Wednesday, September 18, 2013

Jon files motion to dismiss Kate's lawsuit

Jon's attorney, Shawn Tuma
Attorney and computer fraud expert Shawn Tuma's fantastic Federal Rules of Court 12(b)(6) Motion to Dismiss can be read in full here (if the link doesn't work trying reading the mirror on our site). Tuma rips Kate's initial complaint to bits, explaining why the lawsuit fails on multiple grounds, including statute of limitations, and accusations the lawsuit is a fishing expedition and doesn't come anywhere close to meeting all the elements of the various causes of action alleged. 

"The timeline of the case is straightforward. In 2009, Plaintiff was aware of allegations that “Jon Gosselin 'hacked' into her e-mails, phone, and online accounts,” she was profoundly disturbed by them, and she was “carefully considering all of her legal options regarding this matter, and she [would] pursue them if and when the time is right."5 Now, roughly four years later, Plaintiff has apparently determined that the time is right. Indeed, the Complaint was filed one month prior to the release of her new cookbook. However, all of Plaintiff’s claims, except for the Identity Theft claim, are governed by a statute of limitations of two years or less and are time-barred. These seven claims should be dismissed with prejudice."

448 sediments (sic) from readers:

«Oldest   ‹Older   1 – 200 of 448   Newer›   Newest»
Realitytvkids.com (Administrator) said...

I just pictured the jazz soundtrack to Razzamattaz going sour and slowing down to a halt as the batteries run out.

chefsummer said...

I hope Jon can get a victory.

Localyocul said...

Remember there was a post here congratulating them on their legal representation! Thanks for the motion link. Having followed Casey Anthony case with Fl open records I like to read for myself

Realitytvkids.com (Administrator) said...

Not sure Local, someone just posted it here.

It seems to me Shawn took an interest in this case just by reading the Google wires since he had been posting a bit about it. I wonder if he then felt compelled to reach out to Jon. Assuming that's the case, and I'm not sure how else Jon would know about this attorney, I think it's amazing and reassuring that a Texas attorney who specializes in such a thing would not only see something like this and be clearly very disturbed about it, but then take a chance on reaching out to the person being wrongfully attacked and say hey can I help? And thank God Jon accepted it. Or perhaps a good Samaritan pointed him in Shawn's direction. In any case, thank goodness.

Razamatazz does not specialize in this. Doesn't mean he can't come up with something decent, but he's playing with the big boys now who may be able to turn circles around any attorney with less experience in this area. This is not a knock at the other attorney, but just a fact. Specialization in the law can give you outrageous advantages, which is why being a jack of all trades lawyer can sometimes be a real downfall. Even if you never read a court case in your life any layman can see this brief is just ripping the other one to absolute shreds. Sometimes in family law a grandfather or uncle or someone will represent a family member but they do contracts or something. THey may be just brilliant, Ivy League educated even. But most family law attorneys will prey on them like sharks to a seal, eating them alive. They simply aren't specialized in family law and don't know all the little ins and outs. They are dead meat.

Localyocul said...

Oops! File not found for motion

Realitytvkids.com (Administrator) said...

Hey, makes sense now why Robert's so cocky. Makes sense. He knew Shawn was days away from burying them.

Realitytvkids.com (Administrator) said...

Weird I can't seem to get the links to work in this post but if you copy and paste

http://www.pdf-archive.com/2013/09/19/jon-motion-to-dismi
ss-9-18-13/jon-motion-to-dismiss-9-18-13.pdf

It works just fine.

Jane said...

When will the court make a decision?

chefsummer said...

If Jon does get a victory I'm scared to think of what Kate might pull next.

Localyocul said...

I LOL every time I read "razmatazz"

katie cry-duh said...

one word, 19 letters: bwahahahahahahahaha!

Meagler said...

I cant get the link to work. Could there be a limit on viewing from outside USA?

hard to keep loving Jon said...

And KK is all about mememem so what's the difference?
)))))))))))

Exactly, chef summer. They are both looking out for themselves.

Jane said...

I think BV talked her into this and recommended his favorite lawyer, Razzy, knowing they'd all make some money. Kate's far from the brightest crayon in the box and would fall for anyone who can keep her in the news AND skewer Jon at the same time.

Realitytvkids.com (Administrator) said...

I can't find if there are timelines for Rule 12b motions though I didn't work hard. I would guess they would set a briefing schedule. Kate's camp may get a chance to amend their complaint or reply.

Keep in mind 12b6 motions are rarely granted and if it's not granted it just means they'll hear the evidence first. Still, it's definitely worth taking a crack at getting it granted by going for it. Well done.

Meagler said...

Thanks Admin..off to read the motion now...

Tweet-le De Tweet-le DUMB said...

So Robert must have another attorney?

nofanofKateG said...

I would feel better about all of this if i wouldn't have seen the extreme hate tweeters tweeting this guy and and connecting him with Jon.

Shows jon has a connection to the extreme haters if you ask me.

PatK said...

Glad to see Jon has expert representation this time!!

nofanofKateG said...

jon knew about the attorney because ecj tweeted him and asked him to get involved. I have the tweets.

Realitytvkids.com (Administrator) said...


I would feel better about all of this if i wouldn't have seen the extreme hate tweeters tweeting this guy and and connecting him with Jon.

Shows jon has a connection to the extreme haters if you ask me.

&&&

I don't think it really matters how they linked up with each other. Jon can't control who refers him to what. Even if someone unstable referred me to a good doctor or lawyer, it it's the right one, what does it matter how I got there? The point is he got the right lawyer. There is nothing wrong or unethical or not right about someone, even a "hater" saying hey Jon take a look at this guy. The guy was writing articles about it apparently of his own accord, so, I would more likely assume that's how he got linked up. And, his articles demonstrated he knew exactly what he was talking about.

That said, I was told they had representation VERY early on, from the beginning basically. Perhaps they knew it was coming and had already lined it up. So who knows exactly what role who played in it or whether Shawn was perhaps even aboard before we even knew of him.

NotAlawyer said...

Hoffman is not mentioned. just jon. this lawyer is not working for hoffman.

Anonymous said...

pdf document: jon motion to dismiss 9-18-13.pdf

Realitytvkids.com (Administrator) said...

Yes I believe I saw he mentioned something about joining Hoffman's complaint, so perhaps we will see a similar one from Hoffman's lawyer, two attorneys double teaming it.

It is a good idea to have separate attorneys. Their interests may not always align.

Localyocul said...

NotAlawyer said... 15
Hoffman is not mentioned. just jon. this lawyer is not working for hoffman.

,,,,,,,,,,

I still can't read the motion

Realitytvkids.com (Administrator) said...

I hate "hater" tweets too but what does it matter? If a "hater" didn't tell him about this suit someone else would have. His articles were talked about backwards and forwards in the Gosselin sphere. He was going to be contacted eventually by someone.

Plus how the heck would Shawn know a "hater" was asking him to get involved? He doesn't follow this mess. All he knows is I've been alerted there is a problem here in an area I am an expert in and perhaps I could be of help. Much ado about nothing how he got on the case really. The point is he is the right guy for the job.

not buying it said...

Nice. All this hinges on the kids. THE KIDS told Jon that Kate threw everything out.

There's going to be some unrest going on in that house tonite. Poor kids.

Meagler said...

tap
Tap
TAp
TAP

...goes the sounds of the nails being hammered into a coffin......

Meagler said...

ladies and gentlemen,

prepare for the final flush!

Anonymous said...

Haven't read thread, still on last one..
thanks Admin re: Survivor.

I have loved this blog since it moved over to this place.

JOY, I enjoy most of your posts, but please, let's meet on Survivor boards..I promise, I use the same name, always. Contact me..
sang I H8 my stupid smart phone.

PS...last word was supposed to be lmao...

forgot to hit pad since I toggle languages.

Admin?, please never use caps writing my name.

thanks,

franky

Meagler said...

15 minutes of fame... 4,3,2,1 DONE!

Realitytvkids.com (Administrator) said...

The links work for me some of the time but are being really temperamental if you try to make a clickable link out of it. Perhaps this function has been disabled somehow by the site?? Until we can figure it out I copied and pasted it into a post. Not as pretty but at least you can read it.

http://www.realitytvkids.com/2013/08/case-513-cv-04989-jls-document-3-2.html

marie said...

TFW is so transparent and I am happy that this lawyer pointed out the timing of her suit with the release of her crook book. I feel so bad for the kids. TFW is a horrible person with no conscience. I really don't like to wish bad things on anyone but I do wonder when she will ever have to face consequences for her bad behavior.

Marie

Realitytvkids.com (Administrator) said...


Nice. All this hinges on the kids. THE KIDS told Jon that Kate threw everything out.

There's going to be some unrest going on in that house tonite. Poor kids.

&&&

Poor kids indeed but Jon has to tell the truth. If the kids told him she threw them out the kids told him that and he has to be honest and disclose that. I too just hope Kate isn't taking this out on them, but I think it's far too late for that. The lawsuit really hinges on the statute of limitations though, not the kids.

Realitytvkids.com (Administrator) said...

You know what's funny is I read this guy's articles this month with interest nodding my head the whole time saying hey that's what we said! And yet for some reason I don't think it occurred to me well DUH Shawn should represent Jon. LOL.

Meagler said...

Admin, help to explain this.. Section H...

H. The Complaint Fails To Adequately Plead Several Requirements Of The Invasion Of
Privacy Claim (Count VIII).

.....The Complaint does not allege that the information claimed disclosed was not true. In the
event Plaintiff’s conclusory claim for Invasion of Privacy purports to assert a claim under the
separate torts identified as (1), (3), or (4) above, “there can be no liability when the statement is
true.”.....


Is Mr. Tuma telling the court that TFW has never made any claim the information released is untrue???


Anonymous said...

People article online entitled, "Jon Gosselin: From TV Stardom to Waiting Tables".

Curious how his ET taped interview and now this People article appear the day his Motion to Dismiss is filed.

Part of a counter attack possibly?


bm

AuntieAnn said...

Well I guess that habit Kate has of throwing things out - gifts, Jon's stuff, the kids Sunday school projects, etc, finally bit her in the ass. She'd better not take it out on the kids. It's a good thing she's going to be out of the house for a few days.

Kristine said...

