Once More Into the Breach

Finding Nonsense and Beating it Sensible

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I used to watch TV news and yell at the box. Now I jump up from the couch, sit at the computer and begin to type laughing maniacally saying "Wait until they read this." It's more fun than squashing tadpoles

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Friday, April 25, 2008

Blogger Defeats Lawyer's Subpoena

As some of you who know me personally know I have been embroiled in a lawsuit with the former managing member of Ruthless Training Concepts LLC. I have during the past two years only posted once on the issue. That post has generated a host of hits and at least two threats of legal action by people associated with her at the new company that she fled to, Team Ruthless. I plan on posting the results of the lawsuit after the final order is signed. Today I would like to highlight a legal proceeding against another blogger that those people who wish to hide from my revelations about my former colleague with similar action may find enlightening.

Blogger turns attorney, defeats trial lawyer's subpoena
by John O'Brien

PETERBOROUGH, N.H. (Legal Newsline) - When blogger and admitted information-hoarder Kathleen Seidel received a subpoena asking for nearly every piece of data associated with her website, she had two choices -- get mad or get an attorney.

Trial lawyer Clifford Shoemaker of Virginia requested in March, among other things, "documents pertaining to the setup, financing, running, research and maintaining" of her site, which frequently links to articles and features blogs pertaining to Shoemaker's main litigation area.

Not willing to dish out the dollars for defense, Seidel filed her own motion to quash the subpoena. It was granted Monday.

"I wrote that motion on a days-long surge of adrenaline and outrage," Seidel said. "I was served the subpoena on a Wednesday afternoon and began doing my homework Thursday morning. I filed the response on Monday afternoon."...

... The subpoena made 10 separate requests, and was quashed by Magistrate Judge James Muirhead. Muirhead ordered Shoemaker to show cause why he should not be sanctioned for filing a "burdensome" subpoena.

"Hallelujah! That is good news," Seidel said. "My privacy was preserved."

I suggest interested parties go to Ms. Seidel's own blog to read the details. She has posted a link to the judge's order just as I will with my own case. It is nice to see that the old proverb is true, "When you do what is right you have nothing to fear."


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