Disorder in the court (Updated)
Here is an update for some of the proceedings we are experiencing in Florida, for your entertainment, from the judge;
Throughout these proceedings, the Plaintiff has repeatedly exhibited a deliberate, willful, and contumacious disregard for the rules, orders, and authority of the Court, and his failure and refusal to comply with the Court’s Order is yet another example. The Plaintiffs willful noncompliance with the Court’s Order justifies the dismissal of this action with prejudice.
[…]
Clearly, the Plaintiffs noncompliance with the Court’s Order was willful, deliberate, and contumacious, rather than an act of neglect or inexperience. The Plaintiff was previously a licensed attorney in California until his recent disbarment by the California Supreme Court, his disregard for the Court’s rules, orders, and authority have been pervasive in these proceedings and others filed by the Plaintiff before this Court and other tribunals, and nothing in the record before the Court supports a finding that the Plaintiffs disobedience is attributable to neglect or inexperience. The Court has previously sanctioned the Plaintiff in this case for his failure and refusal to abide by the Courts rules and orders. He has also been sanctioned for similar misconduct in other cases before other courts. The Plaintiff, as he was acting on his own behalf, was solely and entirely responsible for his noncompliance with the Courts Order. The Plaintiffs noncompliance has prejudiced the Defendants through undue expense, and the Plaintiff has offered no justification for his noncompliance. Lastly, as stated in the Court’s prior order as the basis for imposing the pro se filing prohibition, the Plaintiffs failure and refusal to comply with the Courts rules and orders has created significant problems of judicial administration. The Plaintiff has caused needless expense to other parties and unnecessarily burdened the Court through his continued abuse of the judicial process.
[…]
Considering the Plaintiffs extreme misconduct in this case—including his repeated and obstinate noncompliance with the Court’s rules and orders, myriad improper, frivolous, and incomprehensible filings, and general disregard for the Court’s authority and orderly judicial processes—the Plaintiff has abused the privilege to amend and there appears to be no possible way for the Plaintiff to amend his complaint to state a viable cause of action against the Defendants.
[…]
It is thereupon ORDERED AND ADJUDGED as follows:
1. The Defendants Motions should be and the same are hereby GRANTED.
2. The Plaintiffs First Amended Complaint is hereby STRICKEN.
3. This case is hereby DISMISSED WITH PREJUDICE.
4. The Court hereby retains jurisdiction of this case and the parties to determine whether an award of attorney’s fees and costs is appropriate.
UPDATE: The Gravity Club weighs in;
You should look harder on this.
Judge committed about 27 errors. It is on appeal before Florida Court of Appeal.
The court reporter has now been directed by Mr. Bernath to prepare the transcripts.
Judge continued to make rulings after Mr. Bernath pointed out that she was biased. That wil lvoide all her orders.
Anyway, new federal action/lawsuit against Lilyea, Seavey, Hoey, Shipleys, et al., shall be filed in Norfolk Federal Court on Tuesday. Now we have bank fraud as a predicate act for the RICO charges.
Four years ago you had to the power to kill veterans. Now, you are now as harmless as kittens. Suicides on your tough guys parts after posting child pornography. Once exposed all of you flee.
Even Shipley has run and hiddenSeavey told to STFU..
Even “Reb” is in hiding. The list goes on and on.
I don’t think anyone cares if an affirmative action hire in a local Florida Court wants this case to proceed really matters. IT will proceed here there or somewhere. You will be on the witness stand and explain your push to get vets to kill themselves.
With or without the AA hire’s opinion you have been tamed and are hiding.
Has Hoey been fired yet? He keeps “striking” for it (to use a Navy term).
How about Seavey or are they waiting for the lawsuits to be over so he can’t turn on the Legion and betray them by saying what was really going on? As he is just another drone at Legion they sure aren’t keeping that trouble maker around for any other reason. Once this is over Seavey will be fired and his past will follow him around when he tries to find a new job. Middle aged with his war record of jacking off with the troops.Signed,
Legal Team of the Victors
Category: Bloggers
Looks like a HOME RUN to me! Buy the judge a beer.
Looks like the judge delivered a MEGA PIMP SLAP to one “Dickless” Daniel A. Bernath, non-CPO, failed lawer, failed photographer, failed school bus driver, failed school board candidate, failed private pilot, fraud, liar and DEADBEAT DAD!