"jon knew about the attorney because ecj tweeted him and asked him to get involved. I have the tweets."
_______________________________________________

If this is true, nofanofKateG... then I LOVE YOU EMERALD!! !!!!!! ECJ!... ECJ!... ECJ!... Twitter is certainly good for something, folks. Is Kate not capable of reading the law, prior to filing a suit? Are her goofball Dream Team (LOL) attorneys equally useless? I mean really. Tuma just let the air out of TFW's head-- woooosh.

Does Kart still believe if you work hard, then you too can have a servant? Just pondering that disgusting quote quietly to myself. She needs to get a job and stop with the desperation. Child and animal abuse is illegal. No jury of her peers will ever side with monster mommy, once they read the content of Robert Hoffman's Book.

(Tuma also seems rather likable, not to mention good looking.)

Paula said...

It seems Jon has a real lawyer. Bet Kate didn't see that one coming..LOL...

Sleepless In Seattle said...

You know what's funny is I read this guy's articles this month with interest nodding my head the whole time saying hey that's what we said!

--------------------------
Yes! That's the first thing I noticed when I read the motion, how the folks here went digging, asked questions, and so many things were what we said, such as the computer value, how she was libeled when she never admitted the stories were untrue, where was the identity theft, the SOL, the hacking allegations, Kate acknowledging that she suspected hacking in 2009, and more.

It sounds like Shawn hasn't been sleeping on the job. He's been doing his homework.

I'll have to go back and read it again carefully, but Kate is going to be disturbed that Jon didn't roll over and play dead. Good for him.

"Hoffman is not mentioned. just jon. this lawyer is not working for hoffman."

------------------------

He is mentioned. Pages 24 and 25 specifically refer to Hoffman. I only skimmed through it, but perhaps he is also mentioned on other pages.

OrangeCrusher1 said...

Fascinating. Just reading the intro pages, I love how this lawyer illustrates the ownership/usage of the computer. Purchased by Jon, administered by Jon, used by Kate who had no administrative control of the computer. Of course the kids told him about mom and friend throwing things away - her anger and rage must have been extremely frightening to them at the time, poor things.

Hmm, how is the idea of discovery, under oath, feeling about now TFW? Ready for a few questions about this lawsuit and not the crapbook while out on "tour"? Great advice from BV to start this one.
Snap.

Dismissed! said...

Shawn did not contact Jon first, Jon called him. Jon has no link to the extreme haters. I can't go into it, but that's not what happened.

Kristine said...

"The lawsuit really hinges on the statute of limitations though, not the kids..."
88 888888

Yep, Admin. I don't recall the statute being brought up here, or anywhere for that matter. We can't expect ROL to raise the question, as they can barely get a proofread/fact-checked article out!

The kids telling Jon his belongings were tossed out into the garbage by their mother is both upsetting and comical. How stupid was Kate to think the paps wouldn't lap that SH*T up like a thirsty dog?

Susantoyota said...

Go Jon!! He appears to have excellent representation and if finally playing hardball.

Cue TFMJG's steely-eyed glare followed by crocodile tears followed by "I can't discuss it on the advice of my attorney" when she appears on the few talk shows willing to book her flat a--. I'll bet those segments will be so brief she'll wonder what happened.

This may be it for TFMJG in the court of public opinion . . . . is that Dorothy in the shadows with a bucket of water?

Sleepless In Seattle said...

Yep, Admin. I don't recall the statute being brought up here, or anywhere for that matter.

--------------------

The SOL was discussed here at length. Perhaps admin or the blog's resident historians can point you to it!

AuntieAnn said...

Kristine said... 35

(Tuma also seems rather likable, not to mention good looking.)

====

Yes, he is. He looks a lot like Michael J. Fox.

Sleepless In Seattle said...

MsGoody2Shoes21 ‏@msgoody2shoes21 1m
@Cato_Cat @SooooooStupid @Truth_Teller201 @Kateplusmy8 I will say Jon did not look bad on TV. He actually looked healthy & attractive.

Someone please tell me that I read this correctly and it wasn't the multiple shots of Jack Daniels that made me see what I think I see!

Laine said...

Hmmm...wonder who was the 'friend' helping TFW throw all this stuff out?

Over In TFW's County said...


He is mentioned. Pages 24 and 25 specifically refer to Hoffman. I only skimmed through it, but perhaps he is also mentioned on other pages.

++++++++++++++++++

Pages 7 and 8 also mention Robert.

Jane said...

MsGoody2Shoes21 ‏@msgoody2shoes21 1m
@Cato_Cat @SooooooStupid @Truth_Teller201 @Kateplusmy8 I will say Jon did not look bad on TV. He actually looked healthy & attractive.

Someone please tell me that I read this correctly and it wasn't the multiple shots of Jack Daniels that made me see what I think I see!

------------------

LOL!

In the past week or so, Goody has become the sweetheart of Kate's timeline, saying that she's not going to argue and tweeting innocuous links to news articles. She's scared. She knows what she tweeted in the past, what she wrote on blogs and in emails and knows it may bite her in the butt. Karma!

Meagler said...

MSGOODY tweeted THAT?!?!?!?!?!?!

things that make you go hmmmm.....

perhaps she has seen the light and is jumping ships?

Meagler said...

Admin...stop cleaning in between posts, this is exciting...... the posts are not going up fast enough...lol...

Bitchy Pants said...

I clicked on "mirror on our site" and had no trouble bringing up the motion. I slogged my way through it and, although I don't understand all of it, it certainly sounds logical and well supported. I'm especially loving plaintiff does not allege the information is false'! So she's basically admitting in court documents that she beat the tar out of those innocent babies in fits of temper over potty training accidents and what she viewed as "defiance" but were actually normal developmental stages. I've got plenty of popcorn. Who has the rumspringa? This is gonna get goooooooooooood!

On another note -- what all did Jon talk about in his ET interview?

Terri said...

Absolutely fantastic read of the motion to dismiss. He states the facts very precisely and lays out all the reasons why legally this suit in it's majority should be dismissed. All I can say is It's about damn time Jon has an attorney in his corner that KNOWS THE LAW!! Kate my dear, you may have awoken a sleeping giant. You are playing with the big boys now.

Sleepless In Seattle said...

(Tuma also seems rather likable, not to mention good looking.)

----------------------------

He's unavailable. He's married with five, count 'em, five kids! LOL!

He seems to have a sense of humor, sounds like a down-to-earth guy you'd like to invite over for a barbecue!

Kristine said...

"Great advice from BV to start this one. Snap."

JON +++++++++++++++++ 8 ------------ BV & KATE

Haa, OrangeCrusher1! What were they thinking? A major backfire. BV needs to choose their battles wisely, I guess. (Every time I get take out at Bollini's Pizzeria here in Monterey Park, I think of your hubby. Plus I work in the OC now... Hee, tiny little world ;)

Speaking of food... at least Jon gets to see a real gourmet meal now. Their plates looked elegant at the restaurant, compared to the failed cookbook slop Kreidie's serving up.

Jon's on ET again tomorrow. Guest spots all week?



chefsummer said...

Sleepless In Seattle said... 45
MsGoody2Shoes21 ‏@msgoody2shoes21 1m
@Cato_Cat @SooooooStupid @Truth_Teller201 @Kateplusmy8 I will say Jon did not look bad on TV. He actually looked healthy & attractive.
_____

Say what....

Aw goody it's to late darling you bash Jon so much and you're saving face. LOL

Team Tuma! said...

Shawn Tuma is brilliant! I wonder if there will be a legal defense fund set up. I hope Shawn at least gets lots of valuable publicity out of this.

Over In TFW's County said...

I've got plenty of popcorn. Who has the rumspringa?

+++++++++++++++++++++

Raising my hand here, Auntie. I always have rumspringa -- the real stuff. Come on over!

Meagler said...

MsGoody2Shoes21 ‏@msgoody2shoes21 4m

Because Jon is REASON Kate is going thru this drama. I hope & pray this is the last time.

MsGoody obviously doesnt know about the Motion to dismiss. Her prayers may be answered before she knows it, except it might be her beloved TFW who goes down in history as the cause of the drama...

DUH..thats a no brainer!

Kristine said...

I did want to point out that during the summer in question, the paps and media were sneeving like roaches (my mom's saying) at the chance to see someone... anyone, outside the Kompound. In fact, I just read an article yesterday, from during that time in 2009. Entertainment Tonight was staked out (total TV crew & ET Reporter) at the Gosselin Manor, awaiting a glimpse of Jon as he arrived/attended the twin's birthday celebration. Only to be told Jon could only spend 2 hours with the girls by TFW.

If I flew all the way out to PA from L.A., I'd be dumpster diving with my Grab-It on day one. Kate is a fool.

Over In TFW's County said...

I'm especially loving plaintiff does not allege the information is false'!

++++++++++++

But Milo and the flock have maintained all along that Robert falsified her journals, either by altering them or creating new ones. How will they address the fact that she is not saying the information is false? Should be interesting.

Kristine said...

Perhaps Jon has been reading Tuma's articles, and decided to put the smack down on Kate & Co.

Thanks, Dismissed! As Nancy Grace would say... thank you, friend.

Realitytvkids.com (Administrator) said...


Because Jon is REASON Kate is going thru this drama.

&&&

No. It's Kate choice how she deals with what comes her way. She can create "drama" out of it and escalate it, or she can ignore it, or get therapy, or sit down and talk with the person, or have other people quietly help her with it and shut up. Drama is her choice way to deal with it. There are plenty of people who have been through nasty divorces who see the whole thing as quite drama free. In fact I have a feeling if you asked Jon about all this he'd shrug and say whatever, it is what it is, she does what she does and I just live my life. Two vastly different approaches to the same situation.

Over In TFW's County said...

In the past week or so, Goody has become the sweetheart of Kate's timeline, saying that she's not going to argue and tweeting innocuous links to news articles. She's scared. She knows what she tweeted in the past, what she wrote on blogs and in emails and knows it may bite her in the butt. Karma!

+++++++++++++++++++++

She did start up again today on the child support thing, but I think caught herself before she went on a rant.

AuntieAnn said...

Over In TFW's County said... 60

I've got plenty of popcorn. Who has the rumspringa?

