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simple will and power of attorney
Jun. 16th, 2013 04:54 pm![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
phpanda.livejournal.comCan any one recommend someone to draw up simple wills and power of attorney for a couple. I got a quote of $1000 which seems like a lot. Thanks!
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ron_newmanMy awesome lawyer Dan Booth has just informed me that Jonathan Monsarrat's lawyer has filed a Notice of Voluntary Dismissal With Prejudice. This means that the case is OVER, against all defendants, named and unnamed, Doe and Buck alike. "With Prejudice" means that it can never be filed again, against any of us, for any statement in any of the exhibits that were attached to the complaint.
Johnny Monsarrat and his lawyer tried several times to reach a settlement agreement with Dan and me, but for various reasons we ended up rejecting each proposal. In the end, he has simply given up, without any mutual agreement, public or private.
( Official text of the notice )
ETA: If Johnny had not voluntarily dismissed the lawsuit today, Dan Booth was ready to file this motion to dismiss and this supporting memorandum on Monday. (The supporting memo is the more interesting document.) It would be a shame for Dan to go to all that trouble and not be able to share his work, so I'm linking it here with his permission, for your legal edification.
ron_newmanBesides me, the other named defendant in Jonathan Monsarrat's defamation lawsuit is Deb Filcman, a former editor of the Somerville Journal (also known online as Wicked Local Somerville).
I'm pleased to report that the Journal's parent newspaper chain, GateHouse Media, is standing behind Deb. Her lawyer (or at least, one of them) is Zachary C. Kleinsasser of the law firm Greenberg Traurig.
Mr. Kleinsasser just sent this letter to Monsarrat's lawyer Mark Ishman, demanding that Ishman dismiss the lawsuit against Deb by 5 pm on Thursday, May 30. If Ishman does not agree, Kleinsasser intends to seek sanctions against Ishman for filing a "transparently frivolous action".
Kleinsasser's letter also accuses Ishman of negotiating "in bad faith". He says that Ishman originally agreed to dismiss the complaint against Filcman if GateHouse provided evidence that Filcman had been a GateHouse employee during February and March 2010.
After GateHouse produced the requested records, Ishman then allgedly reneged on the agreement, demanding that GateHouse remove Filcman's two blog posts: Will I be arrested? Guess the wheel didn’t answer that one (February 4, 2010) and Not a question best answered by the wheel (March 8, 2010). Ishman is also demanding that GateHouse change the headline of another published article not written by Filcman: Somerville Police bust Question Wheel creator's underage drinking party (February 4, 2010). Kleinsasser says that GateHouse cannot agree to any of these demands.
I'm pleased to report that the Journal's parent newspaper chain, GateHouse Media, is standing behind Deb. Her lawyer (or at least, one of them) is Zachary C. Kleinsasser of the law firm Greenberg Traurig.
Mr. Kleinsasser just sent this letter to Monsarrat's lawyer Mark Ishman, demanding that Ishman dismiss the lawsuit against Deb by 5 pm on Thursday, May 30. If Ishman does not agree, Kleinsasser intends to seek sanctions against Ishman for filing a "transparently frivolous action".
Kleinsasser's letter also accuses Ishman of negotiating "in bad faith". He says that Ishman originally agreed to dismiss the complaint against Filcman if GateHouse provided evidence that Filcman had been a GateHouse employee during February and March 2010.
After GateHouse produced the requested records, Ishman then allgedly reneged on the agreement, demanding that GateHouse remove Filcman's two blog posts: Will I be arrested? Guess the wheel didn’t answer that one (February 4, 2010) and Not a question best answered by the wheel (March 8, 2010). Ishman is also demanding that GateHouse change the headline of another published article not written by Filcman: Somerville Police bust Question Wheel creator's underage drinking party (February 4, 2010). Kleinsasser says that GateHouse cannot agree to any of these demands.
chenoameg.livejournal.comIf you ever get a summmons for Jury Duty in Framingham district court, try to get switched to another court. Or if that doesn't work tell the judge that driving to in time for court will be difficult for a multiday trial. The drive approaches 75 minutes each way, and the timing of the commuter rail doesn't really work out.