Get one the phone, Danni-boi… call your butt buddy QuEeFeRs and have him go over and suck start your red rubber Robinson again!!!!
You’re still HAMILTON BURGER’s BYTCH, DANNI-BOI!!
Now wait a corn field picking minute. He is not a failed pilot because he walked away from that landing where he ran out of fuel. Mind you I’m sure the plane is a loss… Nope, sorry – you were right.
OH, you mean the plane he bought and had registered in his daughter’s name? I wonder if he even had it fully paid for or did he leave her with the balance and paperwork? Merely a question, let’s not forget that he had his CA Law License suspended for being a DEADBEAT DAD!
The Oregon State Bar refused to accept him for membership because he was a DEADBEAT DAD!
Along with a few dozen other reasons! ?
YO PROUD! The crew and I discussed you yesterday. We all agreed we MISS YOU and Gorg and the little one made the best remark…Before we relocated to Florida we talked daily via phone and flew to FL and CO monthly.
How about the two of you coming over next weekend to spend some FRIEND TIME with us. Had to comment here. Is you finger broken so you can’t push buttons on your cell?? Beer and dinner on us???
Seems to me he has been completely disbarred in California and I believe Oregon as well. This douche bag needs to find a nice deep hole and pull the dirt in after himself. This has gone on way to long, and the longer it is drawn out the more that Bernath sees himself as the victory. These court actions are just cost the defendant, Seavey, etal, nothing but money, serious money and that is all Bernath wants. I wonder if the defendants became no-shows in all these nuisance actions. I am sure he will be ruled a litigious litigator. I know one guy here in Central California that the California State Bar has petitioned the court successfully seeking a ruling of litigious litigator. He made a living creating actions claiming violation of his rights under the ADA laws. He would pick small businesses owned primarily by immigrant citizens. The hook in the ADA is that a handicap person who has entered a premises and found even the smallest detail not in compliance he would then file suite. The statute allows the defendant to settle the case with the plaintiff for $7,000 or they may choose to take him on in court and if they loose the automatic civil penalty is $40,000 plus costs. Not only has he been disbarred he has also been prohibited from filing any additional ADA claims. This jerk did not even have an office, he just rode around in his van from business to business. He might file 15 or more causes of action on any given day. True judicial POS.
“A good Landing” is now defined as one where the airplane may be used later that same day. In Danny’s case, he walked away but the airplane could not be flown that day or perhaps forever. Danny was not a Private Pilot, he held a Sport Pilot certificate which has lower training and experience requirements. Perhaps they should add a block for ‘Fuel Management’ to the curriculum.
Roger – thank you for the correction. I was only functioning on 1/2 cup of Joe this AM, which is less than optimal for SELECTED AND INITIATED CPO’s.
Daniel A. Bernath has never been selected, initiated nor is he an honorary CPO!
Q: How do you know when Daniel Bernath has been in your refrigerator?
A: The National Transportation Safety Board and the Federal Aviation Administration are trying to remove an airplane from your vegetable crisper.
Sport pilot, huh? I questioned that he was a real pilot. As a student pilot, 40 years ago, I was trained that one of the first things you do in your pre-flight inspection of your aircraft is inspect the tanks for the actual fuel level, and confirm you have more than enough fuel for the anticipated flight. Something I did every time before I climbed into a cockpit. I am pleased to hear he was not a real licensed private pilot. His fuck-ups are always full-on Bernathian stupid. I still can’t believe he actually passed the CA State Bar exam, based upon his performance as a supposed but now disbarred lawyer.
Taking a line from the movie Tropic Thunder”Never ever go full Bernath! Everybody knows that.”
It does make one wonder whether or not Daniel Bernath the perennially inane didn’t pay someone to take the California State Bar exam for him…
Did ya’all know that the Purpleheart Prick was licensed to fly just about everything in 2008?
My own option on the plane accident and crap found in fuel filter on the second one. It was Wittless who screwed with Nastys planes because he didn’t get his promised blow job.
Wittless stands on a corner with a sign that says..
I GIVE NOB JOBS FOR $.25. He made $3.00 and bought a forty oz beer and ChapStick.
Thank you, Jonn, but no one should expect any money from that corner of the room, not unless he’s forced to or go to jail.