+++++++++++++++++++++

Raising my hand here, Auntie. I always have rumspringa -- the real stuff. Come on over!

====

I think that was Bitchy with the popcorn, but I'll join you anyway if you don't mind :o) Who am I to turn down an invitation to drink Rumspringa? lol.

I don't even feel bad about feeling good that Jon's former wife is getting a little dose of her own medicine. It's high time.
She'll be seething. How dare he do this to ME!!!!

Remona Blue said...

Meagler said... 36
''H. The Complaint Fails To Adequately Plead Several Requirements Of The Invasion Of
Privacy Claim (Count VIII).
.....The Complaint does not allege that the information claimed disclosed was not true. In the
event Plaintiff’s conclusory claim for Invasion of Privacy purports to assert a claim under the
separate torts identified as (1), (3), or (4) above, “there can be no liability when the statement is
true.”
~~~~~~~~~
That is my very favorite part of the entire motion to dismiss.

My second favorite part is where it explains that Jon owned the computer and was the administrator of the entire thing, and then goes on to explain exactly how the disks were created as back up, with Jon making TFW her own set of disks. TFMJG threw her own copies into the trash. She is her own worst enemy!

Since Jon's attorney is the father of five, I hope he read TFW's journal detailing her extreme abuse of her toddler boys!

Dmasy said...

There might not be enough Rumspringa in PA to drown the sorrows of TFW.

I don't know what she is thinking right now, but I am pretty sure screaming into a pink phone is involved.

Realitytvkids.com (Administrator) said...

Did you see Shawn also put "JURY TRIAL DEMANDED"?

Baw-hahaha. Two can play at the jury game.

It finally happened. Jon finally got a legal team better than Kate's. They talked absolute circles around her clowns. It's like watching a polar bear bat around a chipmunk for awhile then eat it.

chefsummer said...

Because Jon is REASON Kate is going thru this drama.
_______

I'm sorry who's suing who in this situation?

And who couldn't let things go in this situation?

Not Jon not Robert not her twitter fan but TFW that's who.

Over In TFW's County said...

I don't even feel bad about feeling good that Jon's former wife is getting a little dose of her own medicine. It's high time.
She'll be seething. How dare he do this to ME!!!!

+++++++++++++++++++

She never should have poked the bear.

Everyone's invited for some rumspringa. Just watch out for those horse and buggies. They can be a nuisance at night and you'll find yourself upon one faster than you can say, "Can we sue?"

Over In TFW's County said...

Is it just me, or does anyone else think that Shawn looks a bit like a heavier and younger Michael J. Fox?

Over In TFW's County said...

I don't even feel bad about feeling good that Jon's former wife is getting a little dose of her own medicine. It's high time.
She'll be seething. How dare he do this to ME!!!!

+++++++++++++

She opened this can of worms and if I were Kate, I'd be scared out of my mind at what might come out in depositions. The best thing that could happen for her in this case is that it IS dismissed.

Realitytvkids.com (Administrator) said...

You're right, a dismissal would be good for her. And yet I wonder if she needs to be dragged through every last painful motion of this lawsuit, through the bitter end. Let it drag on years and drain her of every last cent. Only then maybe she really finally learn her lesson. Do...not....poke....a....sleeping...bear.

Millicent said...

And that is how a good attorney kicks some legal butt and points out that his opponent (the plaintiff's attorney) isn't very good at his chosen profession. If Kate thought Jon would roll over and play dead, she has been informed "you are greatly mistaken."

Pardon me while I go "ha, haaaaa, haaaaaaaaaaaaaaa!"

Kristine said...

I have to wonder had Hoffman's Gosselin Book portrayed TFMJG in a positive light, would she have sued Jon & Co? My senses say yes. Kate doesn't want anyone making money off of Jon's family name, but Kate. Jon should counter file, and ask that Kate never personally uses his Gosselin name for profit- and 'demand a jury trial' to restore Katie's Kreider maiden name. (God, I love this angle- go with me.)

If you break it down and lose the semantics, you get one thing. Kate Gosselin brutally abused her kids, pets and ex-husband/family. She also cheered with glee, when another mother of multiples lost her baby. Sick knowledge, without ever reading the book. She's toast. Is there a statute of limitations on beating the crap out of your infant? Neglecting your pups? Hit and run?

AuntieAnn said...

Hey maybe she's on the phone telling Jon he should quit "bullying" her and back down from this for the kids' sake. She always puts them up as a shield. Or she's saying are you upset with me, did I do something wrong? Flashback to screaming at him like a dog in the toy store.

She's sunk. The whole 12b6 motion reads like Tuma is saying You gotta be kidding. This plaintiff is out of her mind if she thinks this is gonna fly.


Realitytvkids.com (Administrator) said...

What Jon should do is at least make a motion she pay for all his costs including his attorneys fees. I'm guessing good ole Shawn here bills at least $450 an hour and this motion probably took him at least 40 hours between all the research and talking to his client and writing.

He was being generous not to ask for that in his motion to dismiss.

"She's sunk. The whole 12b6 motion reads like Tuma is saying You gotta be kidding. This plaintiff is out of her mind if she thinks this is gonna fly."

LOL I was thinking that the cliff notes version of what he's saying is: "What in the heck....?? Golly!" Texans say heck and golly a lot.

Realitytvkids.com (Administrator) said...

Yes and in any case.....ain't it always nice to know we weren't so crazy after all about all this?

Have a good night all.

Meagler said...

Just to be clear, it was MsGoody who said " Jon is the reason for this drama".. not me... I truly can not wait till her sheeple learn about the MTD ( Motion to Dismiss).

I too noticed the Demand for Jury but wondered if that was TFW's demand or Jon's. That confused me as wouldnt a MTD mean it would just not go any further? if so why need to Jury?

Also, April 2010 was the timefram of Dancing with the Stars. TFW wife was on many tabloid Tv shows and felt she was likely at the top of her world. Jon had filed suit to claim full custody of the kids and claimed she was an absent parent.

Kate was tired, seething and likely didnt hear a word Jon was saying to her, and in her quest to abolish all things Jon, she threw the baby " ( her copies of the backed up hard drive) out with the wash ( or in her case the garbage).

Kate thought she was invincible, and I think she and BV still think they are invinsible.



I am torn whether it is in the kids best interest for this lawsuit to follow through to the bitter end and perhaps Kate have her eyes opened, and the explotation be stopped, or wether it should end now, and the kids can try to have a somewhat typical life with a Father who is trying his best to look out for them.

Millicent said...

nofanofKateG said... 20

jon knew about the attorney because ecj tweeted him and asked him to get involved. I have the tweets.
***
For purposes of this lawsuit, it really doesn't matter if Jon heard about this attorney because of a tweet, or otherwise. It's not illegal for one person to tweet another, suggesting an attorney.

I read the motion to dismiss - the copy I was able to access via the link didn't show a file-endorsed stamp, or the heading that is normally on any pleadings, but I presume that this is legit and was actually filed with the court. The pleading itself is very detailed, very thorough, and it takes apart, bit by painful bit, every allegation in Kate's complaint. Even if the motion is not granted, this is throwing the gauntlet down and shows that Kate's attorneys better at least try to get their act together or face a legal beat down during discovery. I imagine this attorney would be quite formidable in a deposition. Kate would probably have a melt down under his questioning.

fidosmommy said...

I recall several people here said the original complaint sounded poorly written, like it was turned over to a newbie to file. I realize layers can't know everything about every legal precedent, but even I could see there were holes big enough to drive a truck through.

Millicent said...

not buying it said... 27

Nice. All this hinges on the kids. THE KIDS told Jon that Kate threw everything out.

*****
No it doesn't. I'm not sure how one sentence in a 27-page motion to dismiss is turned into "it all hinges on this." The motion to dismiss takes each and every allegation of the complaint and basically rips it to legal shreds. Paragraph by paragraph, the attorney lays out the legal reasoning for why the case should be dismissed. One of the main allegations is that 7 out of the 8 counts are barred due to statute of limitations (not brought before the two years ran). How is that connected to the kids telling Jon anything? Answer: It's not.

Kristine said...

Over In TFW's County said... 60

I've got plenty of popcorn. Who has the rumspringa?

+++++++++++++++++++++

Raising my hand here, Auntie. I always have rumspringa -- the real stuff. Come on over!

+++++++++++++++++++++++++++++++

They have a new Rumspringa Auntie A (use at your own discretion or drink at home)... it's called a Buzz Ball. They're like 20% rum/alc. and 80% springa. Looks like a colorful plastic baseball filled with booze. About 3 bucks- I'm just doing Bud tonite... cheers. I'll bet their fancy eatery has an influx of biz lately. A PA local said it's exquisite inside, and the food is class A. Jon does need to stop using his hands as much, since he's not using a notepad for guests. He looks like he's doing the couch interview... loosen up a little! Of course he's not on camera as he once was.

Kristine said...

LOL... TFW's County- yeah, a bit little like MPK.

JoyinVirginia said...

Thanks for this VERY INTERESTING post admin! I would contribute to a legal defense fund! And I so want to go to Baltimore now to ask TFMJG what is her opinion of the motion to dismiss!
Franky! I will look for you on some Survivor boards. I am really busy IRL and had to record the premiere. I always read spoilers so I know who did what to whom already, but watching the entire game its the fun part.
I will be interested to read the reaction to the BB finale tomorrow.

Susantoyota said...

Meagler said... 80

I am torn whether it is in the kids best interest for this lawsuit to follow through to the bitter end and perhaps Kate have her eyes opened, and the explotation be stopped, or wether it should end now, and the kids can try to have a somewhat typical life with a Father who is trying his best to look out for them.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

This will probably sound harsh, but I think this needs to be played out until the bitter end in front of a jury or at least dismissed with extreme prejudice. Too many people have backed down from TFMJG in the past. Robert's book needs to be re-released. He should seek attorney fees and court costs from since this is obviously another publicity stunt/effort to keep him down.

One more thing Jon needs to do--find a good forensic psychologist to interview the kids and Jon, but especially the boys, and write a report for the court. On the day the current suit is dismissed or the jury gives a verdict, file for emergency custody of the kids or at least those that want to live with him.

NJGal51 said...

I think that Goody has finally realized that she shouldn't have said some of the things she did about Jon because the pendulum swings both ways and she's been as bad with her comments about Jon as the "haters" have been toward TFW . Unfortunately it's too late for her to spew rainbows because all that she's said can't be unsaid.

NJGal51 said...

Joy - I always read spoilers too and go out of my way to find them. We're two of a kind.

Bitchy Pants said...

Auntie Ann said "He looks a lot like Michael J. Fox."

I think he looks a lot like Bruce Boxleitner, if BB were a bit heavier. Regardless, he is a very good looking man.

Meagler said...

So I just saw part of the episode where the Duck Dynasty boy , Luke, I think his name is, wakes up after dental surgery. He makes some comments that concerns me will create some rude comebacks by some people.

Has this family also fallen under the hypnosis of the reality TV gods? Korie says it was expensive and so they are going to enjoy this?

well ..
1) we all know that they likely didnt pay for this dental surgery as it has become an episode , so all expenses paid,

and
2) really one things for that too happen within the privacy of the family, but to put it out their for the whole world..

I certainly hope Luke doesnt ever regret that being filmed.

Realitytvkids.com (Administrator) said...

One last comment.....I just realized he didn't make an anti-SLAPP motion. I really think that's a viable motion to make. However, when thinking about it, it's really Robert who is making the speech here. Jon's not trying to say or publish anything from her stuff. So perhaps that will come from Robert.

The legal nerd in me would be curious to know why they didn't go that route if they ultimately pass on attacking it as a SLAPP.

Katie cry/-duh said...

I love this lawyer. Beating Kate at her own game and unleashing this motion to dismiss RIGHT BEFORE her book tour and scheduled media appearances. He has tweaked the momentum in Jon's favor just as she is to be interviewed by a bunch of people. Love it

Meagler said...

Susan @ 86... I dont take what you said as harsh, I just worry about the well being of the kids if this does go to the bitter end.

TFW might fart rainbows and unicorns out of her arse, but venom comes out of her mouth,and well we have all seen the pictures of the cardboard role.

TFW might have things under control right now, as far as her temper goes, but under stress, former behavior has a way of resurfacing....

Remona Blue said...

Meagler said... 91
''TFW might have things under control right now, as far as her temper goes, but under stress, former behavior has a way of resurfacing....''
~~~~~~~
I do agree that TFW's former behavior my resurface, but the children are older now, and she is very aware that Jon has a good attorney on his side. If she dares to step out of line with the children while all this is going on, she will be going from the frying pan straight into the fire!