The judges and court officers are all super nice, though!
(I have spent entirely too much time in the last week driving to and from Framingham. All done now.)
The judges and court officers are all super nice, though!
(I have spent entirely too much time in the last week driving to and from Framingham. All done now.)
ron_newmanMy lawyer, Dan Booth of Booth Sweet LLP in Cambridge, sent this 18-page letter to Jonathan Monsarrat's lawyers this afternoon. The letter details all the reasons that he considers the lawsuit against me to be groundless, and demands that Monsarrat's lawyers dismiss the case with prejudice by the end of business on Thursday.
If they don't voluntarily drop the case (which they probably won't), Dan Booth will file a motion for dismissal on Monday, using mostly the same arguments that are in this letter. He may also move for sanctions against Monsarrat's lawyers "for bringing bad faith claims."
He gave me full permission to put this letter online and to distribute it in whatever way I see fit. Feel free to point other people at it or to distribute it further.
If they don't voluntarily drop the case (which they probably won't), Dan Booth will file a motion for dismissal on Monday, using mostly the same arguments that are in this letter. He may also move for sanctions against Monsarrat's lawyers "for bringing bad faith claims."
He gave me full permission to put this letter online and to distribute it in whatever way I see fit. Feel free to point other people at it or to distribute it further.
makoshark.livejournal.comApartments in my apartment building do not have street-accesible doorbells or any other way of notifying the people in the house from outside. We had them once in the past but are no longer usable and the landlord will not fix them.
This is very annoying. I want to know if there is a law in Somerville, Massachusetts, or any national building code which would require the landlord/property manager to provide us with doorbells or equivalent.
This is very annoying. I want to know if there is a law in Somerville, Massachusetts, or any national building code which would require the landlord/property manager to provide us with doorbells or equivalent.
supersojo.livejournal.comI just heard about this interesting research at the Berkman Center for Internet and Society, and thought others might be interested, too:
http://cyber.law.harvard.edu/research/chillingeffects#
Berkman fellow Wendy Seltzer leads the Chilling Effects Clearinghouse "Chilling Effects" refers to the deterrent effect of legal threats or posturing, largely cease and desist letters independent of litigation, on lawful conduct. The Chilling Effects clearinghouse will catalogue cease and desist notices and present analyses of their claims to help recipients resist the chilling of legitimate activities (as well as understand when their activities are unlawful). The project's core, this database of letters and FAQ-style analyses is supplemented by legal backgrounders, news items, and pointers to statutes and caselaw. Periodic "weather reports" will sum up the legal climate for online activity.
The project invites recipients and senders of cease and desist notices to send them to a central point for analysis, and to browse the website for background information and explanation of the laws they are charged with violating or enforcing. Clinical law students will prepare issue-spotting analyses of the letters in the question-and-answer style of FAQs, which we will post alongside the letters in an online database. The site aims to educate C&D recipients about their legal rights. Site visitors may search the database by subject area or keyword.
"The Chilling Effects Clearinghouse collects and analyzes legal complaints about online activity, helping Internet users to know their rights and understand the law. Chilling Effects welcomes submission of letters from individuals and from Internet service providers and hosts. These submissions enable us to study the prevalence of legal threats and allow Internet users to see the source of content removals.
Chilling Effects aims to support lawful online activity against the chill of unwarranted legal threats. We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate favorite stars, or criticize businesses, but concerned that not everyone feels the same way. Study to date suggests that cease and desist letters often silence Internet users,
whether or not their claims have legal merit. The Chilling Effects project seeks to document that "chill" and inform C&D recipients of their legal rights in response."
http://cyber.law.harvard.edu/research/chillingeffects#
ds-crier.livejournal.comLet the record of this forum show that Jonathan "Johnny" Monsarrat is hereby declared a rotten scoundrel. He is entirely lacking in all scruples and abilities to function within society. Such is his infamy that now bestowed upon him is the title of "village idiot" of not one, but two cities: both Cambridge and Somerville. His rancid reputation is such that even the insects in his apartment have fled to avoid his association.
