Thursday, July 11, 2024

BREAKING: Stephen Richer Can Push Forward With Broad Discovery Against Kari Lake For Punitive Damages, Judge Sets 4-week Schedule For Parties To Work On It; Also, Mike Lindell and Merissa Hamilton Subpoenaed

Stephen Richer can pursue broad discovery against Kari Lake in his defamation case, a judge ruled today. But, Richer must first come up with a specific list of documents he wants her to to turn over about both punitive damages and general damages.

Meanwhile, Richer has subpoenaed both Mike ("My Pillow Guy") Lindell and Merissa Hamilton for information, and has filed a Motion to Compel against the latter.

The defamation case has rotated to Judge Randall Warner, and he issued a Minute Entry today (below) on Richer's Motion to Compel (also below). Warner suggested that Richer "has not shown that evidence he needs to prove special damages is within Defendant Lake's control", and denied that part of the Motion.

Judge Warner also acknowledged that Lake is correct that Richer is not entitled to discovery on punitive damages until he has made a basic case for punitive damages. "But, Richer met this prima facie burden WHEN LAKE ADMITTED THE ALLEGATIONS IN THE COMPLAINT." (emphasis added) Richer is thus entitled to discovery about Lake's (and her committee's) wealth "and the degree of culpability".

(Lake defaulted rather than contest the merits of the defamation case.)

Richer has until July 19 to make a "reasonably tailored... specific list of documents sought", noting that there is no limit to that list, within the bounds of the previous requests. Lake then has two weeks to respond, and the parties must update the court by August 9.

Earlier in the week, Richer also filed a Motion to Compel Merissa Hamilton to comply with a subpoena for documents. Hamilton has assisted Lake and her "Save Arizona" committee (also a defendant). (LATER: Hamilton informs Arizona's Law that she attempted to comply with the subpoena, but that Richer's attorneys did not accept her offered documents.)

And today, Richer sent a subpoena for documents to national election denier Mike Lindell. Given today's Minute Entries, those actions might end up waiting until after the Lake discovery is sorted out.

Also worth noting is that Lake added Dennis Wilenchik to her legal team. Wilenchik is now representing her, as Tim LaSota and Jen Wright slid over to represent "Save Arizona Fund" and "Kari Lake for Arizona", respectively.

A pre-trial conference is on the calendar for August 21.

This article was reported by AZ Law founder Paul Weich. 

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

No comments:

Post a Comment

SITTING ON TWO BENCHES: Arizona's 2nd Supreme Court Is Based In... Honduras? Arizona Semi-Retired Justice, Judges Are Only Senior Arbiters In "Precarious" Semi-Autonomous City

A semi-retired Arizona Supreme Court Justice and two other retired Arizona judges comprise the highest level of arbitrators in a privately-o...