aeduko said...

If you go to blindgossip.com, there is a blind item posted today about a last minute casting change on Dancing With The Stars due to someone's exwife doing everything she could to get him off the show. A new celebrity was substituted. Jon's the go-to answer.

Susantoyota said...

Meagler said... 91
Susan @ 86... I dont take what you said as harsh, I just worry about the well being of the kids if this does go to the bitter end.

TFW might fart rainbows and unicorns out of her arse, but venom comes out of her mouth,and well we have all seen the pictures of the cardboard role.

TFW might have things under control right now, as far as her temper goes, but under stress, former behavior has a way of resurfacing....
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

I know, I know. But the older girls have phones and the kids are surrounded by mandated reporters at school. All the more reason for Jon to get the forensic interviews started now and be prepared. He's got to be even more proactive now re: the kids and their well-being.

Sleepless In Seattle said...

If you go to blindgossip.com, there is a blind item posted today about a last minute casting change on Dancing With The Stars due to someone's exwife doing everything she could to get him off the show. A new celebrity was substituted. Jon's the go-to answer.

--------------------------

All of that was discussed on the previous thread, but came to a halt when the Motion to Dismiss surfaced.

Boyson said...

The lesson for Mr. Razamataz-erish is:

Never bring checkers to a chess match.

Anonymous said...

In my office we do a lot of litigation. It goes with the type of our business. I would offer us all a word of caution, not to be celebrating at this point of the game. While the filing looks promising I am sure the Admin would agree that we are still a long way from this being thrown out.

Kristine said...

"Hmmm...wonder who was the 'friend' helping TFW throw all this stuff out?"
_______________________________________

I'm not for certain, but... "It starts with a J, and it ends in an A-M-I-E!" Kate had no other friends then, let's be real. Yeah, it wasn't Beth. Allegedly (well she was) J was staying in the apt. with her kids after her big D, when it happened. I believe it was after the "Inside Kate's World" DWTS TLC episode, where she can be seen in a purple sleeveless blouse and white jeans visiting/dwelling above the Garage. Kate had to make room for misc. company, thus Jon's crap was tossed out along with the pap'd (over nighter) babysitter, Stephanie Santoro. Don't ask how I remember this. It's a Ble$$ing and a curse. -theory 1.1-

I think we need to issue a subpoena in BFF-ville.

Kristine said...

Kate Gosselin ‏@Kateplusmy8 13 Jun 11
@AlannahtolivXX

Nope. Not going anywhere! It's a ruma (instead of a 'tuma' aka tumor- sorry I'm tired, bad humor)

________________________________________

Apparently, Kate tweeted this over 2 years ago in June. If she only knew what 'Tuma' would do to her.

Jon is asked the big hacking question tomorrow on ET. I might watch, or checkmate her 6 sheep.

Kate is a twit said...

Boyson said... 95
The lesson for Mr. Razamataz-erish is:

Never bring checkers to a chess match.
==========================

I like your comparison to chess. Robert also used a comparison to chess for the new cover of his book, with Kate as the Queen and the children as her pawns. When I took a look at BritonTuma's website, I saw another comparison to chess. Under Case Strategy and Execution Philosophy it says the following:

"It is in the fight that Shawn thrives! He does so by utilizing his extremely high level of intensity and focus to work toward achieving his client’s litigation and business objectives in the most efficient manner possible. He knows that no two cases are the same. These objectives cannot be efficiently obtained by aimlessly or whimsically “litigating” a case without a carefully planned strategy and plan for execution. As with the game of chess, every move must be strategically considered and planned out well before the move is made.

http://www.brittontuma.com/who-we-are/shawn-tuma/

Hope Kate knows what the term "checkmate" means.

Tweet-le De Tweet-le DUMB said...

Millicent said... 81
I read the motion to dismiss - the copy I was able to access via the link didn't show a file-endorsed stamp, or the heading that is normally on any pleadings, but I presume that this is legit and was actually filed with the court.
===============

I'm saving my celebrating until I see an actual "FILED" stamp on that document. Yep, I'm a born pessimist.

Vanessa said...

♪♪Oh what beautiful morning♪♪ Oh what a beautiful day♪♪ ♥♥ YES!!!

Dot said...

Admin, I thought there was no federal Anti-SLAPP law. Can you make the case regardless?

BitchyPants, yes, Shawn Tuma does look like Bruce Boxleitner and that motion he filed proved he's not just a pretty face. Smart is so sexy!

marie said...

I don't normally partake in the rumspringa but these recent events are definitely worth celebrating. TFW usually slithers out of any kind of consequences but I don't think that's going to happen this time. And yes Goody is definitely back pedaling on Twitter LOL. #ticktock

Marie

jbranck1980 said...

It will be interesting to see what she says on Katie since that was taped before the motion was filed. Even more interesting what she says during her appearances next week. I'm sure the old "On the advice of my attorneys I can't discuss it" line will be used multiple times.

chefsummer said...

Kristine said... 96
"Hmmm...wonder who was the 'friend' helping TFW throw all this stuff out?"
______

Well since Steven throws away all of her gifts from fans I bet he tossed Jon's things.

Terri said...

Shawn Tuma
September 11 near The Colony, TX
New case. New client. Computer Fraud and Abuse Act is the key issue. Briefing. All night. Not because I have to, but because I want to, and we just may make a little law in the process. I cannot wait until this one gets filed!

Terri said...

Sorry I forgot to add that I pulled that quote from Shawn Tuma's facebook.

Hmm said...

Funny how no one here has mentioned that the version of events in the motion to dismiss doesn't jibe with Robert's "it was a dark and stormy night" tale...

Marie said...

Terri said... 111
Shawn Tuma
September 11 near The Colony, TX
New case. New client. Computer Fraud and Abuse Act is the key issue. Briefing. All night. Not because I have to, but because I want to, and we just may make a little law in the process. I cannot wait until this one gets filed!

****

Nice! Finally looks like TFW will not be allowed to file a ridiculous lawsuit to gain attention, cause another upheaval of her children and Jon's life, and then be allowed to slither back under her rock. Whoever pointed Jon to this lawyer. . . Thank you! Of if Jon did it on his own, good on you Jon! Hoping to finally see some real justice done here.

Marie

NJGal51 said...

When backed into a corner tweet pictures of either the kids or Shoka to deflect, deflect, deflect. Life is just grand in Gosselinland.

@Kateplusmy8: Shoka says, 'I'm waiting for my cookie......' pic.twitter.com/HO46qjBl18

TLC stinks said...

From USA Today:

"Hi, Welcome to Black Dog. My name's Jon. Ready to order?"

That's Jon Gosselin, 36, greeting diners at Black Dog restaurant in Beckersville, Pa. The father of eight kids and ex of Kate Gosselin tells Entertainment Tonight that it's "next to nearly impossible" for him to find a job.

"I've hit rock bottom like 20 times. I just bounce back."

He says, "No," he's not struggling to make ends meet. He likes being a waiter.

"At first I was nervous because I was like, 'How are people going to react?'" he says. "But then I'm thinking, 'Well it's fun and I get to talk to people.' And they technically already know me, so they're like 'Are you the guy?' I'm like, 'Yeah, I'm the guy.'"

He is happily living in a cabin "in the woods" with no TV and no Internet, reports ET.

But he has no regrets about anything. "You learn from your mistakes."

Realitytvkids.com (Administrator) said...


Boyson said... 95
The lesson for Mr. Razamataz-erish is:

Never bring checkers to a chess match.

&&&

Or to Hungry Hungry Hippos.

The OP is right about not celebrating too quickly. Rule 12b6 motions are rarely granted. Especially since usually the other side is given liberal leave to amend. They may clean the whole thing up enough to survive a 12b6. However I'm mostly just relieved Jon found the right lawyer who is an expert in the field. That's what I'm celebrating. I understand this case might take awhile and that it may not be case closed just yet.

localyocul said...

