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prohibited from being probed and examined, the people involved
under oath need to testify as to the illegal nature of the
investigation.
The
deposition here is going to be inadmissible. The statute of
limitations on civil fraud claims in Montana, which is three
years, is three years from the date the deposition was taken.
If the deposition was taken in Montana, it is not relevant in
the Eastern District of North Carolina, and the statute of
limitations, if the claims do not fall under the discovery
rule, is three years after the discovery of the fraud. The
limitations period would have passed if the Plaintiff had
served his complaint within the three years. The Plaintiff did
not serve the complaint within the three years. The Court,
upon motion by the Plaintiff, can set aside the statute of
limitations as to his criminal charges, but the Plaintiff must
still meet the three year limitations period. If he cannot,
the charges will be dismissed.
The
Plaintiff does not even have a claim against the individual
named defendants. It is more than clear the Plaintiff cannot
meet the amount in controversy requirement for diversity
jurisdiction. The Plaintiff must establish that the matter in
controversy exceeds the sum or value of $75,000. It is simply
not in controversy. If the Plaintiff was unaware of the
investigation until the time of the deposition, the Plaintiff
would still be barred by the statute of limitations.
I
would also note that the Defendants have not sought any
sanctions. The Plaintiff has been warned he is a boor. I
suggest, Mr. Welling, that you do something other than
assist the Plaintiff to bring this suit. If you have
discoveries of fraud in this case, you have certainly be359ba680
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