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Correction to dietary supplement story: not trial, but still vital

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(Tony Isaacs)

 

Correction:  Instead of the trial I originally reported, the action

set for this coming Wednesday involving Ben Taylor and Utopia Silver is

actually a hearing - albeit a vital one that could bring a trial date

that much closer.

 

At the last meeting before a judge in Austin, the judge threatened

that he was going to set a trial date and tried to first intimidate

and then coerce Ben Taylor to agree to a trial. Mr. Taylor refused to

agree, since in doing so he would be in effect entering into a contract

to agree to the court's jurisdiction. At one point a bailiff was

summoned with the clear implication that Mr. Taylor might be

arrested if he failed to agree. Ultimately, the judge commented " Mr.

Taylor we have a problem here - this system operates under fear and you

don't appear to have any. "

 

Instead of setting a trial, a hearing was set to determine a date for

interrogatories and discovery as well as inspections and sanctions -

all of which are slippery grounds and the next step towards a trial,

which appears inevitable unless Mr. Taylor agrees to knuckle under,

something he has assured he will not do.

 

The good news is that there is more time to organize support, which I

intend to do and encourage others to join me. The bad news is that the

State appears determined to go forward with their actions and the

hearing is one whose actions and decisions will be frought with risk.

 

As an interesting note: Some astute legal observers believe that the

failure to set a trial is because of the merits of the question of

jurisdiction that has been raised.

 

Tony

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