Education
Shawn earned his Juris Doctrate degree from Regent University School of Law where he graduated Summa Cum Laude and had the privilege of serving as Editor-in-Chief of the Regent University Law Review. His greatest honor, however, was being selected by the Administration and Faculty as the Outstanding Graduate in the School of Law. He earned his undergraduate degree from Northwestern State University, with honors.

Realitytvkids.com (Administrator) said...

s Editor-in-Chief of the Regent University Law Review

&&&&

If you guys don't know, editor in chief of law review is pretty much the highest honor you can achieve in law school. Some people will sacrifice grades to be on law review. It is an honor to even be on staff let alone be editor in chief. It's not like the college paper. You have to be invited on by older students and faculty. He's a very bright and ambitious guy.

Thank goodness, Jon. Finally.

Paula said...

If Kate had any smarts she would hope that lawsuit was dismissed. Discovery could be absolutely brutal for her and what little reputation she has left. Of course, Kate probably believes since she filed the lawsuit, the only discovery is against Jon.

Realitytvkids.com (Administrator) said...

Hmm said... 113
Funny how no one here has mentioned that the version of events in the motion to dismiss doesn't jibe with Robert's "it was a dark and stormy night" tale...

&&&

Exactly why they need two attorneys. They may have different versions of events.

From what I understand from the 12b6, Jon is saying he made two disc backups of his computer, taking one with him and one with Kate. Kate then asked him if he wanted anything more of his stuff to which Jon said no. Kate then threw out his stuff (ok fair enough, he said he didn't want it), and Jon knew this because the kids told him. However, Shawn abruptly stops the story there.

Shawn doesn't mention if Jon later decided to go back there, change his mind about his stuff and retrieve the trashed stuff, as Robert said. It's possible when Jon said I don't want my stuff he didn't picture Kate throwing it out by the side of the road. It's possible he then changed his mind and decided to retrieve it. Shawn doesn't say what happened after the kids told him that.

I think that was very calculated to end the story there. I don't think Shawn wants to admit or deny this early in the game that Jon may have been doing something with Robert. Robert is mentioned, but Shawn carefully leaves out any ties Jon may have to him. If I were Shawn, one strategy I would take is if there WERE any illegal activity here, that would fall on Robert. The story Shawn told was not an accident. He has reasons for every word left in and every word left out.

A strategic lawyer is not a guns blazing lawyer and does not unnecessarily gab about all the finer details if they don't have to. I like his style.

Insert Creative Username Here said...

I personally would love if the whole lawsuit was dismissed. TFW's narcissistic personality would take a bigger beating over not even being heard.

Whereas with a trial, it still gets to be all about her. And if she doesn't win, she'll appeal it to death (remember LaFair?).

A dismissed case with prejudice (meaning she can't file on the same grounds again) would be the greater justice/punishment.

Realitytvkids.com (Administrator) said...

Another note, Jon may have gone back to retrieve his things because unlike Kate he was smart enough to know putting things on the side of the road when you're a celeb is a bad idea. Shawn doesn't say what Jon decided to do after the kids told him, that I can see.

Realitytvkids.com (Administrator) said...

No it doesn't. I'm not sure how one sentence in a 27-page motion to dismiss is turned into "it all hinges on this." The motion to dismiss takes each and every allegation of the complaint and basically rips it to legal shreds.

%%%

Agree. Most of their allegations have absolutely nothing to do with what the kids may or may not have told Jon. It doesn't hinge on the kids whatsoever. Plus, the kids are far too young to remember what they told their dad two years ago, I doubt they can remember at all. If anyone has ever tried to cross examine a child about what happened 2 months ago let alone 2 years ago, you know how hard it is. No one has suggested they testify so why worry about it?

Insert Creative Username Here said...

I must have missed where Robert said Jon went back after moving out? I thought Robert said he (Robert) went back to the house and went through the trash?

The only difference in stories is that Robert said Kate threw out Jon's stuff and implied it was without Jon's permission. I chalked up the slight difference as a story being told through Robert's point-of-view. I think Robert genuinely pitied Jon, and saw it as a vindictive Kate spites Jon. Jon may view it that way too, but it doesn't help to come across as bitter in a lawsuit.

Can someone clarify if there are any other differences in their stories?

URL said...

Jon stated in his lawsuit dismissal that he destroyed the computer shortly after he made multiple CD copies because the hard drive was failing. He also stated that this computer was used by the children. I have to wonder if he destroyed the computer prior to being thrown out of his apartment or did he take this computer with him after he moved out? Did TFW give him this computer when he moved out or was it destroyed prior to him moving out of the apartment? I absolutely can see TFW not even going through anything left by Jon and tossing everything in the garbage, but the computer being taken apart by Jon and being discarded properly has me confused because of the timing when all this occurred.

Realitytvkids.com (Administrator) said...

Dot there's no federal Anti-slapp which is maybe why he didn't bring it up however they did file some allegations under State Statute so I thought you could get it in because of that? Interesting stuff.

Realitytvkids.com (Administrator) said...


The only difference in stories is that Robert said Kate threw out Jon's stuff and implied it was without Jon's permission. I chalked up the slight difference as a story being told through Robert's point-of-view.

&&&

That's the only difference I see too. And the fact that Jon doesn't mention going through the trash with Robert. It doesn't mean his story is dif

In fairness, I can totally see Jon being so ticked at Kate telling Robert yeah that witch threw out all my stuff. Conveniently leaving out that he did say he didn't want it anymore. It's still rude to trash your children's fathers things, the least you could do is pack them up and donate them if you HAVE to get rid of them, so I can see why that would upset him.

Thus in Robert's version, Kate sounds more sinister trashing all his stuff when really Jon did tell her he didn't want it so the trash would have been, although a rather cold option, fair game.

Realitytvkids.com (Administrator) said...

I can see it going like this:

I told you I didn't want my things. But I didn't know that meant you were going to DUMP all my things on the SIDE OF THE ROAD. WTH?

Insert Creative Username Here said...

URL said... 125
Jon stated in his lawsuit dismissal that he destroyed the computer shortly after he made multiple CD copies because the hard drive was failing. He also stated that this computer was used by the children. I have to wonder if he destroyed the computer prior to being thrown out of his apartment or did he take this computer with him after he moved out? Did TFW give him this computer when he moved out or was it destroyed prior to him moving out of the apartment?
-----------------------

I doubt he would have said he destroyed it later due to the hard drive failing if it wasn't true. That's easily refutable by Kate. If you're going to lie in a lawsuit, I'd hope you would do it more subtly and in a way that is not easily refutable.

I believe Jon COULD have made copies of the hard drive because he was going through a divorce and wanted copies of everything on the computer, because he was going to leave the computer behind, and maybe NOT because the computer was starting to fail, which is what he stated in the lawsuit. That lie goes to motivation, and is much harder to disprove.

I think it's going to come down to the two copies. Did Jon make two copies or just one? Because if he made just one, he wouldn't leave it there for Kate (I give him credit for not being that dumb), and he could have, in anger, given his copy to Robert. This is where Robert's reply to the lawsuit will be pivotal. Can he prove, with facts and not emotions, how he came across the disk?

Insert Creative Username Here said...

But even if Jon DID give the disk to Robert, I think his lawyer made a pretty good case that 1. The allegations are past their required file date and 2. It is not computer fraud if you're married, own the computer, and download to a disk. That's your disk, you can do with as you please.

But it would speak to Jon's character, and lying in a legal reply to a lawsuit still constitutes perjury.

Realitytvkids.com (Administrator) said...


But even if Jon DID give the disk to Robert, I think his lawyer made a pretty good case that 1. The allegations are past their required file date and 2. It is not computer fraud if you're married, own the computer, and download to a disk. That's your disk, you can do with as you please.


&&&

Exactly, that's the problem here. It's almost water under the bridge how Robert got the discs now because of the SOL and because of that big glaring problem of the discs being marital property. Which is why I think Shawn stopped the story there and didn't go into anything he knows about how Robert got what.

Jon made a copy of martial property. He can do what he wants with it and there is nothing Kate can do about it. Don't like this, don't get married.

On the flip side, if Kate wanted to give HER disc copy to an author to write a tell all about JON she would have every right to do so. Marital property. Her property. Nothing illegal about it, period.

URL said...

Destroying a computer that was a family computer is different than throwing CD's and whatever else TFW and her friend (either Jammie or Steve) threw out for garbage. I just hope Jon can verify that the computer was not working and needed to be destroyed prior to him moving out, unless he physically took the computer with him after he moved out. He stated in the lawsuit that the computer was used by his children as a family computer. I am curious as to when he destroyed the hard drive and if he was still living in the apartment. Otherwise he would have taken this computer with him to destroy it, since he was no longer allowed on the property after being thrown out.

Marie said...

I think it's going to come down to the two copies. Did Jon make two copies or just one? Because if he made just one, he wouldn't leave it there for Kate (I give him credit for not being that dumb), and he could have, in anger, given his copy to Robert. This is where Robert's reply to the lawsuit will be pivotal. Can he prove, with facts and not emotions, how he came across the disk?
************

Does Robert HAVE to prove how he came across the disk? How could something like that be proven?

Marie

Realitytvkids.com (Administrator) said...

I just hope Jon can verify that the computer was not working and needed to be destroyed prior to him moving out,

&&&

Keep in mind though the Plaintiff has the burden of proof. Jon doesn't have to prove anything. They have to prove THEIR story. And they don't have any evidence other than Kate's blabbing and speculations.

I really don't see how they can at this point, other than testimony and a credibility call by the judge. He said she said cases are good cases to be in when you're the defense. Shawn is tickled pink I'm sure.

Terri said...

Just thought you might like to know that I sent Shawn Tuma a tweet stating that it was nice to see that Jon finally had good legal representation to help him get this vindictive lawsuit dismissed and he sent me a direct message back simply saying "Thank You".

URL said...

Thank you for answering my questions. At least Jon seems to have an attorney who is really knowledgeable regarding all these issues and he isn't using someone like Heller again.

Lalalalala said...

New video up on Gosslinbook.

BMA said...

Admin, don't forget, Kate wants people to think it happened two years ago but it happened four years ago. With all the trauma that we know Kate put those kids through regarding Jon, this will not stick out in their memories. It's just stuff and they have seen Kate carelessly and gleefully toss stuff out since they were babies.

