It's the end of the world as we know it...

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8.8.04

A Lot of Hits Over A Few Days

The other day, I was online trying to determine which Emotionally Unavailable t-shirt I most wanted. Yes, I spent time debating which Emotionally Unavailable t-shirt best represented "me." Short-sleeve or three-quarter length? A plain white (I just don’t strike you as a plain white type of girl, do I?) or a baseball style shirt (need I even ask that question?) But what type of baseball shirt? Red trim? Blue trim? Black trim? What type of Emotionally Unavailable am I?? That’s when it occurred to me – I was debating an Emotionally Unavailable t-shirt. What does that say about me??

So let’s go over my last few days. Thursday night I got home at about 8:30 p.m. Yes, quite early, I know. Go me. So I was working and at about 10 I realized that I didn’t close my garage. I did so. Friday morning, I get to my car, and stuff is strewn about everywhere. Grr… I had money stolen, a pouch with credit cards (ok, my mentor at work has already gone into how dumb it was for me have credit cards in my car. I prefer to think that I’m trusting, not dumb, but I accept it’s open for debate). So then Saturday I went to the police station and reported it, then headed into work. I was there from 10 to almost 5. Practically a full day. Gak. But I went over to a friend’s house for a party BBQ. First, our definitions of BBQ are completely different. I think hotdogs, hamburger, and maybe, if you’re lucky, chicken. My friend things shrimp, tomato mozzarella, stuff like that. As the appetizers! Anyway, we’re there, she has a deck, it’s about 10 feet of the ground, and we sitting in a circle. I back up so that we cal all see each other … and backed myself up off the deck. I fell the ten feet and hit my back (luckily not my head. Though perhaps that’s open to interpretation.) Knocked the wind out of me. Scratched myself up. (Not sure how…) And today, I can’t really move at all. I am SO incredibly sore. I can’t sleep on my side. In my moving newhouseness, I don’t have a heating pad or ice pack. Life just rocks sometime…

Then, on Thursday afternoon (not chronological, I know!), I got a call from BC saying that the Pretrial was moved. Not that I don't trust opposing counsel, but I want to hear that from the court. So I called the court's clerk. She explained to me that it was moved because BC asked for an extension (on the day that her sj response brief was due) and that the judge couldn't have her summary judgment answer on the day. I pointed out to her than when it was due - that Monday, and I had ten days to file my reply brief, she wouldn't even have an answer by then. The clerk told me that I wasn't allowed to file a reply brief. I said that the local rules permitted me to file a reply brief (a change as of January 1, 2004) but she said the Judge doesn't allow them unless there has been an intervening change in law, per the Judge's Standing Order. Ok. I then asked about the Pretrial Brief - due the previous Monday - and asked why the plaintiff hadn't filed one. The clerk told me that she hadn't ever seen them before, and while they were required under the local rules, they were not required per the Judge's standing order. Hmmm....this creates a problem. I haven't seen the Judge's Standing Order. I had no idea there was a Standing Order in this case. I haven't seen one. So I search through everything, (we weren't counsel of record at the CMC, so I looked through the old stuff) and it wasn't there. So I called and left a message for the clerk, asking if I could send over one of the guys to pick up a copy in the am. Because whatever else is in that Standing Order, I desperately need to know.

Friday morning I get a call, and of course, I'm already in a negative frame of mind because my car was broken into (I live in the suburbs for crying out loud!) and the receptionist tells me the Judge is on the line for me. (Ex parte, anyone?) I pick up the phone and say goodmorning and ask how she is. She tells me that she is "kinda really argry." (Let's not even wax on how one is "kinda really" anything. You are either "kinda" or you are "really" but "kinda really" grated on me the same way that the Pittsburgh people says "yuns guys" or "warsh" (for wash, by the way, where does that R come from??). Anyway, it turns out that she is tired that counsel in this case has been calling her clerk four or five times a day and overwhelming here. What annoys me about this: I have called her clerk on two days - the first day I called her about a month ago to schedule a date and time for court ordered mediation. The second time was yesterday, where I made two calls. The partner on the case has called her once with opposing counsel to ask to speak with the Judge and have the Judge resolve an issue and rule on the phone. I have called once with opposing counsel on the phone for the Judge to resolve an issue. (For the record, the Judge ruled against us on both of those occasions.) That's it. And if opposing counsel if calling her "four or five times a day" I want to know why. Anyway, she tells me that reply briefs are not necessary 98% of the time unless there is new law, but if I feel that it is, "go ahead and file one" but be fast because she is reading this weekend to rule on it. So in other words, file today. And then when I said something about the Standing Order, she snaps, "I don't have a Standing Order." Umm...ok, I must have misunderstood. Yes, I must have misunderstood when the clerk told me all this stuff is in the Judge's Standing Order, that she had a Standing Order. Go figure. And if there is no Standing Order, then why hasn't BC filed a Pretrial Brief?? Maybe...because she's a bitch??

2 Comments:

  • At 4:12 PM, Blogger p.p. said…

    Sorry you've had a shitty past couple of days. Things are bound to get better. Good luck on the trial. Opposing counsel sounds like a lazy fuck.

     
  • At 6:15 PM, Blogger melyssa said…

    i'm sorry things haven't gone as planned for you the past couple of days. i hope you feel better soon. perhaps you can get jody gerut to rub some deep heat on your back?! :-)

    seriously... what doesn't kill us makes us stronger! have a great week!

     

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