Magistrate Judge Goodman quotes Robert Zimmerman

Judge Goodman has some fun in this entertaining (and long -- 63 pages) order on spoliation of evidence. The whole order is below. Here are two fun passages in which Judge Goodman cites to Wikipedia and Brainyquote:

Although it may seem obvious now, in 2011, that a party is required to implement a litigation hold to preserve e-discovery, the Court recognizes that, to paraphrase famous singer-songwriter Robert Zimmerman, “the times they were a-changin’” -- and in the world of e-discovery the times of 7 and 8 years ago were significantly different than now. [Footnote -- Robert Zimmerman is more-widely known as Bob Dylan. “The Times They Are a-Changin’” is a well-known song which Mr. Dylan released as the title track of his 1964 album of the same name. The song was ranked #59 on Rolling Stone’s 2004 list of “The 500 Greatest Songs of All Time.” http://en.wikipedia.org/wiki/The_Times_They_Are_a-Changin%27 (last visited Apr. 4, 2011) (citing http://www.rocklistmusic.co/uk/rstone.html#500Songs).]

***

Well known politician Thomas P. O’Neill Jr. (1912 – 1994), sometimes known as “Tip” O’Neill, famously said that “all politics is local.”* Judicial decisions are also local -- because federal district courts must follow their “local” circuit courts of appeals in the absence of a contrary U.S. Supreme Court decision. This maxim of jurisprudence arises here as an initial matter because some circuit and district courts in other “local” circuits apply differing rules for analyzing electronic discovery spoliation claims.

*http://www.brainyquote.com/quotes/quotes/t/thomaspo212119.html (last visited Mar. 18, 2011). Tip O’Neill was the “gregarious and irrepressibly liberal Bostonian who symbolized the Democratic Party through much of the 1980’s as Speaker of the House.” While a senior at Boston College, he ran for the Cambridge City Council, finishing ninth in a field of 60 candidates, of whom the top eight were elected. Mr. O’Neill had not campaigned in his own neighborhood, which he taken for granted and where he made a poor showing. He lost the critical eighth spot by 150 votes. In a post-mortem on the campaign, Mr. O’Neill’s father told him what he had learned in a lifetime of politics and what “Tip” would later use as his own political commentary: “All politics is local.” http://www.nytimes.com/learning/general/onthisday/bday (last visited Mar. 18, 2011).


Judge Goodman's Order on Motion to Determine Spoliation of Evidence and Appropriate Sanctions [4!5!11]


Apologies to SFL for intruding on his turf. But it seems like orders like these rarely come out in criminal cases in this District. Judges rarely write lengthy orders regarding sentencing, criminal evidentiary issues, motions to suppress, etc.

P.S. Thank you to a tipster for this order. I appreciate it.

UPDATE -- Perhaps Judge Goodman should attend this conference on Bob Dylan and the law. (HT: SFL twitter)

Please raise your hand if you'd like to speak

Sheesh, the Supreme Court Justices are getting annoying, no?

Here's Adam Liptak about how oral argument has turned into sniping among the Justices:

If you didn’t know it was a Supreme Court argument, you might think you were seeing a catastrophically overbooked cable television show.

The justices of late have been jostling for judicial airtime in a sort of verbal roller derby. Consider an argument last month about the right to counsel. About 15 minutes in, Justice Stephen G. Breyer tried to ask a question. The effort failed, and Justice Ruth Bader Ginsburg jumped in. A half-hour passed before Justice Breyer had another chance, and now his attempt was interrupted by Justice Antonin Scalia, who said Justice Breyer was asking irrelevant questions. Then Justice Scalia pressed a point that did not interest Justice Breyer. As the lawyer tried to answer Justice Scalia, Justice Breyer stopped him. “Skip that one,” Justice Breyer said of Justice Scalia’s question.

Earlier, as Justice Anthony M. Kennedy was trying to get a word in edgewise, Justice Scalia succeeded in handing off the ball to a frequent ally, Justice Samuel A. Alito Jr. “Maybe Justice Alito can ask his question,” Justice Scalia said as he finished making his own point.

Seth P. Waxman, a former United States solicitor general, was caught in the cross-fire. He was answering a question from Justice Sonia Sotomayor when Chief Justice John G. Roberts tried to interrupt. “Counsel,” the chief justice said. Mr. Waxman kept talking, which seemed to irritate the chief justice. “Counsel!” the chief justice repeated, now in a raised voice. (The exclamation point is in the official transcript.) Mr. Waxman was contrite. “Mr. Chief Justice, I’m sorry,” he said.

Legal Services to honor Kathy Williams and Jennifer Bailey

This is going to be a nice event that you should come to. May 5 at the WAREhOUSE at 6:30.

"I didn’t sense a hostility about being Cuban-American...

