Friday, December 4, 2015

On Tap Today- UPDATED


UPDATED: 5:30 pm
Folks, today was a mixed bag; GA was in Court as an eye and ear-witness.

The Main Event, whether the 1,000 "Garcia-Zayas emails" residing on HHA servers were subject to attorney-client privilege, was decided as follows.

The Court acknowledged that attorney-client privilege was waived on [Garcia-Zayas] emails where (1) a third party was copied, and (2) on "string" emails (commonly called a "thread,"where attorney communications were blended with others on the "string").

The HHA attorney, Tom Abate, was unable to give the Court specific information about the [Garcia-Zayas] emails, such as whether they contained third parties or "strings," explaining the subject email had been put aside.

It appears likely that the emails having waived attorney-client privilege (with third parties and "strings") will have to be identified and separated for use in the litigation, and released to be OPRAed.

As for emails between Garcia and Zayas, the Judge denied the motion without prejudice.

GA respectfully disagrees with the Court, but hey, I'm not wearing the black robe so who cares what I think?  If anyone has questions about the proceedings, I will try to answer.  John Heinis was there with a video camera, so check Hudson County View later.

Well, there is more to say but I will leave you with some new information.

Excluding emails subject to "attorney-client privilege," are "30,000 emails" sent to/from Carmelo's HHA account; these are public documents and OPRA-able.

30,000 emails.
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GA hears "6 motions" will be heard today- one of which is the matter of  Garcia's personal email being sent through the HHA network, one (or al1) of the others concern compelling Zayas to answer interrogatories [a list of questions to Plaintiff Garcia].

One source told GA, "Only significant motion is email. Though if judge orders responses [to interrogatories served to Garcia] there could be some interesting info coming to light."

The hearing starts at 1:45 for anyone who wishes to attend. Stay tuned...




5 comments:

  1. There has to be some juicy info in 30,000 emails. THIRTY THOUSAND EMAILS!?!

    Holy sh@! batman!

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  2. What a difference between Plaintiff and Defendants treatment of email discovery in Garcia v Zimmer. Carmelo runs like a bitch to the media with a couple dozen Grossbard emails (not "500" the number reported by the HR) while Defendants are sitting on 30,000 of Garcia's and NOT A PEEP. What a difference.

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  3. I would bet there is still some meat on those bones to make a tasty stew.

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  4. So...net-net, the court decision could have been better but it sounds pretty damn good to me! Carmelo must be sweating in his cheap suit right now, just thinking about all the nasty, embarrassing and potentially scandalous things he's written to people, and no Harvard-educated spin is going to get him out of it. That's suddenly A LOT of leverage for the city: drop the charges or get exposed in court. Ouch.

    First Mason and the Bajardis experienced the wonders of karma, now it's Garcia's turn.

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  5. We the peephole damand the release of those emails along with animal autopsies. The publik has a right to know so Lane can have it published on Hoboken 411!

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