Judge approves $225k payment plan for Hoboken man’s SLAPP suit legal fees

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A Hudson County Superior Court judge approved a $225,757 payment on Friday, which will be paid off in installments, for the legal fees a Hoboken man involved in a SLAPP lawsuit with two local bloggers.

“Well, this is, this is the hearing … right now. I mean I’ve submitted, do you intend to afford anything other than statements submitted by way of certification?” Judge Barry Sarkisian asked attorney Thomas Flinn, who is representing Lane and Kim Cardinal Bajardi in a failed $2 million defamation case against two well-known Hoboken bloggers.

Flinn had previously suggested that he was expecting a future court date where the judge would decide on what sort of payment plan, if any, the Bajardis would have to pay to Mark Heyer – a Hoboken resident who got caught up in the legal battle simply by commenting on Hoboken blogs and/or news stories.

The Bajardis had previously argued that Roman Brice, who operates Hobokenhorse.com, Nancy Pincus, better known as Grafix Avenger, Heyer and 10 other unidentified defendants had defamed them by printing disparaging remarks in the heat of Hoboken political spats.

Both Lane and Kim Bajardi had been public supporters of former 2nd Ward Councilwoman Beth Mason.

As a result of Hudson County Superior Court Judge Patrick Arre’s July 8th ruling, the Bajardis are on the hook for $277,000 in legal fees related to the case – which he referred to as “a SLAPP-suit disguised as a defamation case involving weighty issues of constitutionally protected First Amendment political free speech.”

In this context, a SLAPP suit is defined as a strategic lawsuit against public participation.

On February 11th, Sarkisian submitted an order directing entry of judgment for the Bajardis, asking them to pay Heyer the $225,757 they still owed him.

Additionally, Pincus is owed $26,033, Brice is owed $22,687 and the 10 screen name defendants and Heyer are collectively owed $2,200.

While Flinn argued that personal information pertaining to the Bajardis bank accounts would become public record, Michele Daitz, the attorney representing Heyer, argued that information could be redacted in a matter of minutes – a sentiment the judge agreed with, insisting the situation be remedied immediately.

Ultimately, Sarkisian’s order granting motion requiring installment payments asked for Bajardi to pay 25 percent of his net income – equaling out to $453.71 a week or $907.42 biweekly.

The checks will be made out to Flowers & O’ Brien, LLC, the Hoboken law firm Daitz works for, beginning on or about March 18th, Sarkisian ruled on Friday.

Daitz simply stated “we are very pleased with the court’s decision,” while Flinn declined to comment after the hearing on Friday afternoon.

7 COMMENTS

  1. Never would have been in this position if the couple had not gone down this road of vindictiveness. They may owe even more money if the Bloggers pursue a SLAPP back suit.

    Given the many threats this couple would hit people with over the years and the articles (assault pieces) they wrote with 411 it’s impossible to have any sympathy for them today.

    Didn’t assilem promise to provide assistance for this couple? Be sure to send a check to Flowers & O’ Brien, LLC

  2. Time to crack open the checkbook Lane & Kimmy! Yeah, maybe Mel B will follow up on her announced support for frivolous lawsuits in Hoboken. Always good to stand up for corruption and abuse of the courts!

    Well Carmelo’s gone to ground. Anyone have luck getting comment on this development from Beth and Ricky? Are they in hiding in the same bunker with Carmelo?

    Oh look at the vid, little Lane doesn’t want to testify how he’s too destitute to pay a nickel for his and wifey’s frivolous lawsuit anymore. He’s suddently camera shy.

    Karma comes in many forms. So Beth, Ricky, Lane and Kim please, enjoy!

  3. Last week was a good week for reform. First Garcia buddy Campos indicted for Car Insurance Fraud via straw man purchasers and then Bajardi has to pay for his frivolous and fraudulent lawsuit attacking free speech via SLAPP lawsuit. Asikem’s head must be spinning around. The facts are there and justice is being served. Such a tasty dish.

  4. BTW, this settlement is just one reimbursement of legal fees, not damages. A certain Hoboken couple has a lot more lawsuits coming their way, and it ain’t gonna be pretty.

    • They are going to owe even more money after they are SLAPPED back by every defendant that was named in their initial complaint.

      Can’t believe they turned over all of those damaging emails willingly to pursue this frivolous suit. Those emails pretty much where the final holes in the sinking ship known as Beth Mason’s political career. Well done litigious couple

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