Fact Thirty-two (August 18, 2007) – Sanctions Against Capella University Are Being Filed for Their Intentional Refusal to Produce Evidence

Capella University and their lying shysters, H. Christian L'Orange (Chevalier Hypocrite Hank the Liar L’Orange) and Horse's Ass Capella Stella Fey Epling, from the "law firm" of Drinker Biddle & Reath, along with their own in-house dishonest shysters, Greg Thom and Priscilla McNulty, have all REFUSED to turn over documents, records, and other evidence originally demanded THREE (3) YEARS AGO as part of a Family Educational Rights and Privacy Act (FERPA) request, as well as an extraordinarily large number of documents demanded under “Requests for Production of Documents” (made under Federal Rules of Civil Procedure, V. Depositions and Discovery, Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes [F.R.C.P. 34]) nearly NINE MONTHS (9) ago!

Once again, Sir Chrisy the Sissy (ever the legal scholar) and friends have not only refused to abide by FERPA (click here to view that Federal Law) which very clearly states:

"§ 99.10 (b) The educational agency or institution, or SEA or its component, shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received the request."

But they have also refused to abide by F.R.C.P. 34 which states (in part)

"Rule 34 (b) Procedure
" . . . The party upon whom the request is served shall serve a written response within 30 days after the service of the request. A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties, subject to Rule 29."

FACT: Capella’s response to the Requests for Production of Documents, via Horse’s Ass Capella Stella Fey Epling from Drinker Biddle & Reath, wasn’t sent until January 31, 2007 – essentially TWO MONTHS after the initial demand for production. That response; however, was just that – a response. Not included were the vast majority of records demanded. Nearly NINE MONTHS LATER, an enormous number of those documents still have not produced (heck, Capella University has even refused to turn over Charlatan Diane Stottlemyer’s resume/CV! Obviously, they’re intentionally trying to hide something (i.e., the FACT that Stottlemyer bought and used bogus degrees she obtained from a known diploma mill – Lacrosse “University”). Of course, there are many, many more documents which Capella has refused to produce.

Then there’s another little matter pertaining to the limited number of materials they have produced – ever the inept legal scholars, Sir Chrisy the Sissy L’Orange and Capella Stella Fey Epling, turned over materials that resembled veritable rats’ nests. Nearly all of these are in such a state of disarray that even the most astute (and genuine) legal scholars would be unable to assemble them into a manageable state. Of course, that problem is also addressed by Rule 34(b)(i) which very plainly states,

"a party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request"

FACT: As the shyster squadron of L’Orange, Epling, Thom, and McNulty have continuously obstructed justice by intentionally withholding vast amounts of information, they are now going to get slapped with a demand for sanctions, which is clearly permitted under Federal Law.

Once again, we will refer to the Sir Chrisy the Sissy’s latest whiny letter – the one that was rejected by the Federal Court for the numerous VIOLATIONS of the court’s rules (there were at least FIVE violations) in which he has intentionally lied by stating:

"Succinctly, [the plaintiff] claims that a number of categories of documents were not produced in response to a Request for Production of Documents. These included discussions contained in the University's general forum discussion area, his academic file, University documents filed with the OCR, a disability compliance report for WebCT. All of plaintiff’s courseroom [sic] postings, staff responses, and documents surrounding the University's decision to select WebCT. In fact, all of these have been produced to his attorney, many marked "Confidential - Attorney's Eyes Only," a classification which limits the circulation of the material to counsel, necessary staff and experts, pursuant to the Court's protective order dated May 7, 2007."

FACT: It is an absolute verifiable TRUTH that Sir Chrisy the Sissy and Capella University have once again lied to a Federal Court - which just wisely REJECTED L’Orange’s recent unprofessional letter due to the numerous VIOLATIONS of the Court’s rules contained within it. One, of many, lies told by L’Orange in that letter stated that “all of these [documents] have been produced to his attorney” Again, it is an absolute FACT that L’Orange and Capella have LIED to the court in that they have NEVER PRODUCED ALL of the documents demanded. Again, a demand for sanctions against Capella University is going to be filed against them for their intentional and ongoing deceit. BTW, a large number of the documents that L’Orange and Capella University have failed to produce are covered under FERPA and should have been provided to the plaintiff THREE YEARS AGO – under no circumstances are those documents subject to any type of protective order. We’re going to enjoy watching Capella University and their unethical shysters being forced to finally turn over so many materials that they have refused to produce for so long.