We wrestle while smiling.  Or not.  Through phone calls.  Email.  Across the deposition table.  Am on high alert.  Trial is supposed to start in one week.  He wants to stall it.   

Finish the deposition.  While waiting for the plane send this email.

From: Karen Koehler
Sent: Monday, January 30, 2012 2:46 PM

We are still waiting the filing of whatever motion Nick is bringing tomorrow. We have extended the courtesy of not requiring a motion to shorten time. We expect it to be filed immediately.

karen

Plane lands.  Look at email.  And see red.  Adrenaline boils within me.  Narrow eyes.  Jaw clenches.  Breathe.

From: Nick’s Paralegal
Sent: Monday, January 30, 2012 2:52 PM

Karen,

The motion and declaration were sent to ABC in Portland for filing earlier this afternoon.  Attached is Ms. D’s email to all counsel with copies of the motion and supporting declaration, sent at 2:35 p.m.  Please confirm receipt.

Paralegal

Here is what Nick’s sworn declaration says:

Last week, I asked the parties to take up trial readiness and the need for a continuance in a telephonic court hearing so we could advise the Court and determine, before spending more time and effort on trial preparation, whether the trial will proceed as scheduled on February 6. To date Plaintiff’s counsel has not agreed to a telephonic hearing.

From: Karen Koehler
Sent: Monday, January 30, 2012 3:05 PM

I RESENT the fact that your motion claims plaintiff has not agreed to tomorrow’s hearing.  I RESENT it in particular because I told Nick that I would not require a motion for order shortening time.  All I wanted was a written motion to the court sometime before tomorrow.   I RESENT that I extended professional courtesy, let you skip a step, agreed to tomorrow, and that you filed a declaration that impugns my character under the circumstances.  I expect this inaccuracy to be retracted.

karen

From: Nick

Sent: Monday, January 30, 2012 5:12 PM

Karen,

I just got back to Seattle, and am going through my emails, and came upon yours, below.    With all  respect, you are mistaken.   What I said in my declaration is  accurate:   you would not agree to a “telephonic hearing.”  So…see you tomorrow.

Nick

From: Karen Koehler

Sent: Monday, January 30, 2012 6:26 PM

Nick – you are better than this.  Your intent is to mislead the court.  I allowed you to call a hearing with no formal written notice with briefing by you less than one court day before.  I told you in the presence of all parties today that you were welcome to appear telephonically we would appear in person.    You have no need to cast me in a negative light to the court.  The fact that you are choosing to do so reflects poorly back on you.

Unless you apologize, do not ask me for another favor.

Karen

From: Nick
Sent: Monday, January 30, 2012 7:02 PM

Karen,

It appears we have had a miscommunication.  See you tomorrow.

Nick

Really.  A miscommunication.  No.  Don’t think so.

An hour before we have the hearing, the bailiff contacts us.  Our trial is being bumped by a rape trial.  Criminal trumps civil.  All of the rushing, working terrible hours, scheduling of experts from around the country.  All of it stops.

Our trial is moved to June.