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obarcala's profile
Owen Barcala
Owen Barcala
Owen Barcala
@obarcala

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Owen Barcala

@obarcala

NM environment/energy litigator. Trials, appeals, plaintiff, defense, you name it. Opinions are my own, not my employer's. #AppellateTwitter #LitigatorTwitter

Albuquerque, NM
Joined April 2013

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    Owen Barcala‏ @obarcala 6 Nov 2019

    Owen Barcala Retweeted Margaret Hannon

    Good god—why would you ever lie about a death in the family to someone who has the power to jail you for contempt?https://twitter.com/mch_tweets/status/1192190057714577408 …

    Owen Barcala added,

    Margaret Hannon @mch_tweets
    First rule of court appearances--don't miss court appearances without providing notice to the court (exception for emergencies). Second rule of court appearances--be honest with the court. https://www.law360.com/newyork/articles/1217643 …
    Show this thread
    1:32 PM - 6 Nov 2019
    • 301 Retweets
    • 904 Likes
    • Chris Swan Tim Dedopulos CASENIGHTMAREORANGEISINEFFECT Juvenile Delinquent Torsten 🏡 NelC LucyAnnaBear #MAGA The Harold Tribune Pyperkub
    29 replies 301 retweets 904 likes
      1. New conversation
      2. Owen Barcala‏ @obarcala 6 Nov 2019

        This order concerns Richard Liebowitz, a notorious attorney for copyright trolls. He failed to appear on at a discovery conference on a case he filedpic.twitter.com/vEk7z8oYWr

        18 replies 86 retweets 381 likes
        Show this thread
      3. Owen Barcala‏ @obarcala 6 Nov 2019

        When the court issued an order to show cause why he failed to attend, Liebowitz said he missed it "because of a death in the family which was an 'unexpected urgent matter'"pic.twitter.com/qiZiTBZSdo

        1 reply 14 retweets 160 likes
        Show this thread
      4. Owen Barcala‏ @obarcala 6 Nov 2019

        When the conference was held, he doubled down, specifically saying the death happened on April 12, the morning of the conference. Unfortunately, the defendant had been keeping receipts. He started raising "issues that reflected negatively on Plaintiff's counsel's credibility"pic.twitter.com/3Pcdxp3rmr

        1 reply 17 retweets 186 likes
        Show this thread
      5. Owen Barcala‏ @obarcala 6 Nov 2019

        "At that point, concerned about Mr. Liebowitz’s credibility . . . I determined that I could not merely accept Mr. Liebowitz’s representation that he missed the April 12 conference because of a death in the family," and directed that he provide documentationpic.twitter.com/iWWFFIJHoc

        2 replies 17 retweets 171 likes
        Show this thread
      6. Owen Barcala‏ @obarcala 6 Nov 2019

        So Liebowitz tripled down—he submitted a letter stating that it was his grandfather who died, and Liebowitz had to miss the hearing "to assist with certain customs" in advance of the Sabbath. Surely, he must have thought, that would be enough to cover his trackspic.twitter.com/hJ8s2gkMES

        1 reply 14 retweets 169 likes
        Show this thread
      7. Owen Barcala‏ @obarcala 6 Nov 2019

        Narrator: It was not. "The reason I requested documentation is that there is reason to believe Mr. Liebowitz is not being candid. So a letter from him does not advance the ball." When someone dies, there is documentation. A certificate, an obit, even a text. Come on.pic.twitter.com/HDh4NTVVJZ

        3 replies 20 retweets 210 likes
        Show this thread
      8. Owen Barcala‏ @obarcala 6 Nov 2019

        Finding himself well within the jaws of an Article III trap about to snap shut, Liebowitz filed a notice of settlement. No dice. "I'm glad the parties have resolved the case . . . but there remains one open issue: Mr. Liebowitz's failure to document the death in his family[.]"pic.twitter.com/ZCPo7NgINE

        1 reply 21 retweets 238 likes
        Show this thread
      9. Owen Barcala‏ @obarcala 6 Nov 2019

        So Liebowitz quadrupled down—he submitted a declaration to "re-certif[y]" the statements in his previous letters Buddy, you are not getting it. "[G]iven the issues surrounding Mr. Liebowitz's credibility . . . reiteration could not sufficiently discharge his obligations[.]"pic.twitter.com/WXvTgHRARd

