Consider the lack of evidence is evidence and federal rule 801 says the unsafe environment needs to be proven by the defendant. And if not, rules apply most favorably for plaintiff. Therefore, lack of evidence is evidence that due process was not followed. I dont see that the motion they striked really hurts me. I am not the one that needed to submit the evidence. They did, and they did not. They did not submit evidence that GSA, FPS or DHS was involved to prove anything, including their lack of evidence all together. And that lack of evidence and rule 801 issue has been addressed in previous oppositions.
Posted on: Sat, 18 Oct 2014 04:49:18 +0000