|BETH MASON CERTIFICATION: Where o where did that "truth" stuff go?|
Under 'normal' circumstances, 31 months of litigation against 3 (separate) Defendants would be astronomically expensive.
Yet, nothing is 'normal' about Bajardi v Pincus. GA counted a total of 67 motions filed (not including responses: oppositions, reply briefs) prior to trial on January 28, 2015.
The Bajardi's attorney, Jonathan Z Cohen filed 30 motions alone, after replacing Whitney Gibson of Vorys, Seymour Sater and Pease, LLP and Amy D. Cox on November 20, 2103. Adding to their costs, Plaintiffs hired a lawyer in California, Jackie Rose Kruger (to subpoena Google) and a New York City firm, Seiger, Gfeller, Laurie, LLP. Then there were the subpoenas: 5 media companies were served at least once [AOL, Google, Cablevision, Advanced Digital Media, Hudson Reporter] , 6 non-parties served, John Does and Defendants. Plus 5 depositions, 3 videotaped... not to mention Cohen's travel and hotel expenses. Oh yeah, and discovery- I was served 6 separate requests, Horsey almost as many.
GA's estimates Plaintiffs' 31 month litigation cost at least $300,000.
The actual cost is probably closer to $400,000. That is at the core of Defendants' belief that the litigation was underwritten by somebody else- because we obtained Plaintiffs' financial documents: bank statements, credit card records, tax returns, through November 2013. That's where they stopped. Plaintiffs withheld over a year of financial records and emails, coinciding with the entry of Cohen and the scorched earth pummeling of motions, subpoenas, etc. In short, Plaintiffs provided no financial records to explain how they were paying for Cohen's explosion of litigation in 2013 and 2014.
Hence, Defendants tried to obtain information from Plaintiffs under oath, at their depositions.
LANE BAJARDI DEPOSITION
July 16, 2014
July 16, 2014
In short, he don't know nothin' bout birthin' no babies, nor the cost of his lawsuit.
Lane Bajardi did confirm that his Bloomberg 401K was not being tapped for the litigation, he payed for the last payment on his credit card and he expected his 2014 salary to be "in the neighborhood of $120-130K.
KIM CARDINAL BAJARDI DEPOSITION
September 12, 2014
September 12, 2014
Did you follow that? Me neither. But I'll take a shot.
According to Cardinal Bajardi:
- Lane reviews the litigation bills, she only pays them from her credit card.
- Lane and she have credit cards linked to the same account.
- All litigation bills are charged on her credit card.
- Their litigation bills are paid in full each month.
- She writes checks for the litigation bills from her TD checking or HBI account.
- On September 12, 2014 there was $5 left in her "Hubbard" bank (HBI?)
- She gets the money to pay her credit card off in full each month from "Our account. My checking account in Minnesota" [page 250]
- Her lowest monthly legal expense has been $7-8K, the highest monthly expense "over $40,000"
- Her legal costs are "devastating"
- She "can't recall" their litigation expenses in 2012, 2013 and 2014.
- She "can't recall" her last month's legal expense because "Lane paid it."
- Lane is not authorized to write checks from the Minnesota account[page 247] (Note, TD Bank has no branches or ATMs in Minnesota.)
- The Bajardi's disposable household income (after taxes) in 2013 was approximately $85K. (page 259)