...but I sensed a distrust from the committee about being a young mother who wanted to be a judge.”

That was Judge Altonaga responding to a question from a student at her former school. The Herald has the nice story about her return to the school here:

The first Cuban-American woman ever appointed to a U.S. federal court bench said studying at Notre Dame Academy in Miami taught her the meaning of tolerance. It was the end of 1970s, one of the most tumultuous periods of racial discontent in Miami’s history. Her all-girls high school was one of the most racially integrated in the city. “I remember in my last year, coming back from a graduation night,” said Cecilia María Altonaga, who graduated in 1980.

“Our parents had to pick us up from the school, and the riots were going on at the same time. The school was closed. It was dangerous.” There were no final exams that year, due to the violence. But inside the school, a different story about race was unfolding. “This was a place that exhibited all these different racial/ethnic groups coexisting, working together, overcoming differences,” said Altonaga. “There is this perception that all Catholic girls schools are elitist or homogenous or they exclude people. This was quite the opposite, one of the most diverse groups of young women working together.”

She returned to her alma mater — which soon after she graduated merged with Archbishop Curley High School — on Saturday to talk about her career in the law to about two dozen current students. The forum followed a special Mass at the Archbiship Curley-Notre Dame High School, which each year honors an alum who now serves the community as an attorney or judge.

How much does it cost to retrofit a courtroom?

Judge Jordan is in a long securities fraud trial right now. But that's nothing compared to what he has coming up with the Mutual Benefits case, which is expected to last 8 months. Now, the government has asked to retrofit a courtroom to allow for two juries to preside at the same time because of severance issues. I feel for Judge Jordan on this case.

Reading Administrative Orders on Friday Afternoon

Yes, the exciting life of a federal blogger. (Rumpole, on the other hand, is posting April Fools jokes).

Well, I'm sure you've been waiting on the edge of your seats to find out about the new magistrate pairings. Here they are!

And Judge Torres is up for re-appointment.

Need to have more .... Click here.

Quick hits

1. SFL covers Minkow. So does Curt Anderson.

2. The border search exception applies to laptops, even if they take it to a facility 170 miles away.

3. No 11th Circuit en banc review for the health care case.

4. The Bronx Zoo Cobra was caught.

5. Well, if Dr. Drew thinks the airport scans are fine, then I'm sure they are.

Former U.S. Attorney Alex Acosta writes letter about Jeffrey Epstein deal and Roy Black responds

Wow, this is getting ugly.

The Daily Beast broke the story here.

And one of Epstein's lawyers, Roy Black, has responded to Acosta's letter (page 1, and page 2, and page 3 here) in the Palm Beach Daily News.

Both letters are truly remarkable, and I've never seen anything like it. From the PBDN:

Attorney Roy Black is disputing claims that he, and other attorneys representing Jeffrey Epstein, pried into federal prosecutors’ personal lives in attempting to disqualify them from investigating the billionaire sex offender. Black also denies Epstein’s attorneys “negotiated in bad faith,” while attempting to reach an agreement with federal prosecutors. *** According to Acosta, now dean of the Florida International University College of Law, federal prosecutors and agents met with Black in the summer of 2007. The prosecutors presented Epstein a choice: plead guilty to state felony charges resulting in two years imprisonment, registration as a sex offender and restitution for the victims or prepare for a federal felony trial. What followed, Acosta said, was that Epstein’s defense team launched “a yearlong assault on the prosecution and the prosecutors. “I use the word assault intentionally, as the defense in this case was more aggressive than any which I, or the prosecutors in my office, had previously encountered,” Acosta said in his letter. Among the “legal superstars” on Epstein’s defense team: Harvard professor Alan Dershowitz, Kenneth Starr, Jay Lefkowitz and several others, including prosecutors who had formally worked in the U.S. Attorney’s Office and in the Child Exploitation and Obscenity Section of the Justice Department. Acosta said that one member of the defense team warned him “the office’s excess zeal in forcing a good man to serve time in jail might be the subject of a book if we continued to proceed with this matter.” Black said he’s never heard anyone mention writing a book about the Epstein case. “Mr. Acosta claims we negotiated in bad faith by appealing to the Department of Justice in Washington,” Black said. “Any person under investigation by a United States attorney, meaning any of the 94 such offices in the country, has the right to seek review by the Department of Justice and it is so provided for in their manual. Thus I cannot imagine invoking this right could be construed as bad faith. “In our system of justice, people are given the right of appeal and there should be no implication of wrong doing by exercising it. “Finally Mr. Acosta mentions we looked for personal peccadilloes of prosecutors,” Black said. “I am not sure what he refers to but this never happened. We did point out misconduct and over-reaching by certain people involved in the investigation. Not only is there nothing wrong with this but it is a necessary part of the process. There will always be people who abuse the great power of the government and we can not stand by silently when it occurs.”