Judge Dimitrouleas ruled today Howard K. Stern’s request for default in his defamation lawsuit against John O’Quinn is denied. The Judge citing case law said default is reserved for only the most “severe sanction” and “appropriate only as a last resort”.
In response to Stern’s accusations of “bad faith” on the part of council for O’Quinn, the Judge mentions that Stern “did not act upon the lack of responsive pleading until the Court prompted him with an Order to Show Cause”.
Plaintiff’s Motion for Default (179): Denied
Plaintiff’s Motion to Strike (183): Denied
Defendant’s Motion for time extension (188) Granted
Defendant’s Motion to Set Aside Clerk’s Default (187):Granted
http://annanicoleandhowardkstern.com/092308_Stern_vs_OQuinn_191.pdf
JMO
JMO
{ 8 comments… read them below or add one }
QV, where’s the popcorn and beer? ROTFLMAO
Sorry Carole. That is so rude of me to not have any snackies while we enjoy the latest. My bad ;-)
Can’t wait for December!
The odds were against Howie to begin with, considering all the hard work already put into this matter. It appears that this time he’ll actually have to earn his keep if he expects any money out of this.
Since he knows he will lose his lawsuit with Rita, this latest act of desperation indicates that he is low on funds and it’s all about the money.
Howie denied. I love it!!
Tee hee, Howie is also denied in NY! Judge Chin gave him a nice SMACKDOWN. lol….I forgive you QV, you provide us this nice place to come and enjoy the documents. Not wanting to get off topic but Chin ruled that Howie only has until October 20 to get the depos of Jackie, Speers, the Nannies and Wilma. All other discovery is closed as of 9/26
Yes, Carole, Judge Chin smacked down Howie again. Twice in one week! Such rejection! Here is a summary of what the document said:
1. Discovery is over on September 26th with the exception if they can FINALLY depose those other folks, they get an additional month. No more.
2. (My personal favorite). NO, Plaintiff! You cannot ask the Defendant to identify documents for you. You asked too many questions in the first place. You do your own work.
3. Any legal advise is none of your business, Plaintiff. You can, however, have the rest of it.
4. And no again Plaintiff! The Defendant is NOT going to be paying your legal fees.
ROFLMAO!
Gosh ladies. Good observations. That sure is the second time Stern’s council got told to do his own work and no he can’t get paid. Lol!!! Too funny! And not off topic. Anything about any of these cases is on topic.
Thanks :-)
where does everyone watch howard k stern on court? and was he really guilty for killing anna and daniel? i always thought he was