She speaks!

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[00:00:00]Okay, Amy Griffin's lawyers uh from Wilky are back on the docket doing weird [ __ ] but there is movement and we are learning a couple of things. So Amy Griffin's lawyers once again went to exparte yesterday to ask for an extension of time to respond to the complaint. Exparte is something that state court judges do. They often have time in the morning. Usually it's like the first hour of the morning. Sometimes it's a little bit less. and you can come there for things where you don't have to have a full argument with the other side, short matters, either uncontested or like who really cares kind of stuff.

[00:00:36]Um, and you can argue and have the judge order things. So, her lawyers went to exparte yesterday morning to try to get an extension of time to respond to the complaint. The judge took it under advisement and clearly said, "Hey, can you send me a proposed order?" Because the next thing on the docket is this.

[00:00:52]This is not a signed order. You can see that Richard Fuin has not signed this. A lot of times judges will say, "Send me a proposed order." Or sometimes you do it just because you want to like make it easier for the judge and whatever they don't like, they'll just cross out and then they'll sign it the way that they want it. So, I just want to make clear this is not an order that has actually been signed and entered. This is an order that is proposed by Griffin's lawyers, but we can tell some things from it. The first and most important thing that we now know is that she has indeed accepted service of the complaint.

[00:01:24]because she would not be seeking an extension of time to respond to the complaint if she did not have it, which means that she is now officially in the case. Right. So, I'm guessing they accepted service. I don't think that, you know, she let them personally serve her at, you know, a fancy restaurant or whatever at Chipani or something. Um, but she is asking the court to extend the time for her to respond to the complaint in one of two alternative ways. Right?

[00:01:54]So, she's giving the court two different options.

[00:01:57]Paragraph 2 is one option. Paragraph 3 is another option. Um, does anybody go to Chipriani anymore? Was that an old reference? I don't [ __ ] know. Anyway, okay. So, you can see option number one. Actually, let me do option two first because option one is confusing. Option number two is give me 30 extra days. Give me till June 12th. Now, we don't know how long she's had the complaint. So, this is 30 days from now. She may have had it for 2 weeks already, but she's asking for a month, and that is a lot of time.

[00:02:30]It would not surprise me if Jane Doe's lawyer was like, I'll give you two weeks, but I'm not giving you a month.

[00:02:34]So, she is asking for a month. Or in the alternative, she is saying, "How about I wait until all the defendants have been served?" Because she of course has been now. We know they're having problems with Sam Lansky because I talked about that a couple days ago and we don't know what's going on with Penguin Random House and Dial Press, right? Which I think Dial Press is just an imprint of Penguin Random House, but we don't know what's going on with them.

[00:03:01]So she says, "How about we wait until everybody has been served and then our lawyers, the plaintiff's lawyers and my lawyers will get together and talk to all the defendants within 5 days and say, "What date are all of their responses going to be due?" And everyone will send their responses.

[00:03:22]What this tells me is that she is benefiting from Sam Lansky not being served. And she's like, "This is great.

[00:03:29]the longer he's not being served, the longer I'm I want to wait to have to serve my response. She does not want to be out there on the docket by herself, right? She's like, "Well, give me 30 days, but what I'd rather have, because it's the first option I put up here, is everybody gets served and then we all agree and then we all file our responses together."

[00:03:50]And I don't know which one the judge will pick. Who knows? And he, you know, he also could say, "I'm going to take paragraph three, but you only get 20 days." Like, judges can do whatever the [ __ ] they want, right? But this is what she has she has offered to him. Um, you know, it's really important. This is one of those types of um pleadings or rules in the law where the words that you use are really important. It is really important to use the word respond and not the word answer. Right? So when you have a complaint get filed in a civil case, you have multiple options as to how you respond to it. You can settle the case, you can do nothing and get a default. You can file an answer and affirmative defenses and let it go into discovery. Or you can file a motion to dismiss. So you don't want to say deadline to answer because what if you decide to file a motion to dismiss instead of answer? What if you haven't decided either one yet? Right? I think it was in one of the Karen Reed civil cases recently where somebody screwed up and put we want to extend our time to answer and it's like you want to keep your options open, right?

[00:04:59]Um my guess, if I had to guess, is that if Griffin gets to a point where she is going to put something on the docket, it is going to be a big thick motion to dismiss, probably a prospe motion about how this is all protected by the First Amendment because it was in a book. Um, that is my guess. Um, and you know, she has the funds where she could say, I can have one set of lawyers negotiating a settlement and having another set of lawyers drafting the motions and then we'll just do whatever we have to do, right? Because she is not limited by how many hours the lawyers are spending because she has billions of dollars. So, that's my guess probably is maybe there's some settlement talks going on.

[00:05:38]I don't know how far apart they are, but maybe it's like, well, we'll keep talking about that, but also while we're at it, go ahead and draft this motion in case we need to drop it on the last day.

[00:05:48]Now, Jane Doe, the plaintiff, was not brought into this at all, right? I'm sure they asked for an extension of 30 days, or they probably asked for one or both of these, and their lawyers were like, "No." Uh, uh, Jane Joe's lawyer was like, "No, you're not getting all that. Like, answer the [ __ ] complaint. Respond to the complaint.

[00:06:04]Let's get this thing moving." Um, but I think that we are now that we are seeing these things trickle onto the docket. We are far enough into this that I feel comfortable that if what Jane Doe was looking for was a quick check, we would be done, right? Because um there's been plenty of time for her to get a quick check. Now, maybe she wants a check that's much bigger than Amy Griffin's willing to give. and and that's the the delta here, right? But if the plaintiff's lawyer doesn't want there to be a delay in response, understand that whatever the response is, whether it's affirmative defenses and an answer or whether it's a motion to dismiss is going to the theme of that document is going to be Jane Doe is full of [ __ ] Right? So, if you just wanted to file this, get a big check and go away, you would figure out a way to do that before that [ __ ] gone onto the docket and everybody got to see what the counterarguments are. So, the fact that this has gotten to this point leads me to believe that there might be something there. Um, also as we know, talk about um, you know, unequal in terms of ability. I have no idea whether Jane Joe is paying her lawyer, but I do know that at the beginning of the case, he filed an affidavit of indigency for her because she could not afford to pay the filing fee, which is only a couple of hundred, which I think there's, you know, you don't have to take a huge logical leap to think this guy's probably on a contingency. So, again, it could be that Amy Griffin's not offering them the money that they wanted. they wanted a quick check or they wanted a check if we're willing to wait a little bit longer if that has another zero on it. I don't know. But if they are if they are opposing extensions of time like get this [ __ ] on the docket and let's get this show on the road. Yeah, they want to get to Discovery, but whatever this is on the docket is not going to be something that makes them look very good and they know that. So, I don't know. That just gives me some insight as to where they