Just my humble opinion.
Meh, has he ever paid even a dime of the Yelp judgement against him, let alone what he owes the CA bar and others? What a World Record-sized bucket of slug snot!
You know, you just insulted the slugs that produce slug snot by saying that…
Man, I had to look “contumacious” up 🙂
Check.
From an earlier post-
con·tu·ma·cious.
känt(y)o͝oˈmāSHəs
1.
archaic, law
(especially of a defendant’s behavior) stubbornly or willfully disobedient to authority.
2.
current, common
(especially of a person’s behavior)
poser asshole non-CPO, loser POS
In the illustrated dictionary, they now have a picture of the loser Daniel Bernath beside the entry con·tu·ma·cious
Just sayin’
Wait a sec, that’s a “o” and not a “u”? Oh well.
I caught that in the PI…antibiotics cleared it up
Was it the 7 day or 21 day version?
Congratulations to All of you that have had to suffer through Sparkle Pony Bernath’s nonsense. I hope This is finally the end and he will now be placed on the Vexatious Litigant List.
Happy earlier Christmas/Holidays you guys. I sincerely hope this is the end of it.
Somehow I think Danni-boi is gonna keep coming back like a bad case of jock itch.
Bernath being the grand poltroon that he is, I’m sure he’ll do all he can to keep up his slimy stunts.
He has already started venue shopping. He has a few venues to choose from (and only a few unless he moves again) and it will take him a few more years to piss all of them off.
The only things that can stop Butt-blast is him being incarcerated ( not likely) Declared mentally incompetent to handle his own affairs ( again we can only hope) Declared a Vexatious Litigant( That’s close to what has happened, but is limited to only certain juristicions) suffer a serious malady such as a heart attack or stroke that would render him incapable of filing his bullshit ( He’s about due) or him assuming room temperature ( He is getting up there in years, so there’s that).
Bottom line hes a cunt, he always has been a cunt and always will be a cunt.
“A Cunt”? Sheesh, and I have always liked that particular area of the anatomy. It offers so much satisfaction. I may never look at one in the same light again.
I prefer terms like “poltroon”, “dingleberry”, “roach turd”, etc to describe Bernath along with Daniel A. Bernath the Fred Phelps Clone. Phelps not only was also a disbarred Attorney who also filed a lot of baseless and asinine lawsuits, he was as popular and well liked as Bernath in every courthouse he ever set foot in.
For you, Danni-boi:
To bad, so sad
Sucks to be you
This case is through
Court said, “Screw you . . . .
And the horse you rode in on.”
(Photo at link is possibly NSFW or around prudes/clergy/children.)
IMO this couldn’t happen to a more deserving ambulatory verbal anus.
The Bad-Breath-Bernath Beatdown!
Hoah!
I’d go after the fees, Jonn, just to sink his credit rating even further, knowing that not a penny was forthcoming from the scumbag.
I’m sure his credit rating is in the single digits if it ain’t in the negatives!
Birdbath doesn’t pay bills and hides assets in the daughter and ol lady’s name.
If Martha had any common sense, get a kick out order, file for divorce and keep everything in her name.
Does Nikkie live in OR house? Its in her name, sell it.
I hate having to hide but we really think Bernasty and Wittless are dangerous. Wittless misidentified me as a female Military vet who was a MP. This is per Wittless… when I see her at the pool and identify myself she’ll piss her pants…
Nobody should not feel safe in their own homes and I really hope the asshole is done with lawsuits….
Does anyone know if he claims being poor so the court waives filing fees? I’m grasping at straws but it would be great if the idiot did. Perjury, but hell, he’s lied before…
I think I saw at least one filed “in forma pauperis” by him.
One avenue open to all the litigants is placing liens on everything he owns. He would be dead in the water.
Judge with the Atomic Elbow from the Top Rope.
The only thing the Judge did not say was Get the F out of here before I have the Bailiff shoot you in the ass for cause.
I can’t wait for the chokeslam.
http://www.accelerator3359.com/Wrestling/pictures/finishers/undertakerchokeslam.jpg
Careful, Chief.
He’s such a butthurt little pussy he’d probably consider that a “death threat”.
You want to get fucked in the ass publicly by a court judge because this is how you get fucked in the ass publicly by a court judge
Reminds me of this…
Bernath = Loser.
