A Legal Lohengrin wrote:
Litlebritdifrnt2 wrote:
Don't know whether this belongs here or not but I thought you guys would get a kick out of it and come up with a cause of action that Orly can file in this Judges district for the sheer hilarity that would ensue.
http://tpmmuckraker.talkingpointsmemo.c ... hp?ref=fpbQuote:
Here's part of Sparks' Friday order:
The party will feature many exciting and informative lessons including:
"telephone and communicate with a lawyer," "enter into reasonable agreements about deposition dates," "limit depositions to reasonable subject matter" and why "it is neither cute nor clever to attempt to quash a subpoena for technical failures of service when notice is reasonably given."

I agree with this advice but only in part. These are all good practice when one is dealing with an ethical attorney who can be trusted to reciprocate, is bringing a cause of action in good faith and will not abuse the process. When dealing with an Orly or some other scoundrel, one shouldn't give an inch on anything except when advantageous. It
can be worth it just not to piss off the judge and thereby appear to be the adult in the room.
However, if it involves an abusive litigant who is dragging random third parties into abusive depositions and serving the deposition subpoenas defectively, I wouldn't give them a speck of regard and would quash the hell out of them. WIth an Orly, I believe it would be worth it to point out early and often that this is a vexatious litigant (and a complete lunatic) with no regard for the rules.
I think it is reasonable to let even an Orly off for technically deficient service, so that a dismissal can be with prejudice rather than a procedural dismissal that simply allows the disgruntled nut to file again.
A follow-up to Judge Sparks' remarks.
It seems the Edith Jones, Chief Judge of the 5th Circuit, was not amused.
From
Texas Lawyer5th Circuit Chief Judge Takes U.S. District Judge Sam Sparks to Task in an EmailQuote:
[...]
An email Jones sent to Sparks and judges in the Western District of Texas on Aug. 30 took the Austin trial court judge to task for the sharply worded orders.
One of those orders, which came out on Aug. 26, invited a pair of lawyers involved in a subpoena dispute to a "kindergarten party." Jones' email reads as follows:
"Dear Sam, It has not escaped my attention, or that of my colleagues or, I am told, nationally known blog sites that you have issued several 'cute' orders in the past few weeks. The order attached below is the most recent. Frankly, this kind of rhetoric is not funny. In fact, it is so caustic, demeaning, and gratuitous that it casts more disrespect on the judiciary than on the now-besmirched reputation of the counsel. It suggests either that the judge is simply indulging himself at the expense of counsel or that he is fighting with counsel in what, as Judge Gee used to say, is surely not a fair contest. It suggests bias against counsel. No doubt, none of us has been consistently above reproach in our professional communications with counsel. We are all prone to human error. But no judge who writes an order should allow such rhetoric to overcome common sense. Ultimately, this kind of excess, as I noted, reflects badly on all of us. I urge you to think before you write. Sincerely, Edith Jones."
Sparks was out of town and could not be reached for immediate comment about the email. Jones declines comment on the substance of the email but says she was "saddened" that it had been released to others, including Texas Lawyer.
[...]