It's not, but I'll take the bump.  This has been going on so long, most have forgotten about it.

The order the Settlement meeting was posted this week!  I wish I was allowed to write the settlement statement!

1. ATTENDANCE OF LEAD, TRIAL COUNSEL IS REQUIRED. Counsel is required to be personally present and have full
settlement authority. When the settlement decision will be made in whole or part by an insurer, the insurer shall
have a representative present in Court at the time of the settlement conference with full and complete authority to
make settlement decisions. A corporate party shall have a representative present in Court at the time of the
settlement conference with full and complete authority to bind the company. A governmental entity shall have a
representative present in Court at the time of the settlement conference authorized to act on its behalf.
Failure to produce the appropriate person(s) at the conference may result in an award of costs and attorney
fees incurred by the other parties in connection with the conference and/or other sanctions against the noncomplying
party and/or counsel.
At least three (3) court days prior to the conference, each party shall submit a confidential statement to the
Court. The settlement statement shall not become a part of the file of the case, but shall be for the exclusive use
of the Judge in preparing for the settlement conference.


The settlement statement shall contain a specific recitation of the facts, an analysis of the law, a discussion of the strengths and weaknesses of the case,
the parties' position on settlement, including the latest settlement proposal, and a report on settlement efforts to date. If not already a part of the court file, copies of
any critical agreements, business records, photographs or other documents or exhibits shall be with the settlement statement. The statement should not be lengthy, but should
contain enough information to be useful to the Judge in analyzing the factual and legal issues in the case. The parties are encouraged to be candid in their statements.


3. STATEMENTS INADMISSIBLE. Statements made by an party during the settlement conference are not to be used in discovery and will not be admissible at trial. Parties are
encouraged to be frank and open in their discussions. The Court expects the participants to address each other with courtesy and respect.

This just a meeting to inform the judge we are not settling, and why we are not offering anything.  After this the Judge can plan ahead and know she has to make room on her docket for this nonsense.

I would just like to stand up and say:

Allison and Jerry, via text messages, conspired to commit a felony straw purchase; Jerry agrees to buy a firearm for a prohibited person.

Jerry bought a .22 revolver for target shooting from ADCO. This type of firearm is the most common and most popular choice for a new shooter who wants to “shoot targets,” as Jerry said is his deposition and interview with Albright. Jerry filled out the 4473 background check form as the buyer of the handgun. Jerry supplied his Ohio Driver’s license as the required valid government ID.

In section A of the 4473, Jerry misrepresents his address. Jerry moved from the address on his driver’s license on December, 2 2019.

•On question 11(a) of the 4473, Jerry knowingly and admittedly lied in an effort to deceive Mr. Thompson when he answered “yes,” indicating he was the actual buyer     of the gun.

•On question 11(h) of the 4473, Jerry lied when he checked “no,” saying he was not subject to a restraining order.



Detective Albright from Sylvania Township Police Dept. informs Mr. Thompson of ADCO Firearms that Allison used the gun Jerry purchased to kill herself. Mr. Thompson says he remembers them because of the strange dynamic (age difference) but further stated, “There were no indications they were attempting to make a straw purchase.”

Jerry Zohn pleads guilty in federal court to Counts 1 of the Indictment and is convicted under 18:922(A)(6):

It shall be unlawful for any person- in connection with the  acquisition or attempted acquisition of any firearm…from a licensed dealer, to knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive … the dealer…with respect to any fact material to the lawfulness of the sale or other disposition of such firearm.


Zohn was convicted of a crime, one element of which is knowingly lying to a firearms dealer, Mr. Thompson.  
The only physical evidence of the events of the firearm purchase by Zohn is the 4473, which was completed and signed by Zohn, and submitted to and approved by the FBI NICS echeck system.  There were no other employees or witnesses in the store, and no video recording.
Mr. Thompson has an established, documented history of reporting suspicious purchase attempts to local law enforcement.  
Mr. Thompson was never questioned by any law enforcement agency beyond the initial contact, and no one in law enforcement has ever suggested he broke any laws.
Mr. Thompson’s deposition testimony is consistent with what he told Detective Albright about the events of July 2.
Zohn’s testimony varies greatly between his deposition and interview with Detective Albright about the events of July 2.
Zohn showed no remorse when being interviewed by Albright. When told he was brought in for questioning about Allison, who he hadn’t spoken to in a month, he never once did asked if she was OK.
When Zohn was told his gun was used in the suicide, he said, “I should have kept the gun with me and been done with it.”
Zohn told Det. Albright the receipt for the gun was in his car. Payment for the gun was made with cash. Unlike a credit card payment, there are no statements with the name of the purchaser or card holder, or when payment was made. The receipt offers no proof of who the payment came from. While Zohn claims Allison paid for the gun, Mr. Thompson stated in his deposition that Zohn handed him the cash. If it was Allison’s cash, there is no way Mr. Thompson could have known that. Further, there are no bank receipts or statements showing Allison withdrew any cash that day in the court record.
When Albright asks Zohn, “Do you wanna guess what gun she used to do it,” Zohn replies, “The gun that I bought her.” Zohn once again clearly states he was the buyer of the gun.
Zohn told Albright, “She actually wanted a bigger gun. I said no, what do you need a bigger gun for to shoot at targets?” Zohn was in charge of the decision-making when he purchased the .22 revolver for target shooting.
The plaintiff’s only witness is a convicted felon and an adjudicated liar, who lied under oath in his deposition in this matter several times.

This is my favorite post in all 39 pages.

The settlement meeting with the Judge was changed by the Judge at the last minute into a civil mediation meeting with a magistrate.    Bad guys said they want $500k.  Our response was  that we are not willing to offer 5 cents.  Insurance Adjuster was present and fully supportive of the decision.   Trial is Scheduled for May 21, 10AM.

Jury

I'm sure the corporate insurance lawyers looked at all the depositions, witnesses and evidence and said, "Fuck no, we're not setting.  They have nothing."

I never saw them.   I was in a room with the claims adjuster.  Plaintiffs were in a different room.   The attorneys and mediator were in another room.  None of what was said today is admissible, so I may well have offered a bag of dicks given the opportunity to sit across from them - which is probably why the put the parties in separate rooms.  

Rexkwando will not be testifying.  I'm going to make the call, even if the judge doesn't exclude him, they will not put him on stand.  They have to know he's a joke.  I can't believe there will be a trial in May.  I think they are going to find a way out.  They wanted a settlement, they dont want a trial.  They can not win, their case is so weak.

I think that’s a discussion between the attorney and the client. Are the lawyers obligated to go to trial if their clients want a trial?  Can the lawyers fire their clients?  
Here is their contract - Here