Discovery Hearing Transcript Available
I’ve been able to obtain the transcript of the discovery hearing, which took place on February 6, 2007. You can review it here.
Some highlights:
- …the plaintiff has evidenced a propensity for publication. [p7, 20-21]
- There’s no reason the case can’t be tried in June, July. [p10, 12-13]
- The Court: Do you have any authority that an oral agreement under these circumstances is unenforceable?…
AETN: Your Honor, I really am not prepared to argue that at this stage…
The Court: You should be. I mean, that’s the key issue…
AETN: There’s not a shred of evidence to support that claim…
The Court: His testimony is sufficient, unless some form of Statute of Frauds covers the agreement, thereby requiring it be in writing. And I don’t know of any. You spoke of New York law, and I don’t claim to know any New York law, I don’t even know whether New York law applies to this case or whether South Carolina law or somewhere in between. And I haven’t looked at the Statute of Frauds. But it seems to me that’s the first place you’re going to look. Because if the Statute of Frauds doesn’t prohibit his establishment of a contract, oral contract, enforceable oral contract, then his testimony is enough to override any summary judgment. It creates a genuine issue of fact. [pp13-14]
Julie wrote:
Exactly WHO would become part of something like this television show–to write, produce, etc.–and not expect any profit? Richard Davis plans, write all of that, shops it around only for “publicity”? That seems comically stupid to me. And of course oral agreements aren’t industry standard, but I don’t think Mr. Davis thought it’d remain oral–he was expecting the oral terms to be sent to him in written form.
Posted on 10-Apr-07 at 10:04 pm | Permalink
Steve in Texas wrote:
Funny. The counter claim alleges there was a “breach” when Trademark shopped their show to TLC and left A&E. A breach? Like “breach of contract”? That’s what the judge said! LOL
Posted on 13-Apr-07 at 11:24 pm | Permalink
Mary wrote:
I am an attorney - looking at the mediation issue from the prospective of having been there, done that - how can the court expect any meaningful mediation if he is not requiring discovery on the issue of damages? Let’s say both parties agree that there were no actual written contracts, (Note to A&E - a written agreement with no signatures is still no agreement, duh) so they had one, maybe two oral contracts, well that might settle liability, but it still doesn’t address the real reason you are in mediation - damages. Seems to me, silly girl that I am - that both sides need to do some more discovery before you can mediate. So, I have to respectfully disagree with the Court - this case is not ready to mediate. Some judges just can’t seem to get a clue - I would have liked to ask the Court exactly what are the parties supposed to be mediating?
Yay for Richard and the Real Deal. I loved his show and I loved the way he operated his business. These piss-poor replacements are a joke and in the case of the macho-boys in Texas, putting obviously tame cats out like they are feral barn cats. I want to know what happened to the two cats. A&E won’t answer that questions. That did not make for good TV at all. I was horrified that these jack-**s would do that, that so-called animal loving wife of his would do that to these cats, that the humane shelter or whereever they got the cats would let them have these cats to go out and kill rodents and poisoness snakes - and if you read the A&E discussion boards - so were a lot of other people. Gee, at least the poor contractors they regularly bully and rip off can walk away from the job - those two cats had no choice and if they weren’t scooped up by A & E and returned to the shelter or real homes, then they should be prosecuted for neglect and mistreatment of the cats like those so-called “macho sunglass wearing loan shark sub-prime contractor” bully boys.
And the Atlanta guy - All I thought when I saw these two crews was what - did A & E seek the dregs of the house flipping society? What’s the problem with paying a fair wage for a man’s (woman’s) labor? Is that supposed to make for good TV?
A & E lost it’s soul. Go Richard and thanks for discovering that Trial Lawyers are good people too!!
Posted on 15-Apr-07 at 1:48 am | Permalink
Steve in Texas wrote:
Re: “macho sunglass wearing loan shark sub-prime contractor” bully boys”
I wonder how much of that is sub prime too and he brags on his web site that he started with $50,000 in debt and a 501 credit score and with no money down. The only way to do that is with what are called “liar loans” that I’m aware of.
Check out ‘I am facing foreclosure (dot) com’. The kid was on Nightline the other night…
“Casey Serin: I’m a 24 yr old “would-be real estate mogul” from Sacramento CA. After going to a few seminars I bought 8 houses in 8 months in 4 states with no money down looking to fix ‘n flip. I made some mistakes and am now millions in debt”
Posted on 15-Apr-07 at 1:44 pm | Permalink
vtwintx wrote:
Now his family is ashamed.
http://www.woai.com/news/local/story.aspx?content_id=c32116f4-b000-4778-a1c7-f9a8b674f8f8
Posted on 28-Feb-08 at 4:39 pm | Permalink