Lively Case Discussion #632 5/31 - 6/1/2007

[Easywriter]

O/T

If I hear one more person talking about taking something "to the next level" I'm gonna scream!

Every time I turn on the TV someone is talking about taking everything from salad dressing to sex "to the the next level."

Please make it stop!!!!!!    

I hear ya and I am going to join your rant and take it to the next level!  Oh.....nevermind.  

[BTgirl]

O/T

If I hear one more person talking about taking something "to the next level" I'm gonna scream!

Every time I turn on the TV someone is talking about taking everything from salad dressing to sex "to the the next level."

Please make it stop!!!!!!    

I hear ya and I am going to join your rant and take it to the next level!  Oh.....nevermind.  

         

[Kat_Gram]

Hello Angie.... I made it to work and home and here I is.
Whew, rough one day week ! !  
Sometimes I just cannot believe this stuff on this case.

[Angiex911dsptchr]

Hello Angie.... I made it to work and home and here I is.
Whew, rough one day week ! !  
Sometimes I just cannot believe this stuff on this case.

 I agree Kat.. unreal huh?
 I feel for yah.. been a rough few weeks here as well..
 I gotta go for a bit.. be back later!

[nonesuche]

BT and any others without kids, I appreciate you can empathize and my point was indeed for those who cannot. I guess i think it's a given you do since you are here supporting missing kids. I'm sorry if it sounded as if I think you have to have kids to qualify for compassion, that was never my intent.

I do think Meds, Victimwhatever, and JR have to be as hard-hearted as any humans I've seen. What a fine thing to be special at?

[BTgirl]

BT and any others without kids, I appreciate you can empathize and my point was indeed for those who cannot. I guess i think it's a given you do since you are here supporting missing kids. I'm sorry if it sounded as if I think you have to have kids to qualify for compassion, that was never my intent.

I do think Meds, Victimwhatever, and JR have to be as hard-hearted as any humans I've seen. What a fine thing to be special at?

It's okay, None. I didn't think you were being mean about people who don't have children. I guess the point I was trying to make is that even if people don't have children of their own, that doesn't give them an "out" when it comes to compassion for other families.

[bleachedblack]

Just read that the judge in California dismissed the case against the K's. Dang, how's that saying go...if it wasn't for bad luck..........

[IndyDan]

I got an email from Richard saying the case against the Kalpoes got thrown out today -- is that true??

[klaasend]

I got an email from Richard saying the case against the Kalpoes got thrown out today -- is that true??

Yes

[Blonde]

Wrongful Death Lawsuit Dismissed In Holloway Case
June 1st, 2007

(CBS) LOS ANGELES – A wrongful death lawsuit filed in Los Angeles against two Aruban brothers by the parents of Alabama teen Natalee Holloway was dismissed Friday by a judge.

Los Angeles Superior Court Judge Charles C. Lee granted a motion by Deepak and Satish Kalpoe to throw out the lawsuit brought by Elizabeth Ann Twitty and Dave E. Holloway because it has no connection to California and the court has no jurisdiction over the siblings.

Natalee was vacationing with friends on the Caribbean island resort when the 18-year-old disappeared the night of May 30, 2005.

The Kalpoes and another Aruban resident, Joran van der Sloot, have been the subject of scrutiny by Aruban authorities and the U.S. media. All three were arrested in connection with the girl’s disappearance, but were later released.

The Kalpoes and van der Sloot have maintained that they were not involved in her disappearance and also have denied rumors and allegations they had sex with her.

According to court papers filed by the brothers’ attorneys, an important ruling occurred Jan. 24 in another case involving the Kalpoes in which they sued “Dr. Phil” McGraw and CBS Television for defamation.

Los Angeles Superior Court Judge Edward A. Ferns ruled that the wrongful death claim of the teen’s parents against the Kalpoes is substantially different from the defamation lawsuit against the celebrity doctor.

The Kalpoes allege they were defamed in a Sept. 15, 2005, “Dr. Phil” show that they maintain falsely suggested they gave Holloway a date rape drug and had non-consensual group sex with her.

The episode also implied the siblings helped kill Holloway and dispose of her body, according to the lawsuit, which is the subject of a hearing scheduled for Wednesday.

“These actions do not arise from the same or substantially identical transactions, happenings or events,” Ferns wrote, in ruling that both cases should not be kept before the same judge.

In addition to defamation, the Kalpoes’ suit alleges invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.