I understand the word of caution that this isn't over yet, but after seeing Jon be abused in every way for years, for once he is not the underdog. He has a competent attorney on his side and Kate has a First Amendment attorney because the other attorneys she consulted told her it was a stinker of a case.

And no, Robert doesn't have to prove a darn thing. This is all on Kate to prove and it's pretty obvious she can't.

A big shout out to Shawn Tuma. What a relief!

Insert Creative Username Here said...

That video was disturbing, and I don't get understand the logic behind posting it. Does anyone else get it?

"Waiting for the other shoe to drop"...couldn't Robert post another video, one that DOESN'T involve a pedestrian getting hit by a car, to make his point?

Realitytvkids.com (Administrator) said...

I don't watch Robert's videos but why not just let Shawn's brief speak for itself and stay silent now? No need to taunt, not that there ever was.

Jon needed an attorney who is sincerely passionate about this area of law, an expert, and not so passionate about publicity or making a name for himself. He found him. Finally.

chefsummer said...

Insert Creative Username Here said... 140

I think it was the song by MJ bad. KK thinks she bad and. She think that she can and do and say anything and get away with it.

Robert's say you think you're no I'm bad and fighting back.

Marie said...

Finally Jon gets the real deal for a lawyer. Good for him! I wonder if Kate used a coupon to get her lawyer? It's starting to look that way.

Marie

BMA said...

If this goes to trial, I want Kate to say, "I would never carelessly toss things away. I'm very organizationalish." Then Exhibit A, B, C, D: video of Kate tossing the girls' stuff down the stairs, tossing out the kids' artwork without even glancing at it, tossing stuff all over the floor when she was moving out of the Elizabethtown house, tossing out Jon's possessions from his deceased father. Bing, Bang, BOOM.

Marie said...

No reaction yet from the Bullyville minions on Twitter? He seems to all but disappeared from TFW's timeline. He got his 15 minutes and apparently he's done. No lawsuit?

Marie

OrangeCrusher1 said...

Robert either needs to publish his book, or STFU. His videos are passive aggressive innuendos, and not very professional at that. This is not the kind of thing JG needs; the very capable attorney in Texas appears to have that under control. Robert is, of course, free to do what he wants, but frankly, I don't get it.

Maribeth said...

We haven't heard from Robert's attorney. Maybe that's the next shoe to drop.

Berks Neighbor said...

Lyrics to the latest RH video:

I'm Giving You
On Count Of Three
To Show Your Stuff
Or Let It Be . . .
I'm Telling You
Just Watch Your Mouth
I Know Your Game
What You're About

------------------
Either RH is waiting for TFW to pull something else out of her backside or he's letting her know her that his part of the response to the lawsuit is coming down.

Realitytvkids.com (Administrator) said...

Agree Orange. Robert needs to stop. Most of us have been saying from day 1 his taunting is unnecessary. And it's even MORE unnecessary when you have the upper hand.

The only thing he needs to say right now is the briefs speak for themselves. Period.

Of course I know he knows how we feel about it and he does it any way. He's an adult and can do what he wants, I just wish he would reconsider again.

Realitytvkids.com (Administrator) said...

Marie the sheeple aren't the only ones being manipulated. I believe Kate was manipulated too. I think she could have been manipulated into believing she had a great case here and should just go for it and really GET HIM once and for all, but really it was just so others could make a name or a buck. Very sad to influence someone like that when there are kids involved.

Think about it, why wasn't this suit filed 2 years ago? Why now? She had let this go. Now all of a sudden it's back? We all know why now.

Sort of like a trickle down manipulation going on here. Or pyramid scheme manipulation maybe.

Marie said...

Think about it, why wasn't this suit filed 2 years ago? Why now? She had let this go. Now all of a sudden it's back? We all know why now.

*********
Yes, we do. Bullyville claims to be on the side of children, yet he purposely went after Jon Gosselin, father of 8, count em, 8 kids, in the public, on Twitter. And I believe he also talked Kate into filing this very public lawsuit against the children's father. Child advocate my ass.

Marie

Formerly Duped said...

In the basement clean up episode Kate had a box marked 'Jon' and was just chucking things into it, saying she didn't know what he wanted to keep.No thought or really looking at what she threw in. Jamie was visiting. Of course this was the show, not 'reality" but shows her demeanor as to the value of Jon's belongings.

Remona Blue said...

Admin, when you said ''Shawn doesn't mention if Jon later decided to go back there, change his mind about his stuff and retrieve the trashed stuff, as Robert said.'', it seems you are saying that ROBERT said that Jon came back to get more of his stuff. I don't think that Robert ever said that. If you have seen it somewhere else, where did you see it?

Remona Blue said...

nsert Creative Username Here said... 125
''I must have missed where Robert said Jon went back after moving out? I thought Robert said he (Robert) went back to the house and went through the trash?''
~~~~~~~~
That is also what I remember Robert saying in his book. Robert helped Jon move out. TFW called the police that he was helping Jon move, and Robert said there is a police report about the incident. Then Robert went back on garbage day and got TFMJG's trash. I don't remember reading anywhere that Jon went back to get more of his stuff.

OrangeCrusher1 said...

It is entirely possible that Kate is being manipulated, but cry me a river would be my response to that. She has taken on the role of a tenacious aggressor so many times it is hard to feel anything but anger towards her. There is no reason for most of her actions except spiteful hate for the father of her children. She came away with the bag of gold, yet keeps him from making any media living. If she were kind and decent towards him, nah, it's Kate.

chefsummer said...

Here's the case link.

http://www.pdf-archive.com/2013/09/19/jon-motion-to-dismiss-9-18-13/preview/page/1/

LisaNH said...

URL said... 133
Destroying a computer that was a family computer is different than throwing CD's and whatever else TFW and her friend (either Jammie or Steve) threw out for garbage. I just hope Jon can verify that the computer was not working and needed to be destroyed prior to him moving out, unless he physically took the computer with him after he moved out. He stated in the lawsuit that the computer was used by his children as a family computer. I am curious as to when he destroyed the hard drive and if he was still living in the apartment. Otherwise he would have taken this computer with him to destroy it, since he was no longer allowed on the property after being thrown out.

September 19, 2013 at 7:38 AM
******

Steve!! I had forgotten all about him during all of this legal wrangling. I wonder if he will play an role in this lawsuit? I wonder, also, whether Steve would have told Kate "Don't throw anything away because it can get into the wrong hands?" I mean as a "security professional" (tongue in cheek) wouldn't have have knowledge about what is the best way to dispose of sensitive material?

And yet, I can see Kate totally ignoring what he said and just tossing Jon's stuff into a trash can. Remember, no one call tell Kate what to do because she knows all, see's all and is generally God's gift to the world (in her own mind).

Remona Blue said...

Lalalalala said... 138 New video up on Gosslinbook.
~~~~~~~~~~~
''Waiting for the other shoe to drop''. Sounds to me as though we should be seeing Robert's Motion To Dismiss very soon!

Jane said...

Realitytvkids.com (Administrator) said... 149
Marie the sheeple aren't the only ones being manipulated. I believe Kate was manipulated too. I think she could have been manipulated into believing she had a great case here and should just go for it and really GET HIM once and for all, but really it was just so others could make a name or a buck. Very sad to influence someone like that when there are kids involved.
--------

I think this is exactly what happened. Either she sought out BV or someone sent him to her so that he could clean up her timeline. She's always grabbed on to the newest shiny item and this time it was BV and his promises. Then yadda yadda yadda (as Elaine would say) and BV's assuring her that she has a cut and dry case against Jon and RH. He could probably name his price. And here we are today. Such a mess for the kids.

I'm so glad Jon has a good lawyer now.

Kate is a twit said...

Tweet-le De Tweet-le DUMB said... 105
Millicent said... 81
I read the motion to dismiss - the copy I was able to access via the link didn't show a file-endorsed stamp, or the heading that is normally on any pleadings, but I presume that this is legit and was actually filed with the court.
===============

I'm saving my celebrating until I see an actual "FILED" stamp on that document. Yep, I'm a born pessimist.
-----------------------

I agree that it would be better to see a document that has been stamped by the court, but according to the document, it was filed electronically, which explains why there is no stamp on it at this time. From the dccument:


The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon all counsel of record in the above-styled civil action through the Court’s electronic filing system on this 18th day of September, 2013.
/s/ Shawn E. Tuma Shawn E. Tuma


I am just happy that Jon has a lawyer whose specialty is cases likes this.

Mel said...

Jon's finally got somebody competent as an attorney.
I sure would hate to see gosselinbook screw anything up trying to be funny.

Usually I think gosselinbook is pretty humorous, but this is one time when it might pay just to cool it for a while.

Top priority is to make TFW accountable for her behavior/actions/words, to make her stop with the parental alienation, and make her stop the child exploitation.

Don't do *anything* that might let her slither free yet again.

Although, who knows. Maybe all that gosselinbook stuff is fine with the atty, and is part of the strategy.

Time will tell, I guess.

PatK said...

Tweet-le De Tweet-le DUMB said... 105
Millicent said... 81
I read the motion to dismiss - the copy I was able to access via the link didn't show a file-endorsed stamp, or the heading that is normally on any pleadings, but I presume that this is legit and was actually filed with the court.
===============

I'm saving my celebrating until I see an actual "FILED" stamp on that document. Yep, I'm a born pessimist.


&&&&&&&&


Can Admin check the Court docket to see if it indicates the Motion was filed? I don't need to see a time-stamped copy if it's listed on the docket.

Realitytvkids.com (Administrator) said...

I file most documents electronically. You don't get a file stamp anymore. You get an email receipt. You sign that you served and filed it under penalty of perjury. It's filed.

Remona Blue said...

