Background
This is a follow-up to an article I wrote last February. After allegations surfaced in court documents that birther attorney Larry Klayman had “inappropriately touched” his children, Klayman sued media outlets who covered the story, including The Phoenix New Times, for defamation. One headline read: “Bradlee Dean’s attorney, Larry Klayman, Allegedly Sexually Abused His Own Children.” The Phoenix New Times said: “Birther Lawyer Fighting Joe Arpaio Recall Was Found to Have ‘Inappropriately Touched’ Kids.”
The lawsuit
The lawsuit, Klayman v. City Pages et al, was filed in March. Klayman makes an aggressive ad hominem argument against the defendants in his complaint, basically saying that the defendants are pursuing a “radical homosexual agenda” that is harmful to children. In addition to the inappropriate touching issue, Klayman also says that the stories misrepresented a disciplinary action against him.
Losing the initiative
A number of items appear on the docket including an amended complaint and motions to dismiss. Yesterday US District Judge Anne C. Conway ordered Klayman to show cause why the case should not be dismissed for lack of prosecution—Klayman didn’t file the required Case Management Report within the deadline. A motion to dismiss for failure to state a claim is also pending.
According to the case docket, this is the second Order to Show Cause the judge has issued to Klayman in this case. Right out of the gate, he missed a deadline to submit some stuff under the same local rule the judge cites in her current OSC. I don’t think this is a sign Klayman is losing his initiative. I think it’s a sign that he thinks he’s above the law and doesn’t have to comply with rules like little people do.
He may have never intended to go forward with the lawsuit, just like Trump sued Bill Maher and then dropped it. Klayman got a little publicity for filing the lawsuit, with stories such as this one in World Nut Daily:
http://www.wnd.com/2013/03/lawyer-who-sued-clinton-cheney-takes-on-media/
I wonder if WND will update the story when the lawsuit is dismissed?
I wonder if WND will update the story when the lawsuit is dismissed?
Let me answer this question with a question – does the Sun rise in the West?
You are probably right about this…
He may think that. The reason for all his failures in his lawsuits is imho the fact that he is a one man band. His office is a WU mail box. No law clerk, no secretary, Even Dr. Taitz Esq. is better organized than KKKlayman, the child molester.
Did they ever trumpet the failure of their Esquire Magazine lawsuit? Case closed. 🙂
No, just like with Orly, the reason is his delusion which leads to hybris which leads to incompetence which leads to failure.
If he had a thousand secretaries and paralegals to help him, he still wouldn’t win a case.
He’s the lawyer bully type who doesn’t really care about winning in court, only whether he can scare an opponent into caving/settling before the case ever goes to the merits.
Germany’s most famous “celebrity lawyer” was a similar type (though he left his children alone). Most of his cases that actually reached the verdict stage were lost.
But he knew how to complicate simple cases in such a way that either the defendant or the court (in criminal/misdemeanour cases) decided it wasn’t worth the hassle to see it through.
I want to correct my previous post about orders to show cause. Shortly after the case was filed, the judge issued an order directing Klayman to file some paperwork to comply with Local Rule 3.05. When Klayman did not respond, she ordered him to comply with her order, but she did not issue an OSC at that time. So, the OSC from 8/29 is not the second OSC issued in this case. It is the first one.
The case docket is here: http://ia601700.us.archive.org/14/items/gov.uscourts.flmd.282302/gov.uscourts.flmd.282302.docket.html