William Cremer, an attorney representing the Kalpoes in both the wrongful death suit and the defamation case, said outside the courtroom that he is pleased with the ruling dismissing the suit by Natalee’s parents.

“It was what we anticipated,” Cremer said. “The only reason it was filed was to detract attention from the Dr. Phil case.”

Cremer said the only proper place to file a wrongful death case would be in Aruba, but he said that also would be pointless.

“They don’t have a shred of evidence against them,” Cremer said. John Q. Kelly, an attorney for Twitty and Dave Holloway, said he was disappointed with the ruling and will talk with his clients about their future course of action, which could include an appeal.

“There are all kinds of promising issues,” Kelly said. Natalee’s parents were pessimistic about the chances of the lawsuit going forward, in part because their previous wrongful death suit, filed against van der Sloot last year in New York, also was dismissed, Kelly said.

Unlike the case against the Kalpoes, van der Sloot was personally served with the lawsuit against him during a visit to the U.S., Kelly said.

Twitty, of Alabama, and Holloway, of Mississippi, filed their suit against the Kalpoes the day after the brothers sued McGraw. The suit maintained they caused fatal injuries to Natalee, even though her body has never been found and Aruban authorities have not determined if she is dead or alive.

Twitty and Dave Holloway, who are divorced, maintained that by bringing an action against McGraw in Los Angeles, the Kalpoes voluntarily submitted themselves to the Los Angeles Superior Court jurisdiction.

But in their court papers, attorneys for the Kalpoes argued that Twitty and Holloway are not part of the defamation case; that the alleged misconduct by the defendants in the lawsuits occurred in two entirely different locations, Aruba and California; and that one suit involves wrongful death and the other defamation.

In support of their motion, the siblings’ attorneys attached to their court papers a declaration by their mother, Kemwattie Ramirez, stating that her sons live with her in Aruba and have no ties to California.

“Neither Deepak nor Satish has ever traveled to California, or anywhere within the United States, for business or pleasure,” according to their mother, who also said her sons have no business, employment of financial ties to California.

George “Jug” Twitty, Twitty’s most recent husband and Natalee’s stepfather, filed for divorce in December. Before the breakup, he and Elizabeth Twitty made numerous media appearances together after Natalee went missing.

[Easywriter]

I got an email from Richard saying the case against the Kalpoes got thrown out today -- is that true??

Yep, it is true.  Makes me kind of wonder.  In the beginning I thought JQK had some type of solid foundation in bringing both of the civil suits, but it is kind of starting to look like a shot in the dark.

[Easywriter]

I will say that the NYC case was dismissed on the basis of forum non convene and the California case was lack of personal jurisdiction.  Slightly different reasons, but.....

[IndyDan]

I got an email from Richard saying the case against the Kalpoes got thrown out today -- is that true??

Yes

Do we know on what grounds?  This poor family, I have never seen so much working against good honest loving people who lost their precious daughter.  How can everything at every turn work against them?  I just don't understand.....

[IndyDan]

Don't bother responding to the above, Blonde's post answered my question.
Thanks Blonde

[Rob]

Did Nadira Kalpoe change her name to Kemwattie Ramirez?

[sb]

New York and California are the last 2 places whare a suit should be filed against an Aruban interest. They have heavy financial ties to Aruba's tourist industry, and they have a philosophical aversion to try a case on the behalf on anyone to the right of Jesse Jackson. Neither place is a friendly venue to Beth in any way, shape, or form.

I called this one months ago, that a judge from California would NEVER come down on Beth's side. Period.

They need to be filing their cases in Alabama.

[Tamikosmom]

Klaas ... Please delete my post.  I had not read Blonde's post.  Reading backwards ... LOL.

Janet

[Rob]

Did Nadira Kalpoe change her name to Kemwattie Ramirez?

and whether or not she changed her name or not, why would anyone believe a word she says? Big People lie Too!!!!

Did anyone even enter that statement?

[klaasend]

Did Nadira Kalpoe change her name to Kemwattie Ramirez?

and whether or not she changed her name or not, why would anyone believe a word she says? Big People lie Too!!!!

Did anyone even enter that statement?

Rob, her name is probably:

Nadira Kemwattie Bigpeoplelie Kalpoe Ramirez

[BTgirl]

Did Nadira Kalpoe change her name to Kemwattie Ramirez?

and whether or not she changed her name or not, why would anyone believe a word she says? Big People lie Too!!!!

Did anyone even enter that statement?

Rob, her name is probably:

Nadira Kemwattie Bigpeoplelie Kalpoe Ramirez