Tuesday, November 11, 2014

Not Even Ghostface Can Beat the Clock When it Comes to Rule 37

In my last update on the Jack Urbont/Ghostface Killah saga, I whinged that we might never get to see footage or a transcript from Ghostface's deposition. Looks like we can change "might" to "will."

The judge handling the case wrote a letter to Ghostdini in May telling him that he had to appear for a deposition within 40 days. As you recall, he did not appear for his deposition so Urbont moved for sanctions and a default judgment. Judge Buchwald granted the motion last week. Not even Pretty Toney could beat the clock this time.



It was FRCP 37(b) in particular that laid the Wallabee Champ low. Simply put, if the court orders you to provide some particular discovery to the opposing party and you don't, the court can sanction you or even enter judgment against you. Thus, the God's decision to run instead of sit (for a deposition) ultimately did him in.



And Urbont has triumphed.



But only to the tune of $3,758.58, which are the costs Urbont incurred for the cancelled depositions. I assume Urbont will seek damages for copyright infringement because, after all, that was the whole point of this lawsuit in the first place. I doubt Ironman will need to be deposed for that part of the case so we'll just have to wistfully dream about the transcript that never happened.

30 comments:

Mark said...

I hadn't listened to Run in some time. Love that song.

rob said...

this post deserves better commentary.

mr kq said...

Depositions are my bidniss! In fact bout to buy some litigators drinks at Cap Grille Balt. Let me know if you know any litigators who like to drink. We pretended Clarence was a litigator. Has to be a record for use of the word litigator in a comment.

rob said...

'more' commentary is okay, too, i guess

zman said...

I think most litigators like to drink. Occupational hazard.

zman said...

RIP Big Bank Hank, he who first brought us don't stop y'all tick tock y'all.

Clarence said...

Any of you DC types go see Springsteen on the Mall tonight? Probably not.

Shlara said...

I'm in Arkansas or I would be there Clarence.

And, this Eminem set is good stuff--I realize no other Gheorghies will agree, but the crowd likes it

rob said...

i can't even work up fake outrage over tcu being ranked ahead of alabama (and baylor). it just doesn't matter until december.

zman said...

I have no problems with Eminem. He ushered in a new era of introspection and egocentric sensitivity that I don't particularly enjoy or relate too (see, e.g., Drake) but lyrically he's quite strong.

Mark said...

Early non-emo Eminem was a force if nature. He was on a ton of mixtapes and made cameos on a number of other artist's songs and always killed it.

Mark said...

Florida v. W&M tomorrow. Get some.

Actually most of you want be able to watch as I'm guessing you don't get the SEC Network.

zman said...

"relate too"

What happened to me?

Eminem had a pretty hot track on Soundbombing I or II.

Mark said...

Billy Donovan is a Marcus Thornton fan. During today's media session he said Thornton was as good a guard as Florida would play all season.

T.J. said...

Two workers are trapped in a scaffold dangling on the....69th floor of One World Trade Center.

not fratty

T.J. said...

billy d knows

rob said...

as much as i'm excited to get things rolling, mark, the w&m/florida game is on friday. 6:00 tip. 50 hours and counting.

rob said...

i had a massive steak on sunday, then as many barbecued meats as i've ever consumed in one sitting on monday. tomorrow, i dine at mortons, and friday i've got a work dinner at the awesome blue duck tavern. i'm going to need to fast until thanksgiving.

#firstworldproblems

mayhugh said...

Yeah, but that first time running after all those dinners is going to be epic, Rob - think of all the guilt miles you be able to slog through.

zman said...

Guilt miles? I feel no gustatory guilt.

The Bills are 9 games into the season and they don't have a 300 yard rusher or a 1400 yard passer. Tonight they bring this offensive juggernaut to Miami, the #4 defense (#2 against the pass and giving up only 3.9 ypc against the run). I would write a post about the potential for a brutal slaughtering but one post a month is my limit.

T.J. said...

isn't that game tomorrow night?
if so, u have time to write a brief post

zman said...

Ouch. I thought it was Thursday. I haven't had a good night's sleep in weeks. zdaughter is killing me.

rob said...

mark and zman apparently think the tribe is playing the dolphins yesterday.

in other news, the tribe just signed a kid named hunter seacat to a hoops letter of intent. hunter seacat!

zman said...

Cunter Seahat!

zman said...

Burger's Steakhouse is a catalog of smoked meats that mysteriously appeared in my mail. Inside they sell "naturally smoked jowl" which "may be fried and served like bacon, it's more flavorful and less expensive." Anyone ever had jowl before?

Mark said...

I've had jowl bacon a couple times (Fancy Publix!) and its delicious. I highly recommend.

My bad on the Gator-Tribe game, Rob. Also, I thought you couldn't really eat meat often?

Mark said...

Zman- it was Soundbombing II. I love that album. Eminem killed it on the Sway & Tech morning show CD too.

rob said...

can't really eat too much meat. this week is turning out to be a noteworthy, gastrointestinally challenging exception.

rob said...

speaking of eminem, just picked up my daughter from dance class and she was rapping the lyrics to 'without me'. she's got better flow than i do.

Shlara said...

I can't believe we don't have a GTB road trip planned for the Tribe vs Gators game.

And, really Kim Kardashian?
Are the 8 billion twitter followers not enough?
Does Kanye's obsession with himself bother you that much?
You really need more attention?