Archive | March 26, 2024

A Strand-by-Strand Unraveling of Judge Lee P. Rudofsky’s Web of Lies and Deceit – Chapter Seven

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This blog is getting a little monotonous. It is important though that all the lies and deceit by a federal district court judge, Lee P. Rudofsky, be documented.

His orders, including granting summary judgment against the plaintiff in an FDCPA, invasion of privacy and outrage complaint, are under appeal. Judge Rudofsky allowed the defendant to file its so-called evidence under seal. Then the defendant and judge misstated what was under seal. If the Eighth Circuit decides to maintain the Star Chamber and affirm the manifest injustice, it is important for the public to know what the appellate court ignored.

Why would you trust my version, more than that of the court? Because I am willing to let you see what is under seal. The defendant and the court are not. No particularized need was offered as to why to keep the documents sealed. For example, the “Data Load” the judge described in detail, omitting the entries that don’t look too good for the defendant, do not contain any trade secrets. The form itself is run of the mill. The privacy of the data should belong to the plaintiff. It does not divulge financial information about the defendant, Portfolio Recovery Associates, LLC.

Also, that Judge Rudofsky was nominate by Donald Trump is repeated in most chapters.

When I write a book, the redundancies will be left out.

This is not a Democrat or Republican blog. I am a Libertarian. I registered Republican in 2016, to vote against Trump in the primaries. The two candidates I liked, Ben Carson and Rand Paul, split their votes and Trump won. I did vote for Trump against Hillary Clinton, but only because my choice was a walking douche bag and a turd sandwich (plagiarizing from South Park).

I usually don’t “waste” my vote on the Libertarian candidate if I like or hate one of the Democrats or Rupublicans. I liked Mike Pence, which kind of swung me toward Trump. I am the proverbial “swing vote”.

This election, I will vote for RFK, Jr. I loved Bobbie Kennedy and JFK. Robert Kennedy, Jr. takes on big business and government agencies in court cases. He is a trooper. Like my son, who recently had a life-threatening accident and continues to work to make the world a better place, RFK can easily retire because of his neurological damage, and he keeps moving forward anyways.

So, not to bore you, but here are the next lines of interest from Hammett v. Portfolio Recovery Associates, docket no. 173.

The judge buried the next line in footnote 26, divided between two pages. In the second part, on page 4, the judge wrote: “It appears that PRA, LLC, used another company, Compumail, to facilitate the dispatch of the letter.”

You could place that line in the back of your brain, as Judge Rudofsky intended. There it might collect cobwebs, and you may never think of it again. Judge Rudofsky does not mention Compumail again until page 50, when he discusses the motion to amend. (Doc. 33 and 33-1)

But Compumail’s complicity in PRA’s collections is important at the summary judgment of the first amended complaint. The entire PRA production of documents was a bit light in the loafers. About half the documents were letters that were purportedly mailed by Compumail.

None of the letters purportedly mailed before February 2021 reached me.

PRA cannot use its own record of whether or not the letters were returned undeliverable without having Compumail swear by affidavit that it did not receive the letters back as “undeliverable”. It is crazy that Judge Lee P. Rudofsky, again, made a credibility determination, believing that PRA did not get the returned letters and disbelieving that I did not receive any letters, without any competent evidence to base that credibility determination. Forget the fact that at summary judgment, Judge Rudofsky must take all reasonable inferences in the non-moving party’s favor.

It is interesting, and we will get there another day, that Rudofsky treated Compumail as an integral part of PRA’s operations, allowing PRA to testify on behalf of Compumail, but would not allow Compumail to be added as a Doe defendant.

Are they or aren’t they partners in crime, so to speak?