The spiders' iniquitous den

crambling to assemble a pleading and to prepare for a hearing in one night is an overwhelming task. My attorney, still recovering from a major heart attack, had been on leave of absence for 3 months and was not as familiar with all of the evidences that would need to be presented. Knowing that just added to my stress. The judge had not appeared to consider my counsel's ill health, denying the last minute Motion to Adjourn submitted the day prior after we learned that the case had been reactivated on the docket in my attorney's absence.

The case had been stalled for a period of 3 months, admittedly, and that was frustrating enough for me, but with an attorney who had been hospitalised and cautioned by his physician not to take on high-stress activities for some time (his principle practice specialty being criminal matters ~ stressful and high profile ones at that), it was disappointing to learn that the judge had placed the case on the court docket, when my attorney had not yet been released for full-time work.

Notwithstanding, I toiled through the night to compile evidence and draft out the background of the specific facts and corresponding standards of review that my attorney would then use as a basis for the pleading and prepare before the 1:30pm hearing the next day. I was working as the sun came up and printed off what I had just prior to 9:00am when my lawyer's office would open. I reminded him that opposing counsel had been permitted to file a Motion for Summary Disposition while the case had been stayed and left his office completely exhausted, but hopeful that he would be able to get it filed and appear in court on time.

But, since this hearing had been mandated by the Court, and our request for adjournment submitted outside the 7-day requirement, the judge denied oral argument. My attorney, while willing to try to plead the case, would not be given opportunity, and the judge would review the record and a decision would be rendered within 7 days. I received a copy of our pleading in the mail the day following and was a little disappointed to find that it had been reduced to a five page filing, presumable in the interest of time. Much of the detail I'd provided, spelling out the intricate scheme that had been planned and executed by the Defendants, had been culled to accommodate for brevity required by the Court. I was more shocked to learn within 7 days that the judge had not only summarily dismissed the case, but were also not afforde the opportunity under Court Rule to amend our pleading for what he termed as "lack of specificity". I thought this was a misapplication of court rule, as regulations call for amendment unless amendment could not provide any further facts. How could the judge think that of our case ~ we had more than 140 pieces of evidence to proffer? Furthermore, the judge's order, in fact, scolded my attorney for what he termed was unnecessary delay of the case. This, after Defendants had defaulted for failure to answer the initial Complaint and three subsequent Motions to Compel filed by us prior to Christmas, due to Defendants' failure to answer interrogatories. How could the judge consider a health issue a purposeful delay on our part?

It was at this point that I began to wonder if we'd been caught in the den of iniquity; the spider's den, that is. What's more curious was that I'd been told that the Senior Partner of the firm representing DF and KMC was none other than the major shareholder of the company she worked for, and one in which it was claimed she enjoyed a very generous remuneration package and a cozy relationship with her immediate supervisor and partner.

It was hard not to think that our claim was being deprived due consideration. We'd be forced to challenge the decision with a Motion for Reconsideration, and hope for the opportunity to present our case and be on a level playing field.