And The False Commander “Phony” Phil Monkress (CEO of All-Points Logistics) work his balls.
Any idea as to a time frame when the court may determine whether to award attorney fees and costs?
Looks like Danny-boi got:
DISMISSED…. WITH PREJUDICE
Is there a link to the actual order as reading the entire thing seems to be better than reading excerpts.
At what point does this guy get declared a vexatious litigant? Does he just get to keep abusing the legal system with one frivolous suit after another?
I am not a lawyer, so I’m genuinely asking here.
Soon. Can’t disclose more, but soon.
Sure, it’s all hot dog suits and new Jeeps for you. The rest of us have to rely on schadenfraude and we hunger for our fix.
Each year, The Daniel Bernath Foundation bestows hundreds of thousands of dollars to worthy veterans. In some instances, those worthy veterans receive additional endowments. BZ, Daniel, it looks like you did it again.
The Daniel Bernath Foundation; Helping Others Because He Just Can’t Help Himself.
Hayabusa. He is establishing an excellent record for exactly that BUT being deemed a vexatious litigant in one state does not carry into another. That’s potentially a problem–but, eventually, he will run out of cts that have jurisdiction to hear a complaint and he’ll be in great difficulty.
There is reciprocity between states if there is enough prior history evidence to support a vexatious label.
Whether you can use filings in other states as the predicate number of prior frivolous proceedings is a function of the wording of each state’s vexatious litigant statute. I am not familiar with the subject Florida statute. I am sure Jonn’s attorneys are aware of which of his and the DRG’s filings can be used against catheter boi.
Thanks for the response, very informative.
He pissed off the judge. Never piss off a judge. He really pissed off this judge. When that happens, well, you never want that to happen. Ever.
DA JUDGE HAS A STRONG PIMP HAND!
As stated above, I am not a lawyer. I am, however, a LEO, so I have experienced the criminal justice system from that perspective. What 2/17 Air Cav says…
Status: TRUE.
Lesson One for dealing with the court system: Do NOT piss off the judge…
In fact, do everything you legally can to make the judge like you.
Status: TRUE!
It is also a smart move to establish rapport with the court room clerk. I did that whenever I could and it always reaped rewards when it was time to put the rubber to the road. The clerk has daily unrestricted access to the judge. You piss off the clerk and likely the judge will hear about it.
One of the TAH computer gurus perhaps can imbed this link.
http://www.wavthis.com/W.html
Search “whack pp” and download for your listening pleasure … again, and again, and again….
JSF
BTW. The “Disorder in the Court” Three Stooges reference is great.
Thank you Jonn and TSO and all others who have endured this for so long.
Dan Bernath, there it is then, finally. You are done.
Thanks for not including me in that shout out, after all I have no involvement in these matters.
OF course you are involved. You’re the one writing the book on all this. Still waiting for it to completely finish so I can get my Advanced Reader Copy… signed, if you please.
You got video of the Birdbath walking unaided, riding a bike, etc. You have the brass balls to confront the shithead and others.
I appreciate everything that you and the others do, especially my family safety.
Thank you all and I hope 2017 will be better..
I didn’t mean to leave you out Sir. Just a brain lapse.
UPDATE: The Gravity Club weighs in;
Fruit Loops!
AS TO the word “Ivoide”, WTF does that mean, or is it the product of a brain severely damaged by T-bird and Dutch Rudder Gang Cocktails (Rubbing Alcohol with a touch of formaldehyde and antifreeze for flavor garnished with a lead paint chip)?
I can see the Dutch Rudder Gang on a reality TV show, “TONIGHT on EXTREME LOSERS…”
Ivoide is Apple’s new $600 Wi-Fi enabled catheter.
SPEW WARNING, willya?!? But I hafta say, you win the Interwebz today.
But, can it be used to determine air/ground speed?
Or fuel level?
I broke the code. “Ivoide” is catheter boi’s secret code name or his twitter handle.
Daniel Bernath is seriously brain damaged.
Daniel Bernath is seriously delusional.
Daniel Bernath is seriously a loser.
Daniel Bernath is seriously a bad joke.
Daniel Bernath is seriously disbarred.
He IS all of those things. I’m trying to think of something he isn’t.
Hmmmm….
