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Stephen
Barrett May Soon Need a "Food Taster?"...
Opinion by Consumer Advocate
Tim Bolen
Saturday,
June 18th, 2011
There is no
doubt in my mind that Stephen Barrett's masters,
the ones that are paying his legal fees, and
directing the Defendant strategy in the
Doctor's Data v Barrett, et al, Federal
court case in Chicago are worried sick.
For, the Judge's Decision in Barrett's
"Motion to Dismiss" is due any minute.
Yes, the
Decision is taking awhile - but there is good
reason for it. The legal arguments are not
simple. In short, there is a conflict
between Substantive versus Procedural law, and
the Judge will be setting precedent that will
need to withstand Appeal.
I know that
sounds confusing, but in reality it is a simple
problem that will have to take careful legal
analysis, and careful Decision writing by the
Judge. The conflict rises in that Illinois
passed a new anti-SLAPP law that establishes a
certain procedure to be handled in certain kinds
of cases. The trouble is that that State
law's procedures conflict with the Federal Rules
of Procedure, and the court is going to have to
establish a legal precedent. Barrett
claimed protection under that anti-SLAPP law,
and Doctor's Data replied "This a Federal Case
and Federal rules apply."
But don't
worry, no court is actually going to declare
Stephen Barrett as "the Czar/God of US Health
Care," the man who is
"assisting government,"
blah, blah, blah... That's not going to
happen.
Barrett's "Motion to
Dismiss" is Just a Stall Tactic...
The very worst
thing that can happen to the organization, right
now, that runs Barrett and the so-called "quackbuster"
campaign, is "Discovery" in a Federal Court case
setting.
There has
never been any doubt in my mind that Stephen
Barrett does not now, nor has not for a very
long time, written, edited, or placed any of
those articles on his 22 websites. Nor
does Barrett have the skills or the mental
capacity to be able to arrange the Search Engine
Optimization necessary to catapult those crap
articles to the first pages of the search
engines. It is all being done by others.
Barrett is simply the front man. The
codpiece.
But, the
danger to that organization is that Barrett
DOES KNOW who his masters and handlers are.
When "Discovery" starts, after the "Motion to
Dismiss" is tossed out, Doctor's Data is going
to be presenting those questions - and Barrett
will have no choice but to answer - or face a
Contempt charge - which could mean instant jail
time for Barrett until he answers those
questions.
The problem,
for Barrett's masters and handlers, is that once
that information hits the public, THEY will
become legal targets, not just with an Amended
Complaint in the
Doctor's Data v Barrett, et al, Federal
court case, but, likely, in hundreds, maybe
thousands, of new lawsuits, around the United
States. And it won't take long, I'd guess,
before the smarter attorneys shift upwards from a simple "Conspiracy" allegation to full-blown
"RICO" complaints. There is no doubt
in my mind that
Barrett, et al, fear "RICO."
Quackbusters: Their Fear
is Palpable...
Last October
22nd, 2010 I wrote an article on this specific
subject. You can read all of it by
clicking
here. But, to be brief, below are the
important points to digest:
"When I say that the "quackbuster's"
fear is
palpable, I mean exactly that.
So, what would cause such an increase in
their fear factor? One simple thing - The
recent words, October 13th, 2010, of the
Doctor's Data v Stephen Barrett Federal
Court regarding the case. The Court said:
"Proposed discovery schedule to be
submitted to the court by 12/6/2010. Status
hearing set for 12/8/2010 at 9:30 AM."
Huh? Why would these, seemingly innocuous
words, generate gut-wrenching, instant, diarrhea
in the quackbuster ranks? Two reasons:
(1) The entire quackbuster operation is a
misinformation system where real information is
spun and tightly controlled. Quackbuster upper
ranks give the soldiers only the info they want
them to have, with only the spin they want them
to have. Quackbuster soldiers, for instance,
found out about the lawsuit from my
article. Then five days later the "spin" began
with
Orac the Nipple Ripper's article. The
primary "spin" was that "the case has no merit.
The Judge will throw it out as soon as he reads
it, Doctor's Data will have to pay fines, and
Barrett will sue them for malicious prosecution.