Mr. Monsarrat is, as a former CEO, a lecturer, a public artist, and so forth, clearly a public figure. As his lawsuit is clearly of a public nature, and his antics are clearly of public interest, reporting on his infamy - both objective reporting and opinion editorials - are protected under the first amendment.
As such, as soon as this lawsuit is thrown out (and it will be thrown out with prejudice), an online archive will be created to document the facts about Mr. Monsarrat. This will include details of his arrest, this will include his lawsuits, and this will include the LiveJournal threads regarding him - which I have saved in full before any posts were deleted.
In addition, in any case where Mr. Monsarrat attempts to interface with the general public - be it art projects, be it lectures, be it on city properties, be it on university properties - it will be ensured that the entity involved is made fully aware of Mr. Monsarrat's repugnant past and his history of attacking respected members of the community with pathetic abuses of the judicial system.
Johnny Monsarrat - withdraw your ridiculous lawsuit or let your infamy grow further. Your scandalous attempt to turn the seventh amendment against the first will be entirely countered with a show of force of the first. If your lawsuit goes before a judge, it will be thrown out, and your threats will no longer intimidate anyone. Then you will see the community truly speak its mind.
Mr. Monsarrat is, as a former CEO, a lecturer, a public artist, and so forth, clearly a public figure. As his lawsuit is clearly of a public nature, and his antics are clearly of public interest, reporting on his infamy - both objective reporting and opinion editorials - are protected under the first amendment.
As such, as soon as this lawsuit is thrown out (and it will be thrown out with prejudice), an online archive will be created to document the facts about Mr. Monsarrat. This will include details of his arrest, this will include his lawsuits, and this will include the LiveJournal threads regarding him - which I have saved in full before any posts were deleted.
In addition, in any case where Mr. Monsarrat attempts to interface with the general public - be it art projects, be it lectures, be it on city properties, be it on university properties - it will be ensured that the entity involved is made fully aware of Mr. Monsarrat's repugnant past and his history of attacking respected members of the community with pathetic abuses of the judicial system.
Johnny Monsarrat - withdraw your ridiculous lawsuit or let your infamy grow further. Your scandalous attempt to turn the seventh amendment against the first will be entirely countered with a show of force of the first. If your lawsuit goes before a judge, it will be thrown out, and your threats will no longer intimidate anyone. Then you will see the community truly speak its mind.
ron_newman[continuing the discussion that started here: Help! I am being sued for my participation in davis_square ]
I have placed on Dropbox a scan of the Amended Complaint that I was served with yesterday afternoon.
Here's a list of username handles mentioned in the lawsuit: ( List is behind cut ). Most are from LJ, but a few are from the Wicked Local/Somerville Journal blog, and one is from journalfen.com .
Someone also found the original complaint in a court database. (I was never served with this one.)
The amended complaint has hundreds of pages of attached exhibits, which I did NOT scan in. They are copies of posts and comments to![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-community.gif)
davis_square, davis_snark, sf_drama, discussions at journalfen.com, blog posts and comments at Wicked Local Somerville (Somerville Journal), Encyclopedia Dramatica article, etc.
I have placed on Dropbox a scan of the Amended Complaint that I was served with yesterday afternoon.
Here's a list of username handles mentioned in the lawsuit: ( List is behind cut ). Most are from LJ, but a few are from the Wicked Local/Somerville Journal blog, and one is from journalfen.com .
Someone also found the original complaint in a court database. (I was never served with this one.)
