Author Topic: Motion to Unseal Court Filing (HOA Settlement)  (Read 19842 times)

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Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #60 on: April 15, 2013, 06:43:53 PM »
I am confused on the timing of the court clerk for the 12th.  It show MOM's Motion to Unseal at 8:43am but the Crump letter (3:27pm) and his response (3:32pm)  I don't get how O"Mara's filing can be ahead of all of Crump's.

O'Mara Motion to Unseal was served on the 11th, so it came into the clerk a day before Crump's.  I think Crump filed the same thing (Motion to Determine Confidentiality) in duplicate.  One just as a Motion, and second as the same motion under a cover letter to the clerk.  Probably dropped both off at the same time.

Crump's Motion has all sorts of extra stuff that is in response to O'Mara's Motion.

Offline DebFrmHell

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #61 on: April 15, 2013, 09:36:44 PM »
O'Mara Motion to Unseal was served on the 11th, so it came into the clerk a day before Crump's.  I think Crump filed the same thing (Motion to Determine Confidentiality) in duplicate.  One just as a Motion, and second as the same motion under a cover letter to the clerk.  Probably dropped both off at the same time.

Crump's Motion has all sorts of extra stuff that is in response to O'Mara's Motion.

Thank you.  As I've read it, shouldn't Crump's Motion to Determine Confidentiality been filed on the 4th?  doing it after seems like closing the barn doors after the horses have all gone.

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #62 on: April 16, 2013, 03:47:15 AM »
Thank you.  As I've read it, shouldn't Crump's Motion to Determine Confidentiality been filed on the 4th?  doing it after seems like closing the barn doors after the horses have all gone.

Yes.  A Motion to Determine Confidentiality should have been filed before filing a Notice of Confidential Information within Court Filing.  Cutting Crump a little slack, the Confidentiality rule is complicated in this regard, but does have a built in safeguard (if the Court follows the rules) that the court keeps those under seal for at least 10 days and notifies the filer that he (the filer) has broken the rules.

I have a few long winded posts above (or below, if you sort the thread into "newest first") that cover this in detail.

Offline FromBelow

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #63 on: April 18, 2013, 12:21:30 PM »
DEFENDANT'S RESPONSE TO MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS IN OPPOSITION TO DEFENDANT'S MOTION TO UNSEAL

http://gzlegalcase.com/index.php/court-documents/143-defendant-s-response-to-motion-to-determine-confidentiality-of-court-records-in-opposition-to-defendant-s-motion-to-unseal

Offline nomatter_nevermind

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #64 on: April 18, 2013, 12:35:12 PM »
I wonder what manner of potential witnesses, 'unknown at this time', are alluded to in paragraph 3 (pp. 1-2).

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #65 on: April 18, 2013, 12:39:20 PM »
I wonder what manner of potential witnesses, 'unknown at this time', are alluded to in paragraph 3 (pp. 1-2).

Parties to the confidential settlement agreement, is how I took it.  O'Mara doesn't know who those parties are.

Offline FromBelow

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #66 on: April 18, 2013, 12:44:05 PM »
I wonder what manner of potential witnesses, 'unknown at this time', are alluded to in paragraph 3 (pp. 1-2).

I would think the unknown parties mentioned in the settlement agreement. Do we even know for sure who is paying Crump? The HOA or their (old) insurance company? Isn't witness #11 on the HOA board?

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #67 on: April 18, 2013, 12:45:20 PM »
DEFENDANT'S RESPONSE TO MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS IN OPPOSITION TO DEFENDANT'S MOTION TO UNSEAL

I found paragraph 9 to be interesting.  O'Mara says there is no evidence on the record of a "cleaned up" recording of the 911 call, and suggests that Tracy Martin's stated rationale for change of mind regarding the voice he heard is based on a fabrication.

Paragraphs under "8" are going to get under the state's skin.   O'Mara states Zimmerman's account as fact.

Offline unitron

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #68 on: April 18, 2013, 01:00:25 PM »
So, if Crump had never filed the settlement with the criminal court, or otherwise made a big deal out of it, would the defense still be going to these lengths to get a peek at it?

Offline FromBelow

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #69 on: April 18, 2013, 01:06:34 PM »
So, if Crump had never filed the settlement with the criminal court, or otherwise made a big deal out of it, would the defense still be going to these lengths to get a peek at it?

Did they know a settlement even existed prior to Crump filing it?

Offline nomatter_nevermind

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #70 on: April 18, 2013, 01:14:25 PM »
The estate of Trayvon Martin is the only party that stands to gain from testimony unfavorable to the defense. It's not likely anyone but his parents are heirs of the estate.

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #71 on: April 18, 2013, 01:21:49 PM »
I wonder what manner of potential witnesses, 'unknown at this time', are alluded to in paragraph 3 (pp. 1-2).

Has the state named other [family] voice-id witnesses?  Maybe O'Mara is zinging de la Rionda for not filing a witness list.

Offline MJW

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #72 on: April 18, 2013, 01:28:13 PM »
Did they know a settlement even existed prior to Crump filing it?

The defense may have asked Tracy Martin and Fulton about any settlements during the depositions.

Offline nomatter_nevermind

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #73 on: April 19, 2013, 03:43:59 AM »
Has the state named other [family] voice-id witnesses? 

Family or not, only the parents would be heirs of the estate.

Strictly speaking, none of the parties can be witnesses. Only a natural person can be a witness, and none of the parties is a natural person. They are Trayvon Martin's estate, an HOA, and allegedly an insurance company.

The financial interest of the HOA members would presumably be the opposite.

I don't think there has been a peep out of the prosecution.

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #74 on: April 19, 2013, 04:58:55 AM »
Family or not, only the parents would be heirs of the estate.

Technically, I'm not sure that Tracy has a claim.  He was not a party to the settlement agreement.  But the scope or circle of people who would benefit from a claim is not necessarily identical with the scope of legal right to sue for damages.

 

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