Court

[Justiceforever]

I got an e mail from e courts and it hasn't been adjourned...yet.

 

[fred&edna]

Any news... yet?

 

[ps149]

Fully Submitted... Papers In Part...

 

[Justiceforever]

Fully Submitted... Papers In Part...

Ar risk of sounding iganorant, which I am when it comes to court procedings, what does that mean?

 

[ps149]

Ar risk of sounding iganorant, which I am when it comes to court procedings, what does that mean?

Generally, judges are supposed to issue an Order deciding the motion within 60 days of when the motion is fully submitted (so he has at least until Around the first week of July to decide. However, he can still take longer if needed). There are also no other papers that are required to be submitted at this time for the judge to make his ruling.

 

[reedus23]

I'm a relatively new lurker (several months) to these threads and am only vaguely familiar with the lawsuit. I am uncertain of what is pending before the court, who submitted it or who submitted affidavits in support, but I thought I'd throw in my own 2 cents concerning the affidavits with the understanding that I'm not familiar with laws in that state.

Affidavits are routinely attached to various motions and submitted as part of the motion. They are obviously statements made under oath and had not been subject to cross examination. Typically, if a party takes issue with what is stated in an affidavit, a Judge will normally allow them time to depose that witness, thereby subjecting them to cross examination. Parts of that deposition can also be submitted as an exhibit to the motion or the response to the motion, just like the initial affidavits. Where I am at, the affidavits or deposition testimony do not get stamped as received by the court clerk as they are normally an exhibit attached to the underlying pleading and only the underlying pleading(such as a motion) gets stamped by the court clerk as filed.

At trial, any of those statements (affidavit/deposition testimony/etc) can be used against a witness to impeach their credibility much as believe set out. Typically, at trial, as opposed to pretrial motions, it is necessary to bring the witness to court to testify live, though there are some limited exceptions to this.

I don't know if any of that helps but thought I would throw it out there.

 

[ps149]

Any news... yet?

Thursday or Friday but might not be typed up and officially signed until after the weekend.

 

[LINative13]

We have managed to put a few Charlie's in the boat. Not around here tho. Monomoy.

 

[To Kill a Mockingbird]

We have managed to put a few Charlie's in the boat. Not around here tho. Monomoy.

mamunia mamunia mamunia
oh oh oh oh ohhhhhhhhhhhhhhh


[ame="http://www.youtube.com/watch?v=XN7eYdyYYjo"]Paul McCartney & Wings - Mamunia (2010 Stereo Remastered) [HiD] - YouTube[/ame]

 

[To Kill a Mockingbird]

[ame="http://www.youtube.com/watch?v=yxTdz3hw9Xo"]Paul McCartney & Wings - Maybe I'm Amazed [Live] [High Quality] - YouTube[/ame]

 

[LINative13]

No. Monomoy. It's a shoal by cape cod. And yes it is my sanctuary.

 

[Justiceforever]

Any news on what's going on with the court case?

 

[To Kill a Mockingbird]

As a new smoking gun, Ray finally unveiled Mari’s phone records, which showed that the doctor had made a five-minute phone call to Mari on May 3, 2010, two days after Shannan disappeared and three days before the calls he’d previously admitted to. “Hackett told 48 Hours the first conversation was May 6,” Ray said. “And he claimed he and his wife searched their records and this was all they came up with. Hackett is deliberately lying.”


Like the civil suit against O. J. Simpson filed by the family of Ron Goldman, Mari’s lawsuit was designed as a wedge to force Hackett and others to be deposed in court. “Our intent is to uncover what happened in detail,” Ray said. “That has not been done by the authorities to date. So we’re just going forward with every legal means that we can find to accomplish that.” What the complaint didn’t have behind it was anything other than Mari’s phone records.


When reporters at the press conference brought up the fact that the police didn’t think Shannan had been murdered at all, Ray brought the questioning to a close. “There’s no direct evidence as to who killed this lady,” he said. “But circumstantial evidence can be very strong. And the circumstantial evidence right now is very strong to support what we’re doing here. And I don’t care what the police believe. The facts are the facts.”

Kolker, Robert (2013-07-09). Lost Girls: An Unsolved American Mystery (p. 370).

 

[Justiceforever]

What's going on with the lawsuit? I haven't had any e court notifications about it.

 

[WINDSOR]

I felt that the lawsuit against CPH was going to be a media frenzy.

I have not heard anything in months.

