Wednesday, September 03, 2014
cRaZy Court with Mezzacappa
I filed motions to dismiss her complaint on various grounds, along with preliminary objections and supporting briefs. My matter was among about 100 cases that would be argued before judges. Mezzacappa was there for two disputes, her case against me and another against The Express Times.
And a Deputy Sheriff was there for her. During a break in proceedings, he approached her about the writ of execution I've filed against her. He's tried repeatedly to levy on her property, but she won't answer the door. She's also hidden her car. Yesterday, he tried to make an appointment. From what I'm told, she first claimed she's too busy. Then she said that she would allow Lehigh County Deputies to serve the writ, but not Northampton County Sheriffs. She claims they are biased because they won't issue her a license to carry, thank God.
The case was assigned to President Judge Stephen Baratta. As I made my way down the hall to his courtroom, she was walking the other way, but of course made a gratuitous threatening remark. As her eyes spun in her head like flying saucers, she said, "You fat fuck, if you come near my house again, I'll shoot you."
When she returned and Judge Baratta was ready for us, I learned that she failed to file a brief, even though she had since June 3 to do so. She claimed she had just filed an Amended Complaint, but did not seek leave of court or my agreement, and Judge Baratta told her that her pleading is a nullity. He gave her until Friday to file a brief. She wanted longer.
Before leaving, she asked Judge Baratta to issue a Court Order that would ban me from mentioning her name. He told her he couldn't think of any judge who would issue such an order.
I understand she also failed to file a brief in her case against The Express Times. Judge Craig Dally has that case, and I believe he gave her some time to file one as well.
We have depositions scheduled for Mezzacappa next week. If she fails to appear or cooperate in allowing her assets to be levied, we will ask for a Court Order. The next step after that is contempt.
This is not going away.
Incidentally, I believe this is the first case in which the Decency Communications Act, Section 230, is being tested in Northampton County. That's a federal law that gives bloggers and even news sites like The Express Times immunity for the crap that readers sometimes post. While I can be held responsible for what I say, I what my readers post is their problem, not mine. Judge Baratta wondered whether this would be more appropriate in a motion for summary judgment, but I referred to a federal case pointing out that the whole point of Section 230 is to avoid protracted and costly litigation.