No man has a good enough memory to be a successful liar.

Abraham Lincoln

It is always nice to observe defense attorneys perform judicial jujitsu, i.e. using trolls’ statements against them in an efficient, energy-saving manner. Since Keith Lipscomb’s industrial-grade lies imply inevitable bloopers, no black belt is necessary, yet attention to detail and tedious work is required.

On 4/14/2014 attorney Jonathan Phillips filed defendant’s renewed motion to compel Lipscomb/Malibu to answer to discovery requests in an eventful lawsuit Malibu Media v. John Doe (NDIL 13-cv-06312).

In short, Phillips calls out Lipscomb’s disingenuous attempts to stonewall the discovery, specifically, his refusal to answer interrogatories #3 and #5 because, according to Lipscomb, 1) the information sought is “neither relevant nor likely to lead to the discovery of admissible evidence,” and 2) the work required to compile this information constitutes undue burden. I won’t analyze the former lame excuse: read Phillips’s argument below; instead, I want to stress that the “undue burden” lie has been debunked because of Malibu/Lipscomb’s recent status report. This report was widely covered in the media mostly because of Lipscomb’s brow-raising practice of offering victims to undergo polygraph tests, yet there is much, much more in this document. Given that our trolls have demonstrated that they keep their data tidy and can run complex queries, Phillips reasonably questions Lipscomb’s desperate attempts to sabotage the discovery:

Malibu has the information sought, as well as a great deal of other information. It is able to produce this information in an astonishing level of detail, as indicated by the Malibu Status Report. Malibu can simply run a computer script, already developed, to search for and report the information sought. This is not unduly burdensome.

The response to interrogatories (or rather a lack thereof) was signed by Colette Field, although I’m not positive that she even read it. Just look at the answer to another question:

Attorney Mary Schulz has a standard tiered contingency fee agreement. […] Plaintiff is responsible for paying all of the costs and fees associated with this litigation. Plaintiff is the only other entity that has a financial interest in the outcome of this litigation. No other entity is entitled to any share of the monies which may be paid from Defendant to Plaintiff.

No other entity? Prenda-strength denial, isn’t it? Just like AF Holdings’ “CEO” Mark Lutz, Keith Lipscomb now works for free. Right. Poor girl will eventually be held responsible for this perjury, while Lipscomb will likely weasel out.

Overall, I feel a good trend: the more pressure defense attorneys (especially Jonathan Phillips and Morgan Pietz) apply — the more twisted logic is poured into the court dockets. The more twisted logic trolls produce — the more inevitable slips of the tongue will occur. In the end, Lipscomb and his gang will be suffocated by the web of lies they had woven.

Update

14/17/2014

Fresh from the press (hat tip to Calvin Li, who wrote a program that subscribes to certain courts’ PACER RSS feeds and tweets as soon as new documents are filed): Jonathan Phillips filed Defendant’s second motion for an order requiring Malibu Media, LLC to show cause why it should not be held in contempt.

This motion is short and sweet: no need to annotate it. You will like it:

Followup (and conclusion)