THE COURTROOM EMPTIED QUICKLY, no idle chit chat between counsels. Duke and I agreed to meet at Barker’s in an hour. It wasn’t worth our time to walk back to the office before I met Duke, and I sure didn’t want to run into Hans in the park. Maggie, Brian, and I found a bench in the hall outside the courtroom, and we carried on our business there.
Brian asked, “When do you think he’ll set the trial?”
I said, “I still think they’ll try for a rush to judgment, push the pedal to the metal, but the judge must convene a jury, ask the jury pool to send in answers to questionnaires, find a date that’s good for both parties, etc. Normally, a judge would call both sides into chambers, and we’d go over all the preliminaries before a date was set. That’s why I was surprised when he left the courtroom so quickly. Now that opportunity has been lost.”
“I suspect he’ll wait for marching orders from Jordyn. I’d say we are still a few months away from a trial.”
“A few months?” Brian asked. “That’s pretty quick.”
“It is, let’s not let any grass grow under our feet. Start drafting our request for client access and for a bail hearing. Also come up with a first draft of discovery requests—the usual interrogatories asking for potential witnesses, experts, etc. and a request for any documents they will introduce at trial. And just because she made me mad, file a notice to take the deposition of every corporate president she represents. I know that’s a big ask, let me know if you need me to hire someone to help.
“Jordyn will use ‘national security’ to object, and Moorman will agree to whatever she says. But the very thought of my deposing her clients will give her heartburn.” I laughed.
“Jack, don’t get carried away.” Maggie warned.
“Don’t worry; I won’t. But if the judge delays convening a jury, I just might try to depose a few corporate presidents. A few depositions in Silicon Valley, or even Napa, sound pretty good right now.”
Brian had stepped away to take a call. When he returned, still holding the phone, he looked worried.
“That was Martin. About the time you announced your intent to appeal, two men tried to break into the office. Martin had arranged for it to be guarded while we were in court, and his people stopped them, but they eluded apprehension. A different twosome tried to get into your home, but security at the condominium stopped them in time. The police have them in custody.” He paused, then added, “How could they have known what happened in court so quickly?”
“Someone must have slipped out of the courtroom when Jordyn asked for the recess,” I replied. “This is Hans’ doings. It’s meant as a message, but I’ll be damned if I’m going to back down.”
“Well, at least the police have two of the intruders,” Maggie said before I could say anything else. “Jack, if you don’t mind, I think I’ll pass on the meeting at Barker’s. I can do more good at the office helping Brian with your motions and checking to make sure nothing was tampered with. Take Clovis with you.”
“Okay, but you know Duke will be disappointed,” I kidded.
She had gathered her papers and risen. Now she turned to face me. “Aren’t you at all concerned? Men trying to break into the office and your home? How can you joke about such things? Your attitude…” She certainly wasn’t joking.
“Maggie, Maggie—calm down,” I broke in, now standing as well. “Of course, I’m concerned. But am I intimidated? Am I going to roll over and play dead? No! The more they push, the more I’m going to push back. I’m convinced that the only way we’ll all be safe, the only way we can return to some form of normalcy, is to win this lawsuit. I’m not sure how I’m going to do it, but my concerns will only disappear when a jury says, “verdict for the defendant, David Ruple.”
It was meant to be a pep talk, but she was clearly still shaken. I tried to give her a hug, but she turned to Brian, and I watched as they walked down the long hall. I wondered how much longer she’d be able to handle the stress.
Poor Brian! I’d already loaded him with work, but there was much more to be done. I offered again to hire temporary help, but he said he felt sure he and Maggie could manage everything, especially now that we had more time. I needed research on possible counterclaims we could bring against the companies. I also knew there were unique procedural rules in patent and trademark trials and suggested he contact a lawyer I had worked with a few years ago, Jacob Lee. He was the finest intellectual property attorney I knew. He was a scratch golfer and owed me a favor. I’d kept his dog, Fergus, over a long weekend, a very long weekend, so he could go to the Masters in Augusta.
I gathered my belongings and followed them to the courthouse steps where I found Clovis waiting as well. Maggie had calmed down a bit, and she and Brian soon left for the office. Clovis and I walked to Barker’s, but neither of us had much to say. He was on edge because of the break-ins, and I couldn’t stop thinking about Hans.
It was a relief to find Gloria and Duke safely seated in the Grill at Barker’s. I noticed they were both sipping on their first cocktail of the day, although in Gloria’s case, one could never be sure it was her first or fourth. Clovis and I stuck to iced tea, ignoring Duke’s gibes. Gloria asked for the special crab salad, while the rest of us indulged in a Barker’s cheeseburger.
After we’d been served, I told Duke as much as I was willing about what might happen next. I also gave him some ideas about how he could help when we went to trial if he was willing to participate. Gloria wanted him to be there, if only so he could relate the day’s events to her over a cocktail. She simply couldn’t bear the thought of sitting in a musty old courtroom all day.
When Gloria excused herself, Duke said, “I appreciate the introduction to Cheryl. She is one fine woman. But don’t mention her in front of Gloria. That woman wants all my time.”
I tried without total success to stifle a laugh. “My lips are sealed but be careful. I wouldn’t cross either one.”
Gloria soon returned, and we spent the rest of lunch talking about strategies to get access to David. I wasn’t sure how much David wanted to see his mother, but I understood her need to see him.
Clovis excused himself to take a call. When he returned, he was grinning from ear to ear.
“What’s so funny?” I asked.
“You wanted a jury trial? Well, you got one. Court convenes Monday at nine a.m. sharp.”