Does anybody know what is happening in this lawsuit?

WINDSOR

 

[ps149]

I felt that the lawsuit against CPH was going to be a media frenzy.

I have not heard anything in months.

Does anybody know what is happening in this lawsuit?

WINDSOR

Let's just say that the defense unintentionally did an excellent job proving that the doc has a long track record of telling lies and stretching the truth about himself for the sole purpose of making himself look like a hero. He also constantly injects himself into situations where he has no business just to also attempt to receive praise as a hero. As disturbing as these actions may be, they do not make him a killer. the defense did too good of a job proving that the doc makes up stories. So good of a job, that they created enough doubt to conclude that his words with Mari were most likely all lies and his claims to have treated SG also nothing but lies.

Total Failure. :tears:

 

[WINDSOR]

Let's just say that the defense unintentionally did an excellent job proving that the doc has a long track record of telling lies and stretching the truth about himself for the sole purpose of making himself look like a hero. He also constantly injects himself into situations where he has no business just to also attempt to receive praise as a hero. As disturbing as these actions may be, they do not make him a killer. the defense did too good of a job proving that the doc makes up stories. So good of a job, that they created enough doubt to conclude that his words with Mari were most likely all lies and his claims to have treated SG also nothing but lies.

Total Failure. :tears:

I am not sure I understand.

Is the suit over?

What did the judge rule?

WINDSOR

 

[To Kill a Mockingbird]

Let's just say that the defense unintentionally did an excellent job proving that the doc has a long track record of telling lies and stretching the truth about himself for the sole purpose of making himself look like a hero. He also constantly injects himself into situations where he has no business just to also attempt to receive praise as a hero. As disturbing as these actions may be, they do not make him a killer. the defense did too good of a job proving that the doc makes up stories. So good of a job, that they created enough doubt to conclude that his words with Mari were most likely all lies and his claims to have treated SG also nothing but lies.

Total Failure. :tears:

It's still ACTIVE. It ain't over till the fat lady sings.

 

[Justiceforever]

Any news? Whens the next court date? TIA

 

[LISleuth]

http://decisions.courts.state.ny.us/fcas/fcas_docs/2013DEC/5100336832012100SCIV.pdf


Index Number: 033683/2012
The following case which you have subscribed to in eTrack has been updated. Changes from the last update are shown in red and are annotated.

Court: Suffolk Civil Supreme
Index Number: 033683/2012
Case Name: GILBERT, SHANNAN, ESTATE OF, vs. HACKET, CHARLES PETER, D.O.
Case Type: Medical Malpractice
Track: Complex
Upstate RJI Number:
Disposition Date:
Date NOI Due:
NOI Filed:
Calendar Number:
RJI Filed: 01/18/2013
Jury Status:
Justice Name: DANIEL MARTIN

Attorney/Firm for Plaintiff:
RAY, MITEV & ASSOCIATES
122 NO. COUNTRY RD, POB 5440
MILLER PLACE, NY 11764
Attorney Type: Attorney Of Record
Status: Active

Attorney/Firm for Defendant:
O'ROURKE & HANSEN, PLLC
235 BROOKSITE DRIVE
HAUPPAUGE, NY 11788
Attorney Type: Attorney Of Record
Status: Active

Last Appearance:
Appearance Date: 05/07/2013
Appearance Time:
On For: Motion
Appearance Outcome: Fully Submitted
Justice: DANIEL MARTIN
Part: MOTION PART 9
Comments:


Future Appearances: --- Information updated
Appearance Date: 03/18/2014 --- Information updated
Appearance Time: --- Information updated
On For: Supreme Initial (first time on) --- Information updated
Appearance Outcome: --- Information updated
Justice: DANIEL MARTIN --- Information updated
Part: PRELIMINARY CONF PART 9 --- Information updated
Comments: CTRM --- Information updated
PER SFO 12/10/13 --- Information updated


Older appearances may exist but are not shown.

Motions: Motion Number: 1
Date Filed: 01/16/2013
Filed By: DEF
Relief Sought: Dismissal
Submit Date: 05/07/2013
Answer Demanded: No
Status: Decided: 10-DEC-13
MOTION DECIDED
Before Justice: MARTIN
Decision: Short Form Order
Order Signed Date: 12/10/2013


Scanned Decisions: --- Information updated
Motion Number: 100 --- Information updated
Scanned On: 12/13/2013 --- Information updated