NY - Ghislaine Maxwell, Jeffrey Epstein confidante, arrested on Sex Abuse charges, July 2020 #2

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  • #661
@ellievhall
·
1m

Per the notice of appearance, Brettler plans to contest whether or not the US District Court for the Southern District of New York has jurisdiction in this matter and whether or not Prince Andrew was properly served with the lawsuit.
 
  • #662
@KlasfeldReports
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1m

We're about to begin. Judge Kaplan reminds listeners of the prohibition against rebroadcasting audio of the proceedings.
 
  • #663
@ellievhall
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3m

On Friday, Giuffre’s lawyers filed an affidavit stating that the Duke had been served on Aug. 27, alongside hundreds of pages of documents detailing their extensive attempts to serve him and his attorneys.
 
  • #664
@KlasfeldReports
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1m

Boies: "We've proceeded to serve Prince Andrew in several ways pursuant to Article 10 of the Hague Convention." This is what the prince is disputing, per a letter from his lawyers.

E_MNl_-XoAUVrns
 
  • #665
@ellievhall
·
36s

The hearing has been momentarily paused as Giuffre's lawyer's office is having a fire drill.
 
  • #666
@ellievhall
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39s

Hearing's over: next court date will be IN PERSON in New York on Oct. 13th. Here's what went down.
 
  • #667
  • #668
Giuffre’s attorney David Boies insisted that service was proper.

“We’ve proceeded to serve Prince Andrew in several ways pursuant to Article 10 of the Hague Convention,” Boies said.

That is the treaty under which Prince Andrew disputes service, but Judge Kaplan skewered the prince’s lawyer for making matters “more complicated” than they need to be.

“I’m sure you know that the Hague Convention is optional,” Kaplan told Brettler, adding that he can order service effected upon a foreign national under Federal Rule 4(f)(3) of the United States code.

That rule offers wide latitude for service a foreign person “by other means not prohibited by international agreement, as the court orders.”

Judge Kaplan indicated that he would likely grant that order—and is “unlikely” to change his mind on that front.

Federal Judge Skewers Lawyer for Prince Andrew for Making Service 'More Complicated' Than It Is
 
  • #669
@ellievhall
·
2m

The key issue in today's hearing was whether or not Prince Andrew has been properly served with the lawsuit or not. Giuffre's lawyers say he has. The Duke's lawyers say he hasn't.

@ellievhall
· 10m
Hearing's over: next court date will be IN PERSON in New York on Oct. 13th. Here's what went down.​
@ellievhall
·
1m

Seeing some confusion re this tweet: To clarify, Prince Andrew doesn't have to appear in person, but his Los Angeles-based lawyer does. Today's hearing was a teleconference, the next one will be in an actual federal courtroom
 
  • #670
Key quote: “Let’s cut out all the technicalities and get to the substance.”


Ha ha ha
The judge is the right man in the right place! I like it :)
 
  • #671
Last edited:
  • #672
At the hearing tonight, David Boies, for Ms Roberts, told the court the team served papers "in several ways", including delivering it directly to Andrew's last-known address.

He added: "We would ask the court to grant an alternative means of service in the interests of moving the lawsuit along."

Mr Brettler replied: "We do contest the validity of service" - adding that the High Court in the UK will have to determine if the Duke has been properly served.

And he blasted the claim against Andrew as "baseless, non-viable and potentially unlawful".

The judge told Mr Boies he has a week to find an alternative means of serving the papers.

However, he also warned Mr Brettler that the case against the royal "will be litigated" in the US - regardless of a High Court intervention.

Prince Andrew's lawyer fights to have Virginia Roberts rape case thrown out
 
  • #673
It would help the case in the British public's eyes if the US would allow the extradition of the US woman who drove on the wrong side of the road and hit and killed a young motorcyclist and then left the UK the next morning after being told to be available for questioning.
 
  • #674
Legally Bland said:
At the hearing tonight, David Boies, for Ms Roberts, told the court the team served papers "in several ways", including delivering it directly to Andrew's last-known address.

He added: "We would ask the court to grant an alternative means of service in the interests of moving the lawsuit along."

Mr Brettler replied: "We do contest the validity of service" - adding that the High Court in the UK will have to determine if the Duke has been properly served.

And he blasted the claim against Andrew as "baseless, non-viable and potentially unlawful".

The judge told Mr Boies he has a week to find an alternative means of serving the papers.

However, he also warned Mr Brettler that the case against the royal "will be litigated" in the US - regardless of a High Court intervention.

Prince Andrew's lawyer fights to have Virginia Roberts rape case thrown out
Click to expand...
Alternative means of serving the papers???
I heard that pigeon post is quite effective :)
 
  • #675
@ellievhall
·
26m

The Duke's lawyer Andrew Brettler argued that his client hadn't been properly served because Giuffre's lawyers were the one to serve him with the lawsuit aka it didn't go through diplomatic or judicial channels as outlined by the Hague Convention: https://hcch.net/en/instruments/conventions/full-text/?cid=17

@ellievhall
·
20m

Giuffre's lawyer David Boies countered that they did in fact follow the Hague Convention when they served Prince Andrew with the lawsuit, specifically Article 10: https://courts.ca.gov/partners/documents/ea_HagueService.pdf

E_McZWaWUAYzwsy


@ellievhall
·
9m

HOWEVER, Judge Kaplan said that the Hague Convention is "optional" in this case because of US federal law concerning serving individuals in a foreign country. Specifically Rule 4(f)(3) of the Federal Rules of Civil Procedure: https://law.cornell.edu/rules/frcp/rule_4…
https://twitter.com/ellievhall/status/1437527114790621185/photo/1

E_MfP24WQAEnFOI
 
  • #676
@ellievhall
·
1m

Where we're at now: Judge Kaplan indicated that it was his belief that service had been affected, but Boies has one week to find an alternative means of service to exhaust all avenues. (This would include him asking the court to make a formal request of the UK government.)
 
  • #677
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  • #679
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  • #680
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