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Act 13: I Oppose the Injunction

Well, I've never been sued before, but I guess there's a first time for everything.

To me, the most surprising thing about the entire process is that I received absolutely no indication of how much time I had to respond – or even how I should
"There's something
here that flies in
the face of a very
basic understanding
of the system of
American justice."
respond. I mean, think about it: When you get a speeding ticket, it comes with incredibly detailed instructions on what your options are, how much time you have, whom to contact for more information, where to mail your response – everything you need to know. But if somebody mails you a ream of papers, filled with barely comprehensible legalese, that says that someone is suing you, it comes with no instructions at all!

I hate to be a cynic, but I have to assume that these conditions exist because it's in the interest of the legal profession to make sure that they do. You're not given any instructions because it's assumed that you're going to hire a lawyer who will know what to do. Or, looking at it another way: You're not given any instructions specifically so you'll feel that you have to hire a lawyer who will know what to do! And since our legislators (who could fix this situation by passing laws) and our judges (who could fix this situation by issuing rulings) are mostly lawyers, my guess is that the situation is not going to change. (How do I know that most legislators and judges are lawyers? I don't, I'm guessing. If I'm wrong, please let me know.)

I feel very strongly that people should be able to effectively defend themselves without having to hire a lawyer. Sure, if I were charged with a crime, I'd go hire a lawyer. (Probably.) But why should I have to hire a lawyer just because some big company (that can afford lots of lawyers) decides that they want to take something from me? There's something here that flies in the face of a very basic understanding of the system of American justice.

But I digress. Again. (Sorry.)

Anyway, I called the court and spoke to a clerk, who told me that I had 20 days to respond – or was it 10, he wasn't sure. He said that I needed to enclose an original and a copy, along with a "Certificate of Service," whatever that was.

So I did some quick research on the Web (what an amazing resource), and I got to the point where I thought I had a decent understanding of what I had to submit in response to Taubman's motion. As I write this, I haven't yet heard back from the judge, so I have no idea whether I created a masterpiece or a piece of junk or something in between. But at any rate, you can follow the link below to read it yourself.

Note that some of the following sections are pretty long. Also note that I've omitted the exhibits, because most of them are documents that I've reproduced on this website. (I'll let you figure out which is which.)

Next: Memorandum

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©2001 Hank Mishkoff
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