Over (Premature Expectation)

As mentioned before, Philip R. Klein frequently suffers premature expectations. From his latest posting on the Southeast Texas Political Review (the emphasis is mine):

The Southeast Texas Political Review has learned this afternoon that the 9th Court of Appeals has dismissed any and all appeals by the operators of two web sites.  The decision issued by Justice Charles Kreger now clears the way for Google, Inc., to release the names and corporate details of the users of computers that have created and operated three web sites being Sam The Eagle (and its surrogate) as well as Operation Kleinwatch.

In a conference call late this afternoon - the Review has learned that Google shall  comply with the original Rule 11 agreement between the parties. In such, the information shall be turned over to the Review's attorney - for a filing of a federal lawsuit in the Eastern District of Texas next week.

The ruling is considered ground breaking regarding those that post anonymous web sites with the intent to harass, intimidate and tortuously interfere with daily business practices of those that might have a differing opinion. The Review, its owners, its stockholders and its employees have been defamed and subject to gross innuendo that has been at best a true interference of business and personal relationships. The Review has all intentions and will continue to pursue all legal rights - as well as compensation for loss of business and damages for their owners and employees - as well as corporate interests.

Klein didn't mention this filing in the Texas Supreme Court.   Last Friday, he claimed he would be in the Supreme Court today, according to this entry in his Nitwit Tidbits from last Friday:

Lawsuit - We are going to the Supreme on Thursday. All lower courts have upheld the Review.

At the time, Philip failed to mention Google's motion to quash, which the Honorable Judge Floyd granted last Friday.  However, Klein posted this purported update on his "Lawsuit Page" Tuesday (emphasis is again mine):

On May 26, 2010, the Klein attorney's file legal documents with the court after Google attorney's file a motion to dismiss the objections to the subpoenas offering them to the plantiffs. The judge accepts the motion - and asks that all proper documents and answers be filed to the appeals court. Klein's attorney's agree - and notice a demand post dismissal of the objections to turn over the documents that are now in camera. The move by Google's attorney is a surprise to all parties.

Perhaps Google's motion was a surprise to Philip, but he posted a copy of the motion on his site about two months ago.  PRK indulges his own ego with the illusion that this Rule 202 petition is anything more than a SLAPP (or nuisance) suit intended to silence critics.

Here's what's really happening and what yesterday's opinion from the Ninth Court of Appeals (9thCOA) means.

We originally filed an appeal of Judge Floyd's decision to sign a subpoena from Klein based on his Rule 202 petition, who planned to serve the subpoena to Google in their Dallas offices.  After we were unable to obtain a Findings of Fact and Conclusions of Law on why our original motion to quash was denied, we changed our appeal to a Writ of Mandamus. Once this Mandamus was filed with the 9thCOA, we withdrew our original appeal and asked that this record be appended to the Writ. The memo opinion simply granted this motion.

All of this can be easily verified by simply reading the first line of the memo opinion posted in Klein's article.

The Appellants, Sam the Eagle Weblog and Operation Kleinwatch Weblog, filed a motion to dismiss this appeal and to transfer the record of this appeal to the file of the companion mandamus proceeding.

Apparently, Philip doesn't understand what a memo opinion is. Even funnier, Klein apparently doesn't know what his own attorney is doing!

John Morgan, Esq., has already drafted a Response for the Texas Supreme Court regarding our Motion for an Emergency Stay on all proceedings in Judge Floyd's court while his original decision is considered by the Texas Supreme Court. This is a separate motion from our original Writ, for which the Supreme Court required a response by today. Philip faxed this into our attorney approximately two hours before the deadline, but hasn't posted this response.

In the meantime, Google isn't releasing anything until all legal issues are settled. This is the sum of their Rule 11 Agreement with PRK.  

I have another personal observation. Klein wrote:

Serve this as a reminder that you cannot use a veil of secrecy to harass, intimidate and spread false rumors without being held accountable.

Philip now claims that he's intimidated by my little blog. If so, maybe he should first check his own facts before publishing false rumors.

Ironically, Philip hasn't posted our Writ of Mandamus.  I will, but not today. Instead, I'll revisit Philip's statement next Friday:

In such, the information shall be turned over to the Review's attorney - for a filing of a federal lawsuit in the Eastern District of Texas next week.

Next week's perspective will provide more insight into who's account is accurate.