Tuesday, December 4, 2007

BREAKING NEWS: Sanctions Motion Filed Against Manalapan Legal Dream Team

In a stunning new twist of events, DaTruthSquad has learned that da target of da Manalapan land-deal-gone-bad case in “Da Township of Manalapan vs Da Mosked Man” has filed a document in court alleging inappropriate actions by 2 attorneys representing Manalapan, as claimed by da Mosked man in his court filings.

In what is called the Certification in Support of Motions for Sanctions,” da Mosked man alleges numerous charges against attorneys David Weeks and Daniel McCarthy, both of whom da Mosked man claims represents Manalapan Township in da legal case that is now da talk of da USA and Canada.

There are amazing allegations made in da Mosked man’s legal papers, including da fact Manalapan Township hired David Weeks and his law firm, and according to da Mosked man, while “Mr. Weeks, the Plaintiff’s attorney is an experienced litigator. He is a medical malpractice defense attorney.” This means da town bringing both a First Amendment and Real Estate lawsuit against da Mosked man, and hired a firm supposedly specializing in medical malpractice!

In addition, da Mosked man alleges what daTruthSquad has said all along – that da case of “Da Township of Manalapan vs Da Mosked Man” apparently uses da land deal to attack da blogger. Equally important, da Mosked man claims he personally was never served with da subpoena and did not give any notice to da Mosked man, in violation of da law “Rule 4:14-7.”

Da Mosked man also alleges Weeks “intentionally withheld service of da subpoena from” da Mosked man.

In da Mosked man’s 18-page legal document filed with da court, and able to be viewed by all here, da Mosked man alleges various improprieties, which daTruthSquad will highlight a select few.

Page 2 – Alleging Township Attorney Carolina MachoGrande was aware “there was no legal authorization for this action and failed to so inform this Court,” thus “in breach of her duty to this Court as the Township Attorney for Manalapan.”

Page 3 – Alleges attorney Weeks “violates New Jersey Law governing contingent fees, namely Rule 1:21-7. This rule prohibits any open-ended contingent fee agreement that requires payment of a 33 1/3% contingent fee on recovery amounts that exceed $500,000. There is no cap to Mr. Week’s 33 1/3% contingency fee recover.”

Page 4 – Alleges “Da Township agreed to this Order with the full knowledge of da existence of da oil tank,” meaning they knew da oil tank existed before da Mosked man became involved.

Page 5 – In what can only be described as a rebuttal of comments made during a November 28 Manalapan Township Committee meeting, daMosked man alleges there are in fact 4 – count ‘em – 4 attorneys involved in da legal process against Da Mosked man, and that da town forces “the taxpayers of Manalapan to pay twice for the same legal services, in that three attorneys are being paid by da hour, while da fourth gets a contingent fee providing for no deduction for any amount paid to other attorneys doing the legal work on this matter.” In addition, da Mosked man alleges it is “offensive, if not illegal ‘double dipping’ forcing the taxpayers to pay twice for da same work.”

Page 5 – Alleges “If I (da Mosked Man) were to lose this case, I (da Mosked Man) would undoubtedly be da first attorney in the history of New Jersey, if not da entire nation, to be held legally negligent for following a prior court order obtained before I (da Mosked Man) even became involved in da matter.”

Page 7 – Claims da subpoena for information on daTruthSquad issued by da Weeks firm employed by Manalapan “Violates da NJ Court Rules.” Da Mosked man also alleges “Mr. Weeks’ firm has violated this Rule of Professional Conduct. Da integrity of da judicial system mandates that this violation not simply be ignored.”

As for Daniel McCarthy, another of da dream team lawyers whose services are reportedly being retained by Manalapan, he too is not immune. Da Mosked Man says on Page 12, “After attaching voluminous excerpts from da blog site to his Certification, Mr. McCarthy extended his misrepresentation to this Court to da absolute limit, stating unequivocably in his brief that I (da Mosked Man) was, in fact, DaTruthSquad.

DaTruth is, da Mosked man makes very clear da real motive behind “Da Township of Manalapan vs Da Mosked Man. “It is clear that da purpose of da subpoena, if not this entire litigation, was to embarrass or burden a third person, da anonymous blogger known as “daTruthSquad.” Da subpoena has nothing whatsoever to do with da purported basis of this litigation, my following a court order to obtain a parcel of land.”

In addition to all claims made in his Sanctions Motion to the court, da Mosked man is also asking da court that “Mr. McCarthy should be forced to pay attorneys fees for all of the motions generated by his false statements to this court as to the identity of daTruthSquad.”

As for Weeks, da Mosked man wants from da court an order “prohibiting them or any attorney for Plaintiff from engaging in any discovery without a prior order of the court,” and from both attorneys a combined $5,000 to pay for da Mosked man’s attorney fees.

DaTruth is, and da Mosked man laid da claim on da table, there needs to be a solid and undisputable determination as to exactly what this legal case is all about. Is da Town of Manalapan going after da Mosked man because of a land-deal-gone-bad, or do they want to simply expose daTruthSquad, who has shined a light on da inner workings of some big fish in da little pond? Is this case about real estate or da removal of da First Amendment of da Constitution?

DaTruthSquad must also remind those few about a few fine folks who wrote da Federalist papers back in the late 1700’s. Da men who wrote it used da pseudonym “Publius,” and did so to hide their identities for fear of retribution from da government of da day. Those men, Alexander Hamilton, John Jay, and James Madison helped build this great nation. DaTruthSquad believes da founding fathers, while they may have never heard of da internet or jet planes, knew full well what they were doing, since that great document they put together known as da Constitution of da USA has withstood da test of time for 220 years.

And, as da Star Ledger brilliantly stated in its editorial, "Manalapan leaders should remember how those who tried to suppress the leafleteers fared: Not well."

DaTruth is, we live by a complex and meaningful set of laws known as da Constitution. You can't take that document and pervert or trample it solely because you are a small-town politician. And that’s daTruth!