Blah, blah, blah..."
Of course, none of that happened, so now they
are very nervous.
(2) The worst possible scenario for the
quackbusters is developing. In the court
statement above, what
"Proposed discovery schedule to be submitted to
the court by 12/6/2010"
means is that soon the unraveling of
the quackbuster conspiracy will begin using the
"discovery" provisions of a Federal Court case.
In short, Doctor's Data will demand of Barrett,
and Barrett will be forced to answer, providing
documents, questions about all of his activities
at issue in the lawsuit.
Under Federal Rules:
"Unless otherwise limited by court order, the
scope of discovery is as follows: Parties may
obtain discovery regarding any nonprivileged
matter that is relevant to any party's claim or
defense — including the existence, description,
nature, custody, condition, and location of any
documents or other tangible things and the
identity and location of persons who know of any
discoverable matter. For good cause, the court
may order discovery of any matter relevant to
the subject matter involved in the action.
Relevant information need not be admissible at
the trial if the discovery appears reasonably
calculated to lead to the discovery of
admissible evidence. All discovery is subject to
the limitations imposed by Rule 26(b)(2)(C)."
More, not just
Stephen Barrett will be forced to provide
information. Those accused in the lawsuit of
acting conspiratorially will also be forced to
provide information. It is this action that
will be used to gather data regarding the
complicity of others in Barrett's activities.
For instance, Doctor's Data will no doubt
demand:
(a) the names on Barrett's Consumer's
Digest newsletter email list.
(b) the names of any and all contributors,
including amounts, to Barrett's Legal Defense
Fund.
(c) The names of everyone, and every
discussion group, website, or blog, linked to
Barrett's websites.
(d) the names of everyone who assists
Barrett, in any way, to write, edit, post, and
position Barrett's articles on search engines,
including the identities of Barrett's SEO, SMM,
experts.
(e) the names of Barrett's Wikipedia
information management team.
(f) all communications, including telephone
records, that would show communications
(recruitment) with potential or actual
plaintiffs suing Doctor's Data, or solicited to
sue Doctor's Data using Barrett's recommended
attorneys.
(g) all communications with any local,
state, or Federal agency where Barrett may have
purported to claim expertise, or where a
complaint was filed by Barrett and his
co-conspirators, in regard to Doctor's Data.
(h) videotaped Depositions of Barrett and
his co-conspirators.
(i) and much, much more.
What will be
accomplished with this Discovery...
Discovery, in this case, I think, will focus
on two major areas:
(1) proving up the case on the original
Complaint, and
(2) gathering the information to be used to
justify another Amended Complaint against NEW
Defendants.
Federal Court rules allow one Amended
Complaint with no restrictions. Beyond that the
Plaintiff must ask for permission from the Court
to file another. Those requests must come with
justifying information. Discovery will ask
Barrett and the others just how Barrett's
article float to the top of the search engines.
The answers to those questions will flush out
the additional, currently hidden, conspirators.
As I pointed out before no one would much
care if a rancid old fart like Barrett wrote his
hateful articles if he ended up on page 82 of
Google. But, he doesn't. He is always on page
one - and that means co-conspirators.
Search Engine Optimization (SEO) isn't just
about writing an article and publishing it on
your website. A lot of professional work needs
to be done to move that article, every time, to
the first pages of Google and the other search
engines. The people that do that for
Stephen Barrett are just as guilty as
Barrett - and, hopefully, they have VERY DEEP
pockets so they can help pay the 20 million
dollar claim.
Now comes a really FUN part of the
Doctor's Data v Stephen Barrett Federal
Court case. Barrett's minions and
sycophants were certain that this issue
would never touch them. So much so that they
were convinced, after the lawsuit was filed, to
attempt to permanently destroy Doctor's Data
using an Intentional malice " Googlebomb,"
and more.
Now, their time is coming. And, they are
squeaking and trembling in disbelief. It is
really fun to watch.
And, Barrett is
the key to this necessary information...
It wouldn't
surprise me a bit to find that Barrett has
employed a
"food taster."
Stay tuned.
Tim Bolen - Consumer
Advocate
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