The amended complaint has hundreds of pages of attached exhibits, which I did NOT scan in. They are copies of posts and comments to
davis_square, davis_snark, sf_drama, discussions at journalfen.com, blog posts and comments at Wicked Local Somerville (Somerville Journal), Encyclopedia Dramatica article, etc.ron_newmanTwenty-five minutes ago, a constable delivered to me an unexpected package. It is a lawsuit by Jonathan Graves Monsarrat, alleging that he was libeled by me, Deb Filcman, and "John and Jane Does 1-100, presently unknown individuals". He is seeking $500,000 in compensatory damages, $5 million in punitive damages, and deletion of various LJ posts and comments.
I am called (incorrectly) "the moderator" of this forum.
Many participants here are named by LJ handle. "Plaintiff intends to identify the Doe Defendants through means of discovery and will amend this lawsuit to identify the Doe Defendants by proper legal names upon obtaining such information"
If I don't reply within 20 days, a default judgment will be entered against me.
All possible advice and help would be greatly appreciated right now.
In particular, if anyone here is or knows an appropriate attorney who'd be willing to help out at least a bit pro bono, let me know.
ETA 5/1/13: please see this followup post for PDF scans of the amended complaint I was served with, as well as the original complaint that I never received. Please continue the discussion there after reading the complaints.
I am called (incorrectly) "the moderator" of this forum.
Many participants here are named by LJ handle. "Plaintiff intends to identify the Doe Defendants through means of discovery and will amend this lawsuit to identify the Doe Defendants by proper legal names upon obtaining such information"
If I don't reply within 20 days, a default judgment will be entered against me.
All possible advice and help would be greatly appreciated right now.
In particular, if anyone here is or knows an appropriate attorney who'd be willing to help out at least a bit pro bono, let me know.
ETA 5/1/13: please see this followup post for PDF scans of the amended complaint I was served with, as well as the original complaint that I never received. Please continue the discussion there after reading the complaints.
Somerville Traffic Court
Apr. 2nd, 2013 10:09 amaxedmoon.livejournal.comHas anyone ever had experience with contesting a ticket? Any advice?
apartment windows problem
Mar. 16th, 2013 01:20 pmadrian-turtle.livejournal.comI am somewhat less thrilled with my new apartment on Winter Hill than I thought I would be. The biggest problem is that the windows don't close properly. I didn't really notice at first. (My new lease started a month before my old one ran out, so I was moving boxes and stuff before I actually moved my bed and started trying to live here. And then we had that nice warm weather.) I still feel like an idiot for not looking up under the blinds to see that closing the bottom part of the window opens up a big gap at the top. I shudder to think what our gas bill is going to be, and some of the rooms are horribly cold now that winter is back.
When I called the landlord, he said, "Oh, you mean the window in the kitchen and the one in the living room? Yes, the contractor told me about those. I was going to send him over to look at them in a few weeks." (It's not just those 2 windows. It's most of the windows in the apartment.)
Is there anything we can do to get the landlord to pay us back for the gas bill? Or part of the rent? Or our inconvenience while he fixes it properly? (We had a friend come in who knows something about these things, and he thinks it's not a matter of new latches and better weatherstripping, but tearing out the frames and installing them properly. For 16 windows.) It just seems like he did not fulfill his part of the bargain we made when we signed the lease in February, when the windows were still being installed. I realize this is a complicated problem and you nice people are not (generally) qualified to give professional advice.
Is there some organization in Somerville that I can turn to? I went to the Health Division (I think that's what it's called. I was at the Dept of Fire Prevention about another problem, and they pointed me across the hall.) They seem like they could be very helpful for pushing the landlord to correct the problem in April. But the person I talked to said that office doesn't deal with past behavior or financial responsibility, just with getting the problem corrected. Is there another office that does that sort of thing?
When I called the landlord, he said, "Oh, you mean the window in the kitchen and the one in the living room? Yes, the contractor told me about those. I was going to send him over to look at them in a few weeks." (It's not just those 2 windows. It's most of the windows in the apartment.)
