[Les Quam]

Don't feel bad Charley I couldn't find the video either until you asked. I was waiting for someone as clueless as I am to ask where it is. Thanks.

Does anyone know who has actually seen a BJ consignment contract if it states each seller will get a full three minutes on the block? Absent that language BJ can run the cars through at any speed that they want, and essentially drop the hammer when ever they want leaving this judge without a counter claim. His claims of negligence are baseless.

This Michigan probate judge has got some problems right now. First he has to respond to the lawsuit regardless of it's merits in Arizona federal court and file an answer to the suit, or resolve it with BJ attorney's before his time to file an answer is up. BJ attorney's now have been paid a retainer to file this suit and realize their client(BJ) has deep pockets and are not going to be motivated to resolve this before running up as much billable hours as humanly possible.

Presumably this Michigan judge is not licensed in Arizona or that Federal district and would need to get the Federal district's judge's approval to make an appearance in that district. I would also presume as a Michigan probate judge he has a full docket every day in Michigan and can't allocate much time to responding to this suit. Nor can he just fly down to Arizona each week to handle the various motions BJs highly paid attorney's will be filing as fast as they can. That being said the Michigan probate judge will probably have a limited legal background on this new and lucrative field of internet defamation, and he probably hasn't looked at the law regarding defamation since law school. I would suspect he will be forced to hire an Arizona attorney who specializes in this area of the law and is also licensed to practice in Federal court which costs more than an attorney whose practice is primarily state court. I would suggest that his 75K profit from the sale of that car will be depleted rather quickly in defending this suit. If he elects to file a counter claim against BJ for breach of contract or some form of negligence that will add more to his fee's. Perhaps he can find an attorney friend from Michigan who is willing to get certified to practice in Arizona federal court and fly down to represent him, but that will also involve quite a bit of expense. Ugh!

Even if this judge is somehow able to file a counter claim or perhaps a class action lawsuit with the help of other unhappy sellers it is going to be very expensive and problamatic for him.

His prospects will all come down to the contract he signed when he consigned the car, otherwise defending this suit is going to be very expensive. IMHO and my two cents.