Doctor’s Data and their legal team. The flailing child is, of course, Barrett, and his, for want of a better phrase, legal team.
Now we can start… and we’ll start with Trine “Two Shoes”…
Trine “Two Shoes” Tsouderos’s blog interview of Stephen Barrett was a hoot. I wasn’t there but received a blow-by-blow description of the dismantling of Trine’s best day. In short, a group set her and Barrett up for embarrassment – and it worked. What came through clearly was Barrett’s lack of scientific knowledge, and all the reasons why Barrett’s legal team desperately needs to keep Stevie away from a Courtroom, and, certainly, away from a recorded Deposition. Barrett is his own worst enemy when he talks. It got so bad Trine was answering the questions for Barrett. And Trine, well, she should go back to restaurant reviewing. She confuses the term “Investigative Reporter” with “Propagandist.” Trine and Stevie got beat up.
The second thing is the latest happenings in the Doctor’s Data v Barrett Court Case….
Jeff Levens, one of Doctor’s Data legal counsels, filed some papers with the Court the other day. They were, sort of, in response to Stephen Barrett’s legal offerings I mentioned in my article “Barrett’s Battle of The Bulge Begins.” I say “sort of,” because it was obvious that Jeff had to do way more then respond, because, as Jeff explained things in his legal writings, Barrett’s offerings were so poorly done, so typically Barrett, it was difficult to determine exactly what Barrett was trying to portray – except the usual Barrett indignation that anyone would dare to sue his self-proclaimed royal self, “his Majesty the Czar/God of US Health Care,” interfering with “his actions to help government.” (snicker here).
It certainly didn’t help that Barrett’s legal claims were submitted under the name of his Pro Hoc Vice (not admitted to the Illinois Bar), attorney Michael K. Botts, Esq, a self-portrayed intellectual property attorney, and acknowledged quackbuster. Botts, you may remember, was quackpot Victor Herbert’s attorney in two infamous legal assaults – neither of which was successful. Both financially drained the entire quackbuster community.
I can imagine Jeff Levens sitting in his office, this last month, reading Barrett’s crap legal offering, and muttering to himself “where should I begin?” For his role, obviously, was not only to answer those Motions, but to try to make some sense out of them, and prepare a guideline for the Court, in the form of REAL legal documents, guiding the case through to the next step.
I am going to show you some excerpts from Jeff’s work in a minute, but first, I will summarize what he was having to do, from my viewpoint. In short, Jeff was making it clear to the Court that Barrett’s legal claims in his Motions, were spurious, and not well researched. Jeff explains to the Court that Barrett is well versed in anti-SLAPP Motions, so he should know better than to file such spurious crap, due to the fact that he, Barrett, has been SLAPPed (pun intended) several times – to his own dismay.
As you recall – Barrett, in his lawsuit against famous Consumer Advocate Tim Bolen (that’s me – smile here) got the stuffing beat out of him by one of my co-Defendants Ilena Rosenthal who, quite handily, so-to-speak, bitch-slapped (another pun here) him around the California Court System – all the way to the California Supreme Court. In the end, Barrett, and his co-Plaintiffs Christopher Grell and Terry Polevoy(Canada’s low-rent copy of Barrett) were tagged by the Court for over five hundred thousand US dollars in attorney fees to be paid to Ilena, most of which have not yet been paid. Terry Polevoy, as you know, is suing Barrett’s attorney and 20 others, as yet un-named Defendants, to get out from under his end to of that debt.
More, Jeff was having to point out that Barrett’s usual lawsuit tactic, the piling up of crap documents in volume, was wasting the Court’s time, and would only lead to an extension of the time it would take to finish the case, certainly increasing the amount of formal Discovery required.
And more, Jeff pointed out that Doctor’s Data had met with Barrett’s attorneys four months ago (September 10th, 2010) in a attempt to settle the issues amicably, but Barrett not only blew off Doctor’s Data, but, apparently, his own legal counsel. There has been no response to a settlement offer. I guess we can assume that Barrett’s Motion to declare himself, Barrett, as the “Czar/God of US health care,” isBarrett’s settlement offer response.
What Jeff Levens was having to deal with…
Barrett, et al, need to stall the case because, simply put, they need to AVOID Discovery at any cost. If Doctor’s Data gets Barrett, or any number of Barrett’s masters, or minions, into a Discovery situation it ALL OVER for them.
Why? Click on the word Discovery here, go to the page, and scroll down to the section called “West’s Encyclopedia of American Law – Discovery.” When you read this section you will get a feel for why Barrett, and his minions, and masters, need to avoid this procedure at all costs.
So, while you read what is below, understand that the battle here, is over Discovery, and Barrett’s desperate attempt to stave it off.
First comes a summary of the case demand:
Then comes a summary of Discovery so far:
Then is a note about what new Motions Doctor’s Data is going to file:
Then is a note about when the trial might actually start:
Then is a note about what is happening in Settlement attempts:
The Desperation Level in the Quackpot camp has reached an all-time high.
I love it.
Tim Bolen – Consumer Advocate