Mel said... 151
''...Although, who knows. Maybe all that gosselinbook stuff is fine with the atty, and is part of the strategy.''
~~~~~~~~~~~
I think that is possible. Jon's attorney files Motion To Dismiss, while Robert adds pressure on TFMJG with his posts on book sites.

Maribeth said...

Admin, to answer an earlier question, this is from page 18 of the Motion to Dismiss:

"The CFAA does not permit recovery of punitive damages, costs or legal fees....plaintiff or defendant."

Only economic damages are allowed.

Tweet-le De Tweet-le DUMB said...

Kate is a twit said... 150
The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon all counsel of record in the above-styled civil action through the Court’s electronic filing system on this 18th day of September, 2013.
/s/ Shawn E. Tuma Shawn E. Tuma


I am just happy that Jon has a lawyer whose specialty is cases likes this.
_________________

Thanks for bringing that to my attention, Twit. I didn't read down that far. I almost felt this was too good to be true considering Jon's past attorneys and "advisers."

Ex Nurse said...

I think the "why now" is because she feels validated that she has been a victim of bullying. Bullying is on nation's radar, unlike any other time in history. Bullying worked to bridge the gap between her grandiose delusions that she is destined for, and deserving of, adoration and fame, and the reality of her current situation. Her delusions were amplified by Bullyville's actions and promises of bringing justice. His sudden appearance as the knight in shining armor blinded her from seeing the truth that BV was using her to support his own delusions of power and heroism.

If this was a movie, I would walk out because the plot is so unbelievable stupid. The cast:

TFW--the Ice Queen
BV-her henchman, who is secretly plotting to take over the throne
Jon-the poor, but well-meaning farm boy who holds the secret to the kingdom
RH--the court jester
The 8--the innocents whose lives hang in the balance



If this was a movie, I would probably walk out because of the stupidity of the plot.  

TLC stinks said...

If I understand the version of events, Jon noticed the hard drive on the Dell family computer was failing. Easy to tell because it makes noises. He made two backup copies, one for himself and one for Kate. When he was forced to vacate the apartment apparently he took the Dell with him along with his backed up CD and left the second one for Kate. After his move, the hard drive failed and he destroyed it and my guess he either replaced the hard drive or bought a new computer. This what everyone does. Sounds to me like Kate had her own computer if Jon had the Dell. For some reason I thought on the show I saw Jon, in their old house, using the bedroom closet as an office with a desktop computer and Kate had a laptop? They were answering fan emails. Please let me know if my memory is correct.

It is entirely possible the Dell was the original family computer but Jon moved it to the garage apartment during the divorce so he'd have a computer.

I totally believe Kate's friend threw out Kate's CD backup copy which was retrieved by Robert in the trash. The friend, IMO, was most likely Steve. He does her beck and call and is the most likely one to haul trash to the curb. Kate would never do such menial work unless there was a pap snapping pictures. Granted, the "friend" could have also been Jamie because she is good at taking orders too. Regardless, there is a witness to his stuff being thrown out. I always thought she did it out of anger but it appears she had Jon's permission to dispose of what was left in the garage.

Personally, I think Robert took the trash home without Jon's permission in hopes of hitting the jackpot. Robert and Jon were communicating and friendly during this time, but I cannot imagine Jon saying to Robert it was ok to go through his trash. Jon probably told him he didn't want any of the junk he left and Kate was going to dispose of it.

Anyway, I cannot imagine how she could ever prove Jon and Robert conspired on the book.

It will be interesting to read Robert's recollection. Hopefully his attorney will soon also press to dismiss.

BTW, PA SLAPP law does not apply to Jon's case. Hopefully some legislator will write a law protecting the state's citizens from these kind of more broad SLAPP lawsuits.

Susantoyota said...

Two Questions:

Does anyone else wonder if the locked box containing Jon's cajones has suddenly gone missing from the compound?

Wonder why TFMJG's friends over at ROL haven't weighed in yet. Anyone else think they may be somewhat quiet about this? Isn't it possible they could get pulled into the lawsuit and asked who gave or where they got their information?

AuntieAnn said...

"Plaintiff failed to adequately plead and identify the computers that were allegedly accessed, that such specific computers were protected computers, and that there was jurisdictionally threshold loss."

hehe. You really have to wonder how TFW's lawyer squeezed all this out of her when they were drawing up the complaint.

Razzmatazz: So, Kate. What kind of computer was it?

TFW: How should I know? It was years ago. They're all alike aren't they? What difference does it make? He took the thingy in it or whatever that had all my stuff on it. And it's mine, all mine.

Razz: Oy. Okay, let's move on...

rainbowsandunicorns said...

From where I sit, TFW is caught in a Catch-22. She should hope that this is dismissed because there is no way she is going to want any of this to come out in depositions, especially the libel pleading...according to the Motion, she has not said that there was no truth to the stories in Robert's book. Other things as well may come out in depositions. The identify theft allegations are just ridiculous, unless Jon got blond extensions and hooker heels and is running around trying to get bank loans disguised as Kate.

On the other hand, if it were dismissed, she'll have egg all over her face for filing such a frivolous, shoddily slapped-together lawsuit with no proof of anything to back up her claims. She'll look like the vindictive person she is, especially with the timing of all of this in hopes that it would serve as publicity for her book.

She's caught between a rock and a hard place. What to do...what to do.

Susantoyota said...

Susantoyota said... 169
Two Questions:

Does anyone else wonder if the locked box containing Jon's cajones has suddenly gone missing from the compound?

Wonder why TFMJG's friends over at ROL haven't weighed in yet. Anyone else think they may be somewhat quiet about this? Isn't it possible they could get pulled into the lawsuit and asked who gave or where they got their information?
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

I hit post too soon.

Compound should read konpound.

I asked the question re: ROL because I think their stories have usually been heavily slanted in favor of TFMJG. Some of the stories printed on these sites are good for driving traffic to the site, but can come back to bite someone in the butt. I remember reading that Kim K. was worried about having to answer questions re: her relationship with the tabloids during her divorce.

I think TFMJG's contacts in the entertainment industry as well as whatever 'friends' she has left are going to avoid her like the plague and
she's going to be one lonely she-devil.

Kate is a twit said...

Wonder why TFMJG's friends over at ROL haven't weighed in yet. Anyone else think they may be somewhat quiet about this? Isn't it possible they could get pulled into the lawsuit and asked who gave or where they got their information?
============

They just did, and they are accusing Jon of playing dirty for using the kids. Right after the put this quote from the motion document:

“After Kate filed for divorce, Jonathan moved out of the family home and into an apartment above the garage of the family home,” he explains, and says that he left the family computer in the house for the children to use and that he backed up all of the information on discs that he left behind when he finally moved out of that apartment."

they go on to say "He then claims that his own eight children told him how the hard drives were disposed of."

Does anyone at ROL know the difference between "hard drive" and "discs"?

This article smells of BV, and is full of spin.

http://radaronline.com/2013/09/kate-gosselin-jon-lawsuit-drags-children-plays-dirty-motion-dismiss-court-documents/

“The children told Jonathan that Kate (and a friend of hers) threw away in the trash everything left behind in the apartment,” the documents claim.

Dot said...

Malicious Prosecution: An action for malicious prosecution focuses on the abuse of legal process, not on defamatory, untruthful statements. If a person helps another person launch a baseless case or takes action to direct or aid such a case, the first person may be held liable for malicious prosecution.

Hmmmm....

Susantoyota said...

Sone of Jon's interview with ET via Wonderwall is on yahoo.com

Thar she blows!! Look for TFMJG to do something outrageous in the next few days to get the attention back to her.

Tucker's Mom said...

Wonder why TFMJG's friends over at ROL haven't weighed in yet. Anyone else think they may be somewhat quiet about this?
*****
Of course they have, saying Jon is playing "dirty" by bringing the kids into this. He just said that the kids told him that Kate threw the trash out. But now, he's the bad guy?
Kate continues to use them whenever she can, but Jon's playing "dirty". It doesn't compute.
Kate has plastered them on her website, book and on tv, still, whenever she can. She will never stop using them, talking about their private lives and feelings.
Ugh.
How about ROL look at the meat of the complaint and oh, by the way, there would be no response from Jon if his former wife wasn't hellbent on destroying him.

Tucker's Mom said...

I love that Jon is responding about his new job as a restaurant server. I love how he owns it and said, "yeah, c'mon over and film me doing this!"
It makes me miss PA and all those wonderful little towns with restaurants that look *just* like that one.

Tucker's Mom said...

Does anyone else wonder if the locked box containing Jon's cajones has suddenly gone missing from the compound?
*****
I always thought Kate kept them in a Dixie cup on her nightstand. At any rate, it appears that Jon has undergone a testieplasty since his divorce.
Good for him!

Susantoyota said...

Here's what she did. There is now an article up on ROL re: Jon's motion to dismiss accusing him of dragging the children into the legal mess.

Comments are not nice. One accused ROL of misleading headlines as usual.

Tucker's Mom said...

Anyone else feel like part of Jon's interview and footage of him serving was saying "at least I walk the walk, biotch"?
I mean, she swore like Scarlett O'Hara that so help her God, she'd work at McDonalds if she had to!
We, hon, Jon's doing whatever it takes to make ends meet and your sitting there apiecing and apatchin', waiting for lightning to strike.

I don't buy that ABC wants to keep Kate on the back burner. GMA's coverage of her lawsuit and journal was SCATHING, so I'm not believing she's got any juice left there.
The stable of has-been reality tv stars nowadays is huge. Plenty to pick from. Sure, it was different 5-6 years ago, but now? They're a dime a dozen.

Realitytvkids.com (Administrator) said...

Dragging the kids into this is so out of line. He is obligated to disclose the truth. The kids told him what happened and that is simply just part of the story. No one is breathing a word about involving the kids. There were 8 people with eyes and ears in that house who told Dad what happened. Jon is obligated to disclose that pertinent fact when he is telling his side of the story under penalty of perjury. If the kids played a role in Kate's version of events she would be obligated too. There's no buts about it.

chefsummer said...

TLC stinks said... 168

I thought on the show I saw Jon, in their old house, using the bedroom closet as an office with a desktop computer and Kate had a laptop? They were answering fan emails. Please let me know if my memory is correct.
_______

You're right.

Tucker's Mom said...

Katie Couric, you've been bamboozled! You've got egg all over your face. I hope Katie's staff becomes aware if this very talented lawyer's response to her diabolical lawsuit and really read how it strikes back with force and with truth.
I sort of wonder if this will wind up making Katie look like such a dupe to fall for Kate's "poor me" act that they'll consider not airing it.
In light of this filing, they'll look like gullible amateurs.

Marie said...

She's caught between a rock and a hard place. What to do...what to do.

****************

Post picture of Shoka on Twitter to distract and pretend all is well in TFW world.

Marie

AuntieAnn said...

rainbowsandunicorns said... 171

She'll look like the vindictive person she is, especially with the timing of all of this in hopes that it would serve as publicity for her book.

====

Another backfire.

Oops, huh Kate?

BTW, she has a new post up on her blog. Something about a fish. It's a safe topic I guess, unlike the kerfuffle over NoNutz.

rainbowsandunicorns said...

How about ROL look at the meat of the complaint and oh, by the way, there would be no response from Jon if his former wife wasn't hellbent on destroying him.

-----
-----

The interns or whatever they are over there couldn't read a Motion to Dismiss if their lives depended on it, let alone understand it.

Sheri said...

While I find it encouraging that Jon finally has decent legal representation, this is all just another example of how 8 innocent children's lives are being turned upside down by a totally unnecessary turn of events.

Don't get me wrong, at least it's a move to dismiss and not a full blown counter suit and I do believe Jon has a right, and deserves the chance, to defend himself.

That being said, one has to wonder what the emotional toll will be when all is said and done.

I had the same thought as Ex-Nurse, it seems to be playing out like a made for TV movie.

The movie about the Dionne Quints "Million Dollar Babies", starring Beau Bridges, comes to mind.

It's just so sad how 8 young kids, who had absolutely no say in the matter, are caught in the middle between warring parents, production companies and child protection laws and a viewing public that has either passionately taken sides or doesn't give a rat's ass.

One can only pray that the Gosselins fare much better than the Dionnes did.

Tucker's Mom said...

Also, does Kate realize how many of her "peeps" are going to be dragged into this?
Kate's friend? Let me see... Jamie. Who else? Has to her. And this friend is going to get dragged into this mess because the part about finding the discs in the trash is PIVOTAL.

Remona Blue said...

TLC stinks said... 168
''....He made two backup copies, one for himself and one for Kate. When he was forced to vacate the apartment apparently he took the Dell with him along with his backed up CD and left the second one for Kate. After his move, the hard drive failed and he destroyed it and my guess he either replaced the hard drive or bought a new computer.''

''Personally, I think Robert took the trash home without Jon's permission in hopes of hitting the jackpot. Robert and Jon were communicating and friendly during this time, but I cannot imagine Jon saying to Robert it was ok to go through his trash. Jon probably told him he didn't want any of the junk he left and Kate was going to dispose of it.''
~~~~~~~~~~~
I remember that on one episode, they were on a trip somewhere, and Jon mentioned TFW's laptop. It was something about her having the laptop while on the trip so she could write in her journal. Anyone else remember that?

