Opposing Counsel not informing Defendant of Plaintiff messages

K

Ken Del Signore

New Member
Jurisdiction
Illinois
Hello all,
I have a pro se case whistleblower case that has just survived MTD. There are two Defendants, a major corporation, and a nurse that works for the corporation.
The nurse is charged with submitting a falsified affidavit to an ALJ in the DOL in a previous trial concerning this matter. I think it is most likely that the lead Attorney for the corporation falsified the affidavit after the nurse had signed it.

I have sent opposing Counsel a message that the nurse can have a full release of claims for full and honest testimony about the affidavit. Also that I am sending a subpoena to the state nursing board to obtain records of a HIPAA complaint that I filed against the nurse and that was summarily dismissed without comment.

I was expecting that the nurse would oblige, but I got no reply from opposing Counsel. I then sent a message asking opposing Counsel to confirm that my messages were delivered to their client and they responded with:
"
Without addressing all of the allegations in your emails, are you making a specific monetary demand to Ms. Gliori to resolve the remaining claim against her that the District Judge did not dismiss in exchange for a full release of any claims you may have against her? If so, I'll communicate that amount to her.
"

to which I replied that I would settle for the amount specified in the complaint.

I then sent opposing Counsel a msg. asking if either of their clients would oppose a motion to compel opposing Counsel to inform the nurse (Defendant) that her MTD was denied and to deliver the Plaintiff's messages to her. No reply.

So I was hoping someone here might know some case law. I believe I have a situation where opposing Counsel is not representing the interests of a Defendant, to the benefit of another Defendant.
thanks
Ken D.
 

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Ken Del Signore said:
So I was hoping someone here might know some case law. I believe I have a situation where opposing Counsel is not representing the interests of a Defendant, to the benefit of another Defendant.
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That's none of your business. Neither defendant has any obligation to respond to you other than in court or with court pleadings.

Case law isn't going to help you.

After reading your earlier thread, I am not surprised that they are ignoring you.
 
You need to consider hiring an attorney or dropping this rotten bowl of dog food.

Your details are all over the internet, mate.

The following is but one example.


Del Signore v. Nokia of America

If you must persist in your Quixotic Quest, please use your right to silence, insofar as Unsocial media and the internet are involved.

You have many other protections in the courtroom, very few outside if you wish to bark, growl, chirp, and meow via other forums.
 
I've got an attorney planning to file a notice of appearance next week now that the MTD is survived.

It is my business if a defendant is misrepresented in trial, they can file an appeal based on such an argument. I can file a motion to disqualify opposing counsel based on these grounds, so that's why I'm asking for help.

The attorney I have has no guidance on this very arcane question. I think she will be invaluable if this gets to a jury trial though. She does employment law and real estate closings and has trial experience.

My question reduces to: is opposing Counsel required to tell the Defendant that her MTD was denied and to deliver my settlement communications?

The tortuous interference claim against the Corporation was denied because I didn't list them in one spot under the cause of action. This is a secondary charge, the main charge is termination for whistleblowing under FCA, SOX, and Illinois whistleblower act, and also for submitting a falsified affidavit to the DOL ALJ in Jan 2020 as part of an MTD, which I argue caused the ALJ to rule against me on a technicality in the MTD. The District Judge specifically repeated that allegation in his ruling.

Also, the District Judge pointed out a detail in his ruling that made me realize I missed an opportunity to win the case in DC at the DOL. The falsified affidavit contains details of my medical office visits that occurred after the date of the falsified record in the affidavit. Nokia had obtained all of my records by subpoena through the summer of 2019. The falsified telephone log occurred on Sept 18th, 2018, and it contains details from office visits that after Sept 18th.
I argued that the affidavit was falsified, but I was under a great deal of duress and missed the fact about the dates.
 
I also had an attorney on hybrid retainer/contingency in the summer of 2020 and he bailed on me.
My allegation is that the Nokia GC altered the affidavit, but then the ALJ allowed discovery to end on the argument that the Sept 18th phone call was illicit, and the Nokia GC was terminated. Then I alledge that the new GC obtained her falsified affidavit and submitted it to the DOL as part of Nokia's MTD.

So the attorney I had said, why would Nokia submit a knowingly falsified affidavit? And I didn't have a good answer, but I think I do now, the new GC wasn't trying to win the ruling, he was trying to mitigate the awarded damages. After the ALJ allowed discovery to end, Nokia had offered me $515K + an NDA and I had said no because of the NDA. So I don't think Nokia was trying to win and then have to defend the affidavit in District Court, but that is what happened.
 
If you were offered $515k, you probably should have taken it.
 
Zigner said:
If you were offered $515k, you probably should have taken it.
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The ALJ's law clerk had indicated to me that I was going to win the ruling on a combined MTD/MSJ. I then communicated the details about the settlement being hung up on the NDA and he gave me no indication of any kind that I should accept the NDA. - if he would have cleared his throat after I told him this, I would have taken the NDA, instead he was dead silent on the phone.

Then, Nokia submitted the falsified affidavit in their MTD and the ALJ granted their MTD, saying that I had not successfully argued that I had completed a required technical detail on the day that I first filed my SOX complaint with OSHA (despite the fact that I described completing the technical detail in my complaint and response to their MTD) and he dismissed my case.
 
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You have no standing for a motion to disqualify the other party's attorney. He's not your attorney. It will fail so give up the idea and rely on your new attorney for the rest of the case.

By the way, civil appeals are based on errors made by a judge. That a party's representation was ineffective would not be an issue on a civil appeal.
 
Ken Del Signore said:
The ALJ's law clerk had indicated to me that I was going to win the ruling on a combined MTD/MSJ. I then communicated the details about the settlement being hung up on the NDA and he gave me no indication of any kind that I should accept the NDA. - if he would have cleared his throat after I told him this, I would have taken the NDA, instead he was dead silent on the phone.
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I really think that your perception of this matter differs from reality by a fair amount.
 
Ken Del Signore said:
I believe I have a situation where opposing Counsel is not representing the interests of a Defendant, to the benefit of another Defendant.
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I assume that the same attorney is representing both the corporation and the nurse. How the opposing attorney is representing the two defendants is not your concern and not something that you have any standing to raise in court. That's a matter between the defendants and their lawyer. It's nothing to do with you and you should not divert your attention to matters out of your control and that do not affect you.
 
Ken Del Signore said:
After the ALJ allowed discovery to end, Nokia had offered me $515K + an NDA and I had said no because of the NDA.
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If the amount offered was acceptable to you, why is the issue of the NDA causing you to reject it? Bear in mind that the vast majority of lawsuit settlements have NDA provisions in them; it's a pretty standard thing. Are you that hell bent on wanting to shout to everyone the details of the lawsuit settlement? What good would that do you?
 
Tax Counsel said:
If the amount offered was acceptable to you, why is the issue of the NDA causing you to reject it? Bear in mind that the vast majority of lawsuit settlements have NDA provisions in them; it's a pretty standard thing. Are you that hell bent on wanting to shout to everyone the details of the lawsuit settlement? What good would that do you?
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Well the first reason is I don't want an NDA hanging over my head for the rest of my life. The second reason is, nobody is going to hire someone with a big story that says I was illegally terminated, but oh I can't say how much the settlement was for.
 

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