Sunday, March 22, 2009

I, Meryl M. Lanson, Pro Se, am a disabled litigant suffering from Post Traumatic Stress Disorder - Legal Abuse Syndrome (PTSD/LAS). My husband and I are the owners of Baron’s Mens Clothing Stores. In April, 2008, after ten years of "legal malpractice" litigation, Judge Jeri Beth Cohen took over the Baron’s/Lanson litigation for a period of eight months. When Judge Cohen began presiding over this case, and became aware that she was dealing with a disabled litigant under the Americans With Disabilities Act, she assured me and Karin Huffer, M.F., M.S.T., ADA Consultant and Accommodations Designer, that she was competent and well equipped to handle this litigation and the accommodations that I requested under the ADA.

After being disarmed by Judge Cohen’s representations, her observance of my accommodations and rulings became progressively adverse to my and Baron’s interests. The following Chart shows Judge Cohen’s rulings in this litigation. While searching for a rationale to explain this incongruent behavior, it should be noted that the attorney defendants and/or their counsel all contributed the maximum donation allowed to Judge Cohen’s re-election campaign as soon as she was noticed to take over this case. After Judge Cohen destroyed our entire litigation, inapposite to the law, to the facts, and in violation of my due process rights, while obstructing justice, Judge Cohen announced, on the record, that she was "ill-equipped" to have dealt with this litigation from the inception, involving a disabled litigant, and was told so by her lawyers and the ADA. Judge Cohen did nothing to rectify the problem, and never vacated the Orders she entered, even though admitting to her incompetence. The Summary of the Court's Adverse Rulings in the Barons/Lanson litigation matter seems to speak for itself.

Summary of Adverse Court Rulings:
Specifically: February 4, 2008 to Present

1. Motion: 9/2005 Plaintiffs Motion for Leave to File Third Amended Complaint
Court’s Ruling: 9/3/08 Deferring Ruling on Plaintiffs’ Motion for Leave to Amend [and Order Deferring Ruling on Defendant’s Joint Motion to Deny Plaintiffs’ Outstanding Motion for Leave to Amend]

2. Motion: 2/4/08 Defendants Motion for Summary Judgment as to all Claims Brought by Baron’s Stores, Inc or in the alternative, Motion to Strike Baron’s as a Party Plaintiff
Court’s Ruling: 10/15/08 Granted - “Ore-Tenus Ruling” at October 15, 2008, Hearing

3. Motion: 5/28/08 Salkin, Defendant Motion for Protective Order
Court’s Ruling: 6/23/08 Granted - May 30, 2008, Status Conference

4. Motion: 5/29/08 Plaintiffs Joint Motion to Strike Defendants’ Motion for Summary Judgment as to all Claims Brought by Baron’s Stores, Inc.
Court’s Ruling: 6/23/08 Denied – May 30, 2008, Status Conference

5. Motion: 6/2/08 Meryl Lanson, Plaintiff Motion to Disqualify and/or Recuse Judge Cohen
Court’s Ruling: 6/10/08 Order Denying Motion to Disqualify and/or Recuse Judge Cohen

6. Motion: 6/13/08 Plaintiffs Motion for Rehearing on 6/10/08 Order Denying Motion to Disqualify
Court’s Ruling: 6/18/08 Order Denying Motion for Rehearing of Motion to Disqualify 6/23/08 Order on May 30, 2008 Status Conference

7. Motion: 6/27/08 Norman Lanson & Baron’s Stores, Plaintiffs Joint Motion for Extension of Time to Disclose Plaintiffs’ Additional Expert Witnesses
Court’s Ruling: 6/30/08 Agreed Order Extending Deadlines for Disclosure of Expert Witnesses

8. Motion: 6/27/08 Meryl Lanson, Plaintiff Motion for Change of Venue, Request for ADA Accommodations, etc.
Court’s ruling: 8/1/08 Order Denying Motion for Change of Venue, Request for ADA Accommodations, etc

9. Motion: 6/30/008 Meryl Lanson, Plaintiff Verified New Motion for Recusal
Court’s Ruling: 7/7/08 Order Denying New Verified Motion for Recusal

10. Motion: 7/30/08 Plaintiffs Joint Renewed Motion to Stay
Court’s Ruling: 8/808 Order Denying Plaintiffs’ Joint Renewed Motion to Stay 8/13/08 Order of Referral to Mediation

11. Motion: 8/20/08 Plaintiffs Verified Motion for Disqualification
Court’s Ruling: 8/28/08 Order Denying Motion for Disqualification

12. Motion: 9/2/08 Plaintiffs Plaintiff’s Renewed and Amended Motion for Leave to File Third Amended Complaint (with Complaint)
Court’s Ruling: 9/3/08 Order Deferring Ruling on Defendant’s Joint Motion to Deny Plaintiffs’ Outstanding Motion for Leave to Amend and Deferring Ruling on Plaintiffs’ Motion for Leave to Amend

