Is that because the plaintiff's team has already won a massive victory so the they're not looking to start a fight that they don't need and would barely (if at all) benefit them?
Yes. And Rule 11 has procedural traps; you just don't waltz into court and say, "Sanctions, please."Sam the Centipede wrote: ↑Wed Feb 07, 2024 5:07 pm Is that because the plaintiff's team has already won a massive victory so the they're not looking to start a fight that they don't need and would barely (if at all) benefit them?
That's one sufficient reason. Another is that judges hate hate hate sanctions motions.the plaintiff's team has already won a massive victory so the they're not looking to start a fight that they don't need and would barely (if at all) benefit them?
https://www.nbcnews.com/politics/donald ... rcna137790Trump motion for mistrial in E. Jean Carroll case is denied
The ruling comes after a New York jury reached a verdict last month awarding Carroll $83.3 million in damages.
A federal judge on Wednesday rejected Donald Trump’s motion seeking a mistrial in the E. Jean Carroll case after a jury found last month that the former president must pay her more than $83 million.
Trump’s attorneys had argued in their mistrial motion that Carroll deleted threatening messages, including death threats, which they said was cause for a mistrial.
In a 30-page decision Wednesday, U.S. District Judge Lewis Kaplan said that while Carroll admitted she deleted some of the purported death threats, the details of the deletions remain unclear. He ruled that Trump’s team failed to demonstrate that any of the missing messages would have aided his defense, which would have been necessary to show that her deletions were prejudicial.
Judge's discretion.
The court won't ask (and the toothless FEC won't care/probably would bless).And, what if he uses campaign funds...is that legal?
For Klayman, sanction motions are standard boilerplate filings. The motions get all the attention they require:chancery wrote: ↑Wed Feb 07, 2024 5:16 pm I agree with Bob.
That's one sufficient reason. Another is that judges hate hate hate sanctions motions.the plaintiff's team has already won a massive victory so the they're not looking to start a fight that they don't need and would barely (if at all) benefit them?
So the KKKlayman order is:northland10 wrote: ↑Thu Feb 08, 2024 8:05 am
For Klayman, sanction motions are standard boilerplate filings. The motions get all the attention they require:
"No. Next".
Your list is seriously lacking in recusal motions. One should come before they are sued, the first time.Sam the Centipede wrote: ↑Thu Feb 08, 2024 10:22 amSo the KKKlayman order is:northland10 wrote: ↑Thu Feb 08, 2024 8:05 am
For Klayman, sanction motions are standard boilerplate filings. The motions get all the attention they require:
"No. Next".
Victor Shi @Victorshi2020 wrote: BREAKING: Judge Kaplan just affirmed the $83.3 million jury verdict against Donald Trump in the E. Jean Carroll defamation case. That means E. Jean Carroll can officially start the process of obtaining the damages. Bad news for Trump, but Justice for E. Jean Carroll at last!
Translation: The judgment was entered. Meaning NOW the various clocks (to file a notice of appeal, to seek a stay of enforcement and post a bond) start. (There is a temporary, automatic stay of plaintiffs' ability to enforce the judgment, to permit defendants to decide how to proceed.)Victor Shi @Victorshi2020 wrote: BREAKING: Judge Kaplan just affirmed the $83.3 million jury verdict against Donald Trump in the E. Jean Carroll defamation case. That means E. Jean Carroll can officially start the process of obtaining the damages. Bad news for Trump, but Justice for E. Jean Carroll at last!
Trump's lawyers are likely to file post-trial motions under rule 59 for a new trial and/or to alter or amend the judgment and maybe also for judgment as a matter of law under FRCP 50 (in your dreams, Trump). The time to file a notice of appeal will run from entry of the order disposing of the last such motion to be decided.bob wrote: ↑Thu Feb 08, 2024 5:21 pm Translation: The judgment was entered. Meaning NOW the various clocks (to file a notice of appeal, to seek a stay of enforcement and post a bond) start. (There is a temporary, automatic stay of plaintiffs' ability to enforce the judgment, to permit defendants to decide how to proceed.)
So, bottom line question(s): when will he have to deposit $83 million? When will EJC actually get it?chancery wrote: ↑Thu Feb 08, 2024 6:31 pmTrump's lawyers are likely to file post-trial motions under rule 59 for a new trial and/or to alter or amend the judgment and maybe also for judgment as a matter of law under FRCP 50 (in your dreams, Trump). The time to file a notice of appeal will run from entry of the order disposing of the last such motion to be decided.bob wrote: ↑Thu Feb 08, 2024 5:21 pm Translation: The judgment was entered. Meaning NOW the various clocks (to file a notice of appeal, to seek a stay of enforcement and post a bond) start. (There is a temporary, automatic stay of plaintiffs' ability to enforce the judgment, to permit defendants to decide how to proceed.)
I don't think that such motions will extend the temporary automatic stay of judgment enforcement beyond the 30 days provided for by Rule 62.
So, bottom line question(s): when will he have to deposit $83 million?
If she ever gets it it'll be "whenever she gets it."When will EJC actually get it?
Obviously, the $5 million from the other trial still hasn't been disbursed. How long does this usually take?
Sadly, that's a distinct possibility.I don't want poor EJC to die before it gets to her!
X 4 X 32Under FRCP 62, there's a 30-day stay before execution can start.
I assume Carroll has entertained this possibility, and likely has instructions for her estate on what to do with the funds if they aren't delivered until after she dies.I don't want poor EJC to die before it gets to her!
What if the opposite happens and the mango musolini shuffles off this mortal coil before he is forced to pay? Can Ms. Carroll (or her estate) collect the money from his estate?
The brief in support of the motion is here: https://storage.courtlistener.com/recap ... .287.0.pdfRaffi Melkonian
@RMFifthCircuit
While we’ve been discussing Trump’s state court defeat, he’s also facing enforcement of the federal court defamation judgment. Apparently he has just asked for a temporary stay of that judgment without bond while he does post-trial motion practice.
I think that Raffi meant to say "$90 Million for the bond."Raffi Melkonian
@RMFifthCircuit
I skimmed the motion. It’s fine at a superficial level. It says the things you’d say. It’s just hard to both claim you’re mega rich and also you don’t have $90 for the bond.
Federal District Judge Lewis Kaplan this morning rejected Donald Trump's request for an emergency stay on the collection of the $83.3 million dollar judgment won by E. Jean Carroll against him. Trump was asking the court for a delay pending post trial motions and appeals.
In rejecting the motion, the court noted that Trump waited 25 days after the judgment was filed to make his request right before the deadline for Carroll's lawyers to begin attaching liens on his assets. The court also noted that he hasn't even filed any post trial motions yet, only a request to delay the collection of the judgment. Judge Kaplan rejected the request and ordered that briefs be submitted next week.
"The court declines to grant any stay, much less an unsecured stay, without first having afforded plaintiff a meaningful opportunity to be heard."