Is there anything we can do to get the landlord to pay us back for the gas bill? Or part of the rent? Or our inconvenience while he fixes it properly? (We had a friend come in who knows something about these things, and he thinks it's not a matter of new latches and better weatherstripping, but tearing out the frames and installing them properly. For 16 windows.) It just seems like he did not fulfill his part of the bargain we made when we signed the lease in February, when the windows were still being installed. I realize this is a complicated problem and you nice people are not (generally) qualified to give professional advice.
Is there some organization in Somerville that I can turn to? I went to the Health Division (I think that's what it's called. I was at the Dept of Fire Prevention about another problem, and they pointed me across the hall.) They seem like they could be very helpful for pushing the landlord to correct the problem in April. But the person I talked to said that office doesn't deal with past behavior or financial responsibility, just with getting the problem corrected. Is there another office that does that sort of thing?
inkarn8.livejournal.comDoes anyone know whether the tenant or Landlord would be responsible for cleaning up the smell of an apartment after a skunk has sprayed near or under a house? They skunk has already been evicted and barred from getting under the porch or house. It may still get into the yard. Some of the tenants are saying the house is "uninhabitable" per section 10 of the standard lease form and as such the landlord is totally responsible for cleaning, loss of wages, rent for that period etc. and more...
sparr0.livejournal.comI was in a wreck recently. My insurance says it was his fault and his insurance says it was my fault, so we're going to end up in court. With no injury claim to milk, the total property damage is low enough (maybe $2-3k) that none of the attorneys that I've talked to are interested in the case. Can anyone recommend a lawyer who might be interested in it? Alternately, does anyone have advice on approaching the small claims process here armed only with the name, DL#, and insurance information for the other party? Should I be naming the insurance company as a defendant? Are there any other good sources of information on this subject before I dive in?
New to MA, dealing with car/license stuff
Oct. 9th, 2012 12:04 pmsparr0.livejournal.comI'm new(ish) to MA and Somerville and looking to get all my automotive ducks in a row. I brought a truck with me, which has a clean GA title and expired plates from GA, and have bought a car here, which has a signed-over MA title and no plates. The truck and I have GA-issued insurance. I have a GA driver's license. Neither vehicle has a MA inspection sticker, and I expect them both to fail at least once in some quickly rectifiable manner. Neither has a Somerville parking permit.
I live in Somerville, but have not gotten any mail yet and won't be getting any utilities in my name.
Can someone give me some pointers on what order I should address this all in, and what things I need to gather or do beforehand? I'm ready to spend a day or two standing in lines and such, but I suspect that having a plan ahead of time will save me a lot of wasted effort.
I live in Somerville, but have not gotten any mail yet and won't be getting any utilities in my name.
Can someone give me some pointers on what order I should address this all in, and what things I need to gather or do beforehand? I'm ready to spend a day or two standing in lines and such, but I suspect that having a plan ahead of time will save me a lot of wasted effort.
meatballs12.livejournal.comA friend visited us last week and got a $50 parking ticket for not displaying updated registration stickers on his car. After waiting on hold and finally talking to a person, it turns out that the DMV was accidentally mailing registrations without including the stickers. So even though he is up to date on registration, he got the ticket because of their mistake.
Not to worry though! He can appeal it by going to court. Good thing he doesn't have other things to do with his time.
Not to worry though! He can appeal it by going to court. Good thing he doesn't have other things to do with his time.
Info on Hawk Cleaners Fire Losses
Aug. 29th, 2012 10:09 pmjosephineave.livejournal.comThis was posted on the West Somerville Neighborhood Association email list. Thought it might be useful to some of you:
I'm sure some people on this list lost clothes in the fire at the Hawk Cleaners
last October. Hawk Cleaners is refusing to pay claims for articles lost in the
fire or communicate with former customers, despite stating initially that they
had insurance for this. While I feel for them since their business was
destroyed, I'm upset that they are refusing to communicate or honestly discuss
their ability to pay claims.