You could be right about Jon taking the Dell with him (it was his, as the MTD says) and that could be why TFMJG insists that he took the ''hard drive''. There IS a witness to TFW throwing all the stuff out, either Jamie, Steve, one of the housekeepers or not a nanny. TFW would never do all that w/o help!

I also believe that Robert got the trash w/o Jon's permission...don't forget that Robert took and passed a lie detector test about where he got the information he found in the trash. I have an appointment, so I don't have time to look up Robert's statement, but I believe that Robert said that the questions asked him also involved whether or not Jon helped him get the disks. Maybe someone else can find the answer while I'm gone?

Tucker's Mom said...

http://omg.yahoo.com/blogs/celeb-news/jon-gosselin-hits-tables-waiter-141126754.html
Yahoo article on Jon and his new job. Comments are very supportive. No one's falling for this "rock bottom" stuff. Love this comment, since there are many LHOTP fans here and we've talked about it so much:
"What is wrong with being a waiter? "Any job a man can do to make his way in the world is a decent job as long as he works hard and does his best."- Charles Ingalls- Little House on the Prairie.
And yes, I did just quote Little House.

At least this guy is willing to work for his family."
****
Amen, Pa.

Kate is a twit said...

BTW, she has a new post up on her blog. Something about a fish. It's a safe topic I guess, unlike the kerfuffle over NoNutz.
------------

I took a look at that post. It's about how she got 2 new beta fish for the kids on their first day of school. Apparently, not only had Fabio passed away, but also Felicia. Then she writes her usual stuff about all the things SHE did getting the fish set up in their new homes, etc, etc, etc.

So she tweets a picture of Shoka, and then writes about fish.

As Marie previously said "to distract and pretend all is well in TFW world."

Remona Blue said...

Tucker's Mom said... 176
''...Of course they have, saying Jon is playing "dirty" by bringing the kids into this. He just said that the kids told him that Kate threw the trash out. But now, he's the bad guy?''
~~~~~~~~~~
But...Jon is ALWAYS the bad guy! Same ole, same ole. TFMJG files a lawsuit saying that Jon (and Robert) are the bad guys, and that is great. But just let Jon file a Motion To Dismiss, and Jon is ''playing dirty''!!

I have GOT to stop responding and get to my appointment before I'm late!

Sheri said...

Kate is a twit said...(173)

"Does anyone at ROL know the difference between "hard drive" and "discs"?"

*************************

ROL doesn't care. They're in it for hits, that's all. Facts, schmacts. They don't even care about spelling and punctuation, why would they care about publishing the truth.

I'm sure Kate not only prefers it that way, I'm sure she insists on it. After all, any attention is good attention.

WARNING: Inserting Sarcastic Rant

My goodness, the poor put upon woman has a freakin' cookbook to sell.

No one needs to know the truth about how she beat her babies, how she collected 'love offerings' from good church going folk while buying a million dollar home and how she trashes gifts, cards and letters from fans unless they contain something worth HER while.

She's got 8 kids to raise all by her lonesome with absolutely no help, no support and no steady income.

C'mon, you all know she needed those Ugg boots, the kids don't need socks and toy cars.

Geeze, you people are all so darn mean. You all are just a big bunch of pearl clutching, croc wearing bullies with nothing better to do.

Imagine, people with nothing better to do than speak out in defense of the rights of 8 innocent children.

You should all be ashamed of yourselves. Tsk, tsk.

Vanessa said...

Does her stupid blog sounds like a pre-emptive shpiel to deflect on more animal abuse revelations that are about to hit the fan. Shoka's has become "glued to her side" now?

"I brought them home nervously (I am now afraid that all fish will die untimely deaths and more excessive funerals will need to be planned and carried out so I now handle these aquatic friends even more carefully than ever before!) and prepared their new homes!" hmmmm
I just LOVE animals...see? I keep getting and getting and getting fish!

Millicent said...

(Administrator) said... 163

I file most documents electronically. You don't get a file stamp anymore. You get an email receipt. You sign that you served and filed it under penalty of perjury. It's filed.
****
Cool. We file hard copies by mail most of the time; but otherwise we use a service to file documents for us. We still get a file-endorsed face page back. However, the cases are all civil cases in state courts, as our firm does not handle federal cases.

Shawn Tuma is an intelligent, driven, seasoned and ambitious attorney who enjoys a good legal fight. I'm glad he's representing Jon.

It's common that each defendant is represented by his or her own attorney, as Admin said, because of any potential conflict of interest issues. I've seen that happen even with husbands and wives.

As to the motion to dismiss, I don't know how Federal court works, but seems like the Court would set an official hearing date. Then based on that date, Kate's attorneys would have a certain amount of time in which to file their brief opposing the motion to dismiss. In civil court motions, the one bringing the motion gets the final word (if they want) and can file a reply brief to the opposition. Then the Court reviews all the motion papers and issues its ruling.

Sheri said...

Okay, another closet LHOTP fan here. I have the first 6 seasons on DVD...I'd have all 9 but Hubby had no idea. "What? It was on for 9 years???"

Yep, only my most formative while living in a household that was hell for me. Micheal Landon was a revelation. You mean some parents are kind to their kids? Wow.

Anyway, the episode we continue to reference here is 'The Richest Man in Walnut Grove'.

"Hard working folk only smell bad to those who have nothing better to do than stick their noses in the air." - Pa Ingalls

Later in the episode Laura quotes the above and adds...

"Well Nelly, when you stick your nose in the air with me, it's gonna get punched."

Hehehe, love it.

Oh lord, I'm such a geek. :D

localyocul said...

So will there be a hearing for this motion?

Ex Nurse said...

I am very happy that Jon has such capable representation, and hope that TFW has to compensate all costs. I hate the uneven playing field and unfair advantage the TFW has always had, and, for once, it sure looks like Jon has a significant advantage here. The lives of 8 children are much more important than this "he said, she said" BS, and for their sake, I hope that this will, once and for all, put this terrible time in the Gosselin family to rest. It has to have been sheer hell to live through the constant harping, blame and accusations. 

What is not explained is how Jon would have had access to the hard drive, after he had vacated the apartment. If he had taken possession with TFW's knowledge, wouldn't that have been covered in the motion? Why leave that loose thread? I find it hard to believe that Jon could just walk in the house, go to the family computer, and remove the hard drive.  Or, that TFW would call him to deal with the hard drive. But, since she did give him the courtesy of a call to make sure he didn't want anything left behind in the apartment, maybe they were trying to cooperate as best they could. The motion doesn't say whether the entire computer was disposed of or not, or if there is an existing computer somewhere that has the files.

I guess none of that matters as long as TFW was fully aware that, in addition to accessing her email, accounts and phone, that Jon had accessed her hard drive back, back in 2009. But, if she only found out when the book appeared, seems like there could be enough doubt to prevent dismissal.

 For our legal experts: If all of the other claims are without merit, is there enough proof here to proceed to trial? Can just some of the claims be dismissed,  or would all claims have to be without merit be dismissed? Does the plaintiff get a chance to defend the legitimacy of the claim, and lay out their evidence? 

Inquiring minds want to know. ...lol

Kate is a twit said...

Kate's lawsuit, in the Preliminary Statement, includes the line:

"Kate Gosselin is a single mother raising 8 children".

Couldn't that also be considered "using the children" and "dragging the children into the lawsuit"?

That line was simply a ploy to gain sympathy from the court for this poor mother of 8 who is allegedly raising them all by herself. It had no relevance to the lawsuit.

jbranck1980 said...

You know what else isn't addressed? How this lawsuit pertains to all the bullies. I thought TFMJG said on her website it was all connected. Still holding my breath.... :)

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