Starts with C……
Ahhh Chief Petty Officer. He isn’t and has never been one of those
Something he isn’t? I have a list:
A lawyer.
CPO.
Useful.
Thoughtful.
Intelligent.
Honorable.
An honorable father.
…
Daniel Bernath was REJECTED by the Oregon Bar.
Daniel Bernath is STILL DISBARRED IN California.
Daniel Bernath had his CA Law License suspended for failure to pay child support.
Daniel Bernath was found at fault by the FAA for his plane wreck..
Delusion is a hell of a drug.
P.S. Did he just refer to the judge as an “affirmative action hire”? I bet he’ll come to regret that.
Transcripts of court proceedings are not cheap.
If he can afford them, the point should then be put forth that he has the money to pay other judgements as well.
Has Daniel A. Bernath ever paid even a dime of ANY Judgement against him?
That’s kind of the point, API.
He has money to pay for what he wants but doesn’t have money to pay for what is court ordered.
Florida does have “anti-asset hiding” statutes which might be fun to see be brought into play.
That would be fun to see go down… I’d pay to see Danni-boi’s scrotum face go slack when a judge asks his about all of his “assets” and whose name they are in.
As long as he is married to his wife, then it’s considered joint marital property. If he puts it into someone else’s name, then I believe it’s a crime.
Not necessarily a crime, but it would constitute a fraudulent transfer in fraud of creditors, which can be set aside by the court, so that the subject asset can be subject to an execution levy to satisfy the judgment.
Let’s just say he owes a lot of money to a lot of ‘other’ and ‘et al’.
I’m guessing that he’s got all the cash in the wife’s name… and she’s doling it out to him whenever he has a meltdown and wanting to file a suit somewhere.
Yes, they are. I once had an opponent attorney I beat like a rug in court threaten an appeal before he found out the court reporter’s transcript was going to cost about $20K.
BWAHAHAHAHA!
“Denial: not just a river in Egypt.”
Sheesh.
Got to love how Danni-boi, the DISBARRED LAWER, is telling the world that the judge is the one making mistakes. What a fucking riot… just another nail in the inglorious life of DANIEL A. BERNATH, professional assclown!
Delusional Daniel Beatdown Bernath.
This missive should be attached to every one of your rebuttal filings. It proves that the claimant is a raving lunatic set only on ruining any and all of his mythical enemies.
Someone’s going to jail
Someone’s going to jail
Someone’s going to jail
And it ain’t gonna be one of us.
Danny’s gonna get dragged away big time
Danny’s gonna get dragged away big time
Danny’s gonna get dragged away big time
And we’re all gonna clap and laugh our asses off and be delighted because he’s a giant ass wipe.
The End.
I’m sure that Danni-boi and QuEeFeRs will love jail… espeicallly the cockmeat sammich buffet, provided by the BTJT Deli!
Both No-Fly Bernath and ShORtBuSWIdoWLiKKer could not take a wizz and hit the toilet.
Even if they sat down, which is assumed.
😀 😀 😀
Not even with a catheter.
Gee. Now, where have I heard something like that before?
(smile)
I’m sure that Daniel A. Bernath the Fred Phelps clone (Phelps was a disbarred Attorney in Kansas who also filed asinine lawsuits) has been in enough courtrooms that he is known in the legal community where yes indeed it is A PISS POOR MOVE to piss Judges off. I wonder how soon he’ll be either in jail or a Mental Hospital?
Maybe the National Highway Safety Commission can start a new series Safety PSA’s, featuring the Crashed Pilot Dummy. The tag line will be “You can learn a lot from a disbarred attorney.”
Denial anagram for Daniel … coincidence?
Nice one!
Very good.
Did Birdbath limp in and slither out with his walker?
There’s another order out there from December 1, 2016 which is pretty spiffy as well.
https://cases.justia.com/federal/district-courts/florida/flmdce/2:2015cv00358/311693/101/0.pdf?ts=1480673650
Specifically, the judge said Bernath was playing games with responses to disclosure requests and ordering him to complete the requests by Dec 12.
The good part comes where the judge writes: “Thus, pursuant to the authority under Rules 26(g)(3) and 37(a)(5)(A), sanctions in the form of attorney’s fees are appropriate.” The bad news is that the defendants did not give an amount or itemization for fees, but she allowed them to amend their request to state amounts.