If you are trying to get a claim paid, you need to file a request for mediation
via the MA AG's office. Its pretty easy to do via their website. Several people,
self included, have already done so. The AG's office will then refer your claim
to the MA Consumer's Counsel office in Cambridge. They can be reached @
617-349-6150. It is important to file a claim if you intend to get any money
back b/c if mediation by the Consumer's Counsel fails, they will provide some
guidance regarding how to file a suit in small claims court.
Thought I'd pass this along to anyone else trying to get reimbursed for clothes
lost in the fire.
I'm sure some people on this list lost clothes in the fire at the Hawk Cleaners
last October. Hawk Cleaners is refusing to pay claims for articles lost in the
fire or communicate with former customers, despite stating initially that they
had insurance for this. While I feel for them since their business was
destroyed, I'm upset that they are refusing to communicate or honestly discuss
their ability to pay claims.
If you are trying to get a claim paid, you need to file a request for mediation
via the MA AG's office. Its pretty easy to do via their website. Several people,
self included, have already done so. The AG's office will then refer your claim
to the MA Consumer's Counsel office in Cambridge. They can be reached @
617-349-6150. It is important to file a claim if you intend to get any money
back b/c if mediation by the Consumer's Counsel fails, they will provide some
guidance regarding how to file a suit in small claims court.
Thought I'd pass this along to anyone else trying to get reimbursed for clothes
lost in the fire.
Small business lawyers?
Jun. 25th, 2012 06:44 pmteko.livejournal.comI'm a self-employed graphic designer and have been extraordinarily lucky thus far to have not needed a lawyer for any client disputes. But before I actually need one, I figure I should find one before something dire should happen. Can anyone recommend an attorney who works with small businesses?
Posters Stapled to Trees UPDATE
May. 17th, 2012 03:38 pmqualitygig.livejournal.comI love suspense, and you've all waited patiently, albeit with bated breath, for an update . . .
This all started a few days back. I was walking home from something I can't remember what in Davis Square when I suddenly noticed that there were posters stapled to nearly every tree (and pole) in my immediate neighborhood. Literally, virtually every tree had a poster stapled to it, if not two! It was insane.
They were all for a start-up (using that term very loosely as I work in the start-up arena and would never consider doing something so stupid as this) call Scoop 'N' Scoot Ice Cream that offers a speedy ice cream delivery service, apparently to any or all posters in the area. Well, as they offered an 'Order by Text/Call' service, I immediately sent them a text of what I thought of their redecoration of my beautiful neighborhood . . . and this is what transpired.
( Read more... )
This all started a few days back. I was walking home from something I can't remember what in Davis Square when I suddenly noticed that there were posters stapled to nearly every tree (and pole) in my immediate neighborhood. Literally, virtually every tree had a poster stapled to it, if not two! It was insane.
They were all for a start-up (using that term very loosely as I work in the start-up arena and would never consider doing something so stupid as this) call Scoop 'N' Scoot Ice Cream that offers a speedy ice cream delivery service, apparently to any or all posters in the area. Well, as they offered an 'Order by Text/Call' service, I immediately sent them a text of what I thought of their redecoration of my beautiful neighborhood . . . and this is what transpired.
( Read more... )
Lack of People with clipboards?
May. 15th, 2012 06:14 pmlbmango.livejournal.comNote: I'm not complaining.
However, I haven't seen anything here about new rules regarding people with clipboards in Davis. Have rules changed? Is that why there are no longer people accosting me trying to get me to save the whales, or poor people in Uganda, or Alabama, or vote for someone when I just want to get some coffee?
However, I haven't seen anything here about new rules regarding people with clipboards in Davis. Have rules changed? Is that why there are no longer people accosting me trying to get me to save the whales, or poor people in Uganda, or Alabama, or vote for someone when I just want to get some coffee?
