OK. The DISCOVERY BATTLE starts now! The Case Management Conference has resolved the discovery issues and has just rung the bell to start discovery. The court has authorized 10 depositions for us with more if we need it and we can show reasonable cause. Paypal MUST appear for the depositions and Paypal MUST provide documents.
Here is how the discovery battle will proceed. First, demands can start going out to Paypal this minuet. In fact, discovery documents will be drafted tonight, including deposition requests, and they will be immediately delivered to Paypal.
CASE MANAGEMENT SCHEDULE APPROVED BY JUDGE WHYTE:
Dec. 12, 2008 - Discovery starts (Paypal executives to appear for a video deposition)
July 1, 2009 - Discovery closes
July 31, 2009 - Last day to identify any expert witnesses (e.g. computer expert to testify that Paypal's anti-fraud detection software creates millions of false positives)
Sept. 30, 2009 - Final day to file dispositive motions (e.g. we will file our motion for partial summary judgment again. To defeat this motion, Paypal will have to prove it did not commit defamation, which will be difficult since they have already admitted guilt in their employee declaration) Oct. 16, 2009 - Opposition on the dispositive motions
Oct. 24, 2009 - Replies due on the dispositive motions
Nov. 6, 2009 - Hearing before Judge Whyte on the dispositive motions
Jan. 14, 2010 - Pre-trial conference (i.e. we'll set the itinerary for the trial and conduct voir dire to select the jury)
Jan. 25, 2010 - TRIAL (The jury will be presented with the evidence that Paypal committed defamation and fraud in concealing "false positives while using false positives to wrongly benefit from consumers financially to their detriment.)
The following Paypal executives will be deposed, former Chief technology officer Scott Thomas, in house counsel John D. Muller, Chief financial officer, Mary M. Hentages. Also, Paypal managers in the following departments will be deposed (1) customer service, (2) complaint escalation department, and (3) fraud investigation department.
Paypal may try to obtain a protective order to prevent the executives from being deposed. I will oppose it. Nevertheless, Paypal MUST appear for a deposition by law.
I JUST FELT A FEELING OF NERVOUSNESS FROM PAYPAL IN COURT TODAY. LET THEM FEEL THE PAIN AND SUFFERING THAT THEY HAVE INFLICTED ON SO MANY INNOCENT PEOPLE. AGAIN, THIS IS NOT ABOUT DESTROYING PAYPAL, THIS IS ABOUT FORCING PAYPAL TO CHANGE FOR THE BETTER AND STOP PAYPAL FROM HARMING SO MANY INNOCENT PEOPLE.