The judge then beats back with vigor a request for her recusal from the case and in doing so, cites a statement from Bernath that boggles the mind:
I am entitled to a jurist who does not make up facts in a case before any fact is laid before her as defendants show me being gang raped, have urged their followers to make my life []Hell and have attempted to murder me by sabotaging the aircraft I fly at Page Field, Ft. Myers.
I suspect the irony of accusing someone of :making up facts” is lost on the plaintiff.
And finally, there is this:
Plaintiff is ordered to SHOW CAUSE in writing on or before December 12, 2016 why he should not be sanctioned for misrepresenting to the Court that he is unable to engage in telephone communications.
Someone is in real trouble.
Baaahahahaha…..this shitstain claims he can’t use the phone at all because of tinnitus? My grandfather is 93 years old, has fairly severe tinnitus, yet somehow I manage to speak to him on the phone regularly. Not without difficulty, I’ll grant you, but we manage to get it done….and he’s 93 fucking years old!
Hell, *I* have tinnitus from a misspent heavy-metal youth, plus working on the flightline and neglecting my hearing protection in the way dumb young men sometimes do. I still heroically soldier on using the phone for work daily.
What a fucking worm.
I think somebody is going to get hit with Rule 11 sanctions and attorney’s fees. If it goes down this month, it will make a wonderful Xmas present. Also, someone is on the horns of a dilemma, he can either prove he is hearing impaired or have to admit he lied to the court and he can communicate on the telephone. Either way she is going to get him for misrepresentation to the court.
Wouldn’t someone “unable to engage in telephone conversations” have great difficulty in engaging in conversations over a 2-way radio – like with a FAA control tower when piloting an aircraft? And isn’t that required for someone holding even an FAA light sport aircraft license?
IMO, that claim has more holes in it than a colander.
IMHO it holds water like a sieve.
I hadn’t thought about that factoid. Good point. From personal experience, I can say that it is a lot more difficult to hear and understand radio traffic in a piston driven airplane than to listen to someone on a telephone. Jonn’s attorneys should use that factoid, if he continues this “I cannot hear phone conversations” bullshit. And I believe most light sport aircraft have radios and one cannot enter controlled airspace without communicating on the radio. There are some categories of aircraft, such as ultra-lights, that don’t require radios, but where you can fly them is restricted.
This guy really loves to play that “I am disabled” card to the max.
Stop. You didn’t say “Over.”
Over.
I have tinnitus, mostly ignored and sometimes annoying, but it does not block hearing ANYTHING.
Of course, if one is a compulsive fabricator of excuses, anything goes, right???
I also have tinnitus.. I just tell people to “STOP RINGING THAT DAMN BELL” when they talk to me.
There’s that video of Don’s that shows Dan talking on a phone just fine.
The same video that shows him walking just fine without a cane.
The same video that shows him riding a bike just fine.
Not to mention his prancing around his lawn while BAREFOOT sans any cane or crutches!!!
That be a legal way of saying, “Y’all done fucked up, boy.”
I guess while I live in Norfolk I guess I get to hear you’ll case and that stealing City Treasurer Burfoot also!!!
He’s going to file something in Norfolk on Tuesday? Really?
What’s he going to file? His nails?
All I have to say to all the arm chair warriors who have no skin in this game, buy popcorn …. loads and loads of popcorn.
I bought stock in Orville Reddenbacher!
Great news.
Bernath slurps cock daily.
I would love for congress to have a hearing on the affect of bullshit lawsuits and have Shit-nath given a supoena to discuss the last 16 lawsuits he filed.
Then have Trey Gowdy question his ass for 20 hours straight.
Can we sell tickets to that?
It would be awesome but I think the pay for view would be a rip off.
It would be like the Tyson Vs Peter McNeely 90 second fiasco Boxing match.
Pretty sure that after Trey being on his worthless ass for about 5 minutes Douche-nath would loose Fecal and bladder continence and pop an artery in his brain and assume room temperature right here.
Id still pay $49.95 to see it though.
The trouble with this is then he will be able to claim that he has appeared before Congress and that he is a honorary congressman.
“…deliberate, willful, and contumacious disregard for the rules, orders….”
I can overlook deliberate. I can even overlook the willful, but damnit man, when you become contumacious That is where I have to draw the line.
