Link: Full article
Meanwhile, Jacques Nazaire has wasted little time in responding to all of this by... well... ignoring nearly all of the evidence above. At least this time he, or someone else, figured out how to change the metadata on the PDF to actually say "Jacques Nazaire" instead of "Paul Duffy" (which suggested the filings were actually written by Duffy, who is not admitted on this particular case - and whom Nazaire has pretended to distance himself from). However, they haven't quite figured out the metadata stuff completely. Andrew Norton points out that the metadata still points to the same weird Chinese language PDF producer that Duffy has used, rather than the iT3XT that Nazaire had been using. Oops.
The rest of Nazaire's response is pretty funny as well. The crux of Blair Chintella's argument against Nazaire was that he violated the rules with his request to stop the discovery by failing to have the required "meet and confer." Nazaire argues that his brief emails with demands should suffice because an actual phone call would be taped and played on the internet, where he might be further embarrassed:
It has been alleged that a good faith effort has not been made to meet and confer. The facts however demonstrate that, on August 3 and August 4, a good faith effort was made to have the excess discovery demands in this case withdrawn. Because of the unnecessary publicity garnished by press releases in this case (See Exhibit A), it is difficult for plaintiff's attorney to call to discuss confidential and privileged matters regarding this case. The telephone and live conversations will more than likely be taped and played on the internet. The confidential matters discussed via email will more than likely be posted as a publicity campaign on the internet. Given the environment that has been created, the plaintiff has made the best effort possible to confer regarding discovery. Plaintiff has not issued any press releases or tweets regarding this matter
I'll leave it to the lawyers out there to discuss what an absolutely, stupendously ridiculous claim that is to make. Either way, we'll see what the judge makes of all of this, but the evidence is piling up against Team Prenda, and the hilarious attempts to tap dance out of it keep getting more and more ridiculous.
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