Opinion by Consumer Advocate Tim Bolen
Thursday, July 8th, 2010
I just checked my “Pacer” (Federal Court information system) file,
and Barrett has not yet brought in a lawyer, and filed a response to
the Doctor’s Data lawsuit against him. Could it be this easy? Could
it be that rancid old Stephen Barrett, when push comes to shove, just
could not back up his public statements in a Court of law, and is just
going to let the collection agents pick him clean? Could it be that
Doctor’s Data will have unlimited access to Barrett’s years records
showing whom he plotted with?
(I’m really getting all excited thinking about this).
As I said in my last article:
In the Federal Court System a defendant is given 21 full days to
properly Respond to a lawsuit. Let’s assume, for the moment, that
since Stephen Barrett was sued by Doctor’s Data on June 18th, 2010,
that he was served with papers on the 19th, the next day. Counting 21
days from that moment brings us to Monday, July 12th, 2010 – the
deadline for Barrett to hire an attorney who can practice in Federal
Court in Chicago, Illinois, and prepare, and submit a Response to the
Court. That’s eight days from now – and Barrett does not even have an
Well, he only has about four more days… And, as I indicated:
What happens if Barrett does not Respond?
If Barrett does not Respond then Doctor’s Data simply files for what
is called a “Default Judgment,” asking the Court to award everything
they asked for – the Five Million in Damages, the Fifteen Million in
Punitive Damages, and a permanent Injunction barring Barrett from
talking about Doctor’s Data, etc.
The Judge’s answer is almost automatic..
Once the Judge issues the Default Judgment and the Permanent
Injunction Doctor’s Data, through their attorneys, will go into the
“Judgment Collection” phase, using an attorney firm that specializes
in draining blood out of reluctant Defendants. Barrett will meet a
lot of people who have tattoos on their faces in the process of
collecting Stevie’s furniture, his car, his Mont Blanc pen, and the
gold fillings from his teeth.
So, why hasn’t Barrett “lawyered up” and answered?
Let’s think about that. There are probably three main reasons:
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