LMFAO
I just got a call from a friend who just read this post. He is an attorney, (who has not been disbarred), practicing law for 18 years, (without a reprimand from a judge), and even he had to look up “contumacious”. He says that “Going Bernath” will be in his conversations with his peers now. He also said that he did not realize that there is actually anyone that damned stupid, and wonders who ties his bib, before he goes out in public.
Never go full Bernath!
Should I look up the word contumacious or someone explain, pretty please
Best definition,,, “being a dickhead”.
con·tu·ma·cious
/ˌkänt(y)o͝oˈmāSHəs/
adjective
Law archaic
adjective: contumacious
(especially of a defendant’s behavior) stubbornly or willfully disobedient to authority.
IOW, he’s being a total Bernath.
Bank fraud, Danni-boi? Really?
I’d love to hear this one. Oh, and good luck with that filing in Virginia. I hear courts there take a dim view of violation of restraining orders.
“Ordered to prepare the transcripts”? Are they not public record and you can just ask for them?
This dipshit is the poster child for tort reform
Yeah, but he has to pay for them. It will be interesting to see how he pays for them, seeing as how he apparently claims to have no assets.
Are they not public record and you can just ask for them?
Yes and no.
They can be part of the public record, but for the purposes of an appeal, you have to use a “certified transcript.” That means that unlike the free transcript, the stenographer has to go back and listen to the tape to insure that the written transcription matches what was said. As you can imagine, it is easy for a stenographer to make a mistake on the initial transcription.
Whatever the stenographer is charging Bernath, it is not enough. Can you imagine not only having to sit through the case in the court but having to listen to it again and read it over and over to make sure it was correct? Can you imagine trying to make sure the incoherent ramblings of Bernath (as seen in his postings) are captured accurately?
::shudder::
Why is it that what he cranks out in the way of copy sounds distinctly like it was concocted by Psulie-o the Uncoolie-o, of somewhat distant (not distant enough) memory?
It does get strange after a while.
Milady I espy that as essay of how Dutch Rudder Mess Cocktails ground headpiece displeasure.
For me, the “after a while” is immediately after the first syllable Bernath writes or says.
Your mileage may vary. 😉
Oh, ok. Thanks for the explanation. So he gets a copy of the transcripts and see’s whats in them which he ought to know since he was there and if it looks like there is something he could use he gets a certified transcript copy. Since I’ve been in court one time for a traffic ticket and i was guilty anyways, I just wanted to see what a court was like on the inside, I have no idea how this stuff works.
If he was not trying to pump up his meager self grandiosity he should have said “ordered a copy of the transcripts from the court”.
There is a Federal statute for court reporters and their fees.
https://www.law.cornell.edu/uscode/text/28/753
Essentially, the court reporter works for the government so technically you could use a FOIA request for the original notes and transcript of the case. However, the rules of appeal courts don’t allow those original notes. You must have certified copy of the transcript.
That actually makes sense when you think about it because the transcript is evidence and you don’t want lawyers arguing over what was said. It’s a waste of time. The courts want someone to essentially testify by certifying the transcript of what was said.
The Courts set a maximum rate that can be charged by the court reporter (right now it is $3.85 per page plus a $90.00 fee for the request.)
When the request for a transcript is made, the court reporter is at that time working as what can be described as an independent contractor. They set their rates as long as it is not above the statutory max.
There are forms to be filled out by the applicant and the court reporter saying “we have a deal in place for the transcript at this price….” Because there are time limits to filing an appeal, you have to have those forms in place as well with the appeal.
Transcript fees add up fast.
I think it is fair to say that a page of transcription is about 30 seconds to a minute of real time depending on pauses, how fast some one speaks, etc. You can do the math on how much a 30 minute transcription may cost.
The polled poltroon Bernath continues his idiocy sans the comprehension of any formal wight. Could it be that Bernath hath lied so mickle for so gape that he forsooth believes what he says? I hath nay ruth for this bedlam bestowed the misery he hath enjoyed putting upon manifest others.
Well, now you’ve done it! You’ve become as incomprehensible as a bad lawyer ever wanted to be. Congratulations, API, you just went full — uh, what WAS that name again? I have forgotten it.
Oh, that this too, too mortal flesh would melt!
He went “Full Shakespeare“;
You NEVER want to go full Shakespeare.
JSF