        2 replies 16 retweets 201 likes
        Show this thread
      10. Owen Barcala‏ @obarcala 6 Nov 2019

        This time the court expressly ordered that he submit evidence "apart from his own word" to demonstrate the death. But Liebowitz just filed another letter, basically saying 'no, no, the previous three letters were sufficient'pic.twitter.com/yOz0U938WW

        3 replies 15 retweets 178 likes
        Show this thread
      11. Owen Barcala‏ @obarcala 6 Nov 2019

        The court ordered him, "under pain of contempt, to provide a copy of his grandfather's death certificate"—instead, it got a *fifth* letter! This one saying it's a personal matter, so he shouldn't have to produce the actual certificatepic.twitter.com/025dS6axfg

        1 reply 16 retweets 194 likes
        Show this thread
      12. Owen Barcala‏ @obarcala 6 Nov 2019

        But, though a death in the family is personal, the "questions regarding Mr. Liebowitz's candor before the Court are professional in nature." He could submit the certificate in chambers if he was truly concerned about privacy, but he'll be in contempt if he doesn't do so by Aug 26pic.twitter.com/JqJNbwP0dU

        1 reply 13 retweets 194 likes
        Show this thread
      13. Owen Barcala‏ @obarcala 6 Nov 2019

        By this point, you've gotta know he wasn't going to do that. So on Aug 26, the court gets another declaration—but now he goes on the offensive. He "argued that he was not in contempt because [the request] was unlawful," a usurpation of authority, or a breach of judicial decorumpic.twitter.com/esNAt3SwhO

        1 reply 12 retweets 183 likes
        Show this thread
      14. Owen Barcala‏ @obarcala 6 Nov 2019

        The court was not happy. There is nothing unlawful about the order. He hadn't even alleged he couldn't comply with it (because he made it up). Therefore, Liebowitz was held in contempt and ordered to provide the declaration by Oct 2 or be fined $100 for each day of noncompliancepic.twitter.com/9FRhSxmkR6

        1 reply 14 retweets 204 likes
        Show this thread
      15. Owen Barcala‏ @obarcala 6 Nov 2019

        Liebowitz started frantically requesting a stay in-person meetings to discuss the order, which ended up with the court ordering him not to file any further requests unless he could provide a justificationpic.twitter.com/KMwrgE4h2S

        1 reply 12 retweets 182 likes
        Show this thread
      16. Owen Barcala‏ @obarcala 6 Nov 2019

        Three days after the monetary sanctions went into effect, Liebowitz requested an extension. Denied the same day. You now owe $300. Now $400 more. Now $400 more. Now $500 more.pic.twitter.com/qvtOYKgTYG

        3 replies 11 retweets 192 likes
        Show this thread
      17. Owen Barcala‏ @obarcala 6 Nov 2019

        A month after the sanctions started running, it became clear that $100 a day "has plainly been ineffective to coerce compliance with the August 19, 2019 Order." Now it's $500 per day.pic.twitter.com/AYuQTxC8ba

        1 reply 20 retweets 235 likes
        Show this thread
      18. Owen Barcala‏ @obarcala 6 Nov 2019

        Further, Liebowitz is ordered to appear in court on Nov 13 and show cause "why he should not be incarcerated until such time as he complies" "Failure to appear as directed will subject Mr. Liebowitz to arrest by the [U.S. Marshals] without further notice."pic.twitter.com/08jRuuwcc1

        13 replies 20 retweets 330 likes
        Show this thread
      19. Owen Barcala‏ @obarcala 6 Nov 2019

        This must be what it's like to watch someone slowly fall into a woodchipper

        50 replies 51 retweets 1,031 likes
        Show this thread
      20. Owen Barcala‏ @obarcala 6 Nov 2019

        Owen Barcala Retweeted Owen Barcala

        Since this thread has sparked some mild interest, here is a link to the full orderhttps://twitter.com/obarcala/status/1192214842318491649?s=19 …

        Owen Barcala added,

        Owen Barcala @obarcala
        Replying to @wolmanj
        I got it from PACER, but just uploaded it to Scribd https://www.scribd.com/document/433777552/Liebowitz-Order-to-Show-Case-Nov-1-2019 …
        20 replies 18 retweets 161 likes
        Show this thread
      21. End of conversation

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