13. Motion: 9/2/08 Plaintiffs Motion to Stay Proceedings Pursuant to Filing of Plaintiff’s Writ of Prohibition
Court’s Ruling: 9/3/08 Order Denying Plaintiffs’ Motion to Stay Proceedings pursuant to the filing of Plaintiff’s Writ of Prohibition in the Third DCA

14. Motion: 9/4/08 Plaintiffs Joint Motion Demanding Evidentiary Hearing on Renewed Motion to Strike Defendants’ Motion for Summary Judgment for Fraud on the Court
Court’s Ruling: 10/15/08 Denied – “Ore-Tenus Ruling” at October 15, 2008, Hearing

15. Motion: 9/4/08 Defendants Joint Motion to Strike and/or Exclude Testimony of Karin Huffer, M.F., M.S.T
Court’s Ruling: 10/15/08 Granted – “Ore-Tenus Ruling” at October 15, 2008, Hearing

16. Motion: 9/8/08 Plaintiffs Renewed Joint Motion to Strike Defendants’ Motion for Summary Judgment (all Claims)
Court’s Ruling: 10/15/08 Denied – “Ore-Tenus Ruling” at October 15, 2008, Hearing Motion Court’s Ruling

17. Motion: 9/8/08 Plaintiffs Verified Supplement to Renewed Joint Motion to Strike Defendants’ Motion for Summary Judgment
Court’s Ruling: 10/15/08 Denied – “Ore-Tenus Ruling” at October 15, 2008, Hearing

18. Motion: 9/16/08 Plaintiffs Plaintiffs’ Motion to Vacate Portion of Court’s 6/23/08 Order on Salkin’s Motion for Protective Order
Court’s Ruling: 10/15/08 Denied – “Ore-Tenus Ruling” at October 15, 2008, Hearing

19. Motion: 9/23/08 Plaintiffs Joint Motion to Strike Case From Trial Docket Pursuant to Rule 1.440 & Motion Requesting the Court to Reserve Ruling on the Defendants’ Pending Motion for Summary Judgment
Court’s Ruling: 10/15/08 Denied – “Ore-Tenus Ruling” at October 15, 2008, Hearing

20. Motion: 9/29/08 Plaintiffs Joint Motion Requesting a Stay of All Matters
Court’s Ruling: 10/15/08 Denied – “Ore-Tenus Ruling” at October 15, 2008, Hearing

21. Motion: 10/15/08 Plaintiffs Joint Motion Requesting Stay, Establishing Deadline for Disclosure of Expert Witness and Scheduling Status Conference
Court’s Ruling: 10/28/08 Denied – as to Plaintiff’s requesting Stay of any ruling on Defendant’s pending Motion for Summary Judgment as to Baron’s Stores, Inc.

22. Motion: 10/15/08 Plaintiffs Motion to Vacate that Portion of the Court’s June 23, 2008 Order Granting Salkin’s MPO
Court’s Ruling: 10/28/08 Denied

23. Motion: 10/15/08 Defendants Joint Motion to Strike and/or Exclude Testimony of Karin Huffer
Court’s Ruling: 10/28/08 Granted

24. Motion: 11/18/08 Plaintiffs Joint Motion to Compel Court to Comply
Court’s Ruling: 11/18/08 Denied

25. Motion: 9/2/08, 9/8/08, 10/15/08, 11/14/08,& 11/17/08 Defendants: Kopplow and Cooper Defendants’ Kopplow and Cooper Motions for Summary Judgment as to all Claims Brought by Baron’s Stores, Inc.
Court’s Ruling: 11/21/08 Granted - Final Summary Judgment and Memorandum Order

26. Motion: 11/18/08 Defendants Emergency Motion to Enforce Subpoena Served Upon Mark Osherow
Court’s Ruling: 12/3/08 Granted

27. Motion: 12/10/08 Plaintiffs Motion for Rehearing – re Court Order (undated) Scheduling Order - Stay
Court’s Ruling: 12/10/08 Denied

28. Motion: 12/10/08 Plaintiffs’ Motion for Rehearing - 11/21/08 Order Granting Kopplow’s and Cooper’s Motion for Summary Judgment
Court’s Ruling: 12/10/08 Denied

29. Motion: 12/10/08 Plaintiffs Motion to Vacate all Dispositive Orders
Court’s Ruling: 12/10/08 Denied

30. Motion: 9/8/08, 12/10/08, 12/23/08 Defendants:
Kopplow and Cooper Final Order – re Summary Judgment
Court’s Ruling: 1/6/09 Granted – Summary Judgment in favor of Defendants

31. Motion: 1/23/09 Plaintiffs Motion for Rehearing
Court’s Ruling: 1/23/09 Denied