Word Up! Grandma’s speech was brief but complete. Nothing fancy or misleading because the Word was her bible. She had no thesaurus. Big Mama took action. The word Strategy was not listed in her bible but she had a plan. Same! Same! You read the title you got the picture. Grandma’s words would let you off at the curb. At the drop of a dime, she would put you in check and say, “Young lady you got a lot of nerves.” Word! The fire would leak from Grandma’s mouth as she aims for your soul. Some of the grandkids called Grandma, “Big Mama.” Estelle Rogers was her name. She was definitely a dragonslayer with a double edge tongue so sharp you had to check your breath before you wreck yourself. Estelle Rogers didn’t play. Yup! Get ready to cry. Here it comes! Grandma would say, “your tears don’t move me.” As the day lingered on I began to hum Brook Benton’s Rainey Night In Georgia. Words, like lambasted and disparage, was not in the Old Testament or the New Testament of Grandma’s bible. She had no thesaurus. Old Girl would let you know she was going to chew you out. If you felt like a penny Grandma had played you down or criticize you. Same. Same! Big Mama had her way of putting the roof back on the MOFO. When the kiss landed on your forehead from the O.G. you felt like the old Black Cabbage Patch doll that was once in demand.
Grandma’s NO meant NO. She could flip the script and never physically spanked any of the Grandchildren. Feel the pressure. Feel the burn. Rump roast special in the pressure cooker served by Big Mama. Check your rump because it was well done. She would say, *spanking ain’t no good.” She understood words could do a lot of damage. For some reason, Grandma knew if you didn’t understand the meaning of words or how words are used in a different situation it would do a lot of harm. Poor behavior knocks on the door and the people around you don’t want to answer. The word context was not in Grandma’s bible. Same! Same! As I said before she had no thesaurus.
Laying a hand on a child would seal the locks on one’s heart and there would be no resurrection. It would only make a child act worse and hide away with deep depression. Don’t go telling a child, “cause I say so.” She made it clear this was a horrible answer. It would only set the wheels in motion for not holding people accountable out of fear for what a child suffered from their younger days. Grandma said the key is knowing your rights and being able to stand up for what you believed was right. Grandma would say, “We don’t need you starting off in life being beaten down.” Grandma favorite slow jam was Earth, Wind, Fire Keep Your Head To The Sky. Now you know WHY.
Rules meant everything to Big Mama. It was so magical that she understood every child/adult did not understand the rules. Big time consequences happen when you don’t know the rules. You don’t know how to act. Yes, there is great RISK involved. Grandma always tried to protect the crew from players who do not play by the rules, make up their own rules, rig and pick who would decide the outcome of the rules. Grandma didn’t know anything about arbitrators. Her word was watching out for fake A** people who done sold their soul to the devils and will sell you out too. Folks back in the day would say, “You” re as phony as a 2 dollar bill. Notice that piece of currency didn’t go over too well. Every now and then you would run across a 2 dollar bill only to hurry up and pass it off to someone else.
Grandma went to great lengths laying down the law. She would make public service announcements when she made new rules of importance. Promulgate was not in her Bible. She had no thesaurus. Same! Same as broadcast. Grandma hated when someone lied to you and portrayed you as bad. Grandma would say never let anyone spread falsehoods or ruin your honor. You don’t go messing with Granny’s babies right. Disseminate was not her word. Same! Same! She made it clear not to do business with shady people. These people were fishy, suspicious, and things could get malicious. Yes quite nasty as Grandma would say. Nah! dubious was not in Grandma’s Bible. She had no thesaurus. Same! Same! You still were phony as a 2 dollar bill, not to be trusted and you were not a friend.
In Grandma’s house, we all were each others keeper. It was like singing the song off of Empire, Powerful. It felt we were all there singing along with Jussie Smollett and Alicia Keys. In today’s time of 2015, Grandma’s rule would be Federal Rules of Civil Procedures IV. Parties Rule 23_Class Action Lawsuit. It gave the grand-babies more Power when they would stick together. Big Mama said people in life will try to shut you down, kill your voice, say you had no say so you could never come out on another day. Granny exacts word was, “The doors of the church are now open and everyone should have their day in court.” Amen!
Grandma said there are a lot of people with cell phones. Public Action with bad business practices ain’t no good. Look at all the homes with computers. Who reads all that mumble jumble/Fine Print when clicking on that agreement. You want to see the word “Next” or “Continue” to jump onto Twitter or your Facebook page after winning that mysterious free prize. You find yourself sitting in the courtroom next to Campbell-Ewald Co. v. Gomez. Will the Supreme Court give Corporations a free pass on Widespread Harm?
We listen to Supreme Court Justice Elena Kagan’s dissent. It is WRONG, WRONG, WRONG. WRONG to the 3rd degree. Justice Kagen argued and ridicule the majority opinion. Kagen’s viewed the majority should have addressed the central question and found that a SETTLEMENT OFFER can NEVER MOOT a Collective Action (Corporate liability under the Fair Labor Standard Act). Question: Can a settlement offer actually MOOT a collective claim? Justice Kagan argues long as the parties have a concrete interest no matter how small, in the results of the lawsuit the case is not moot. The case becomes moot only when it is impossible for a court to grant any successful relief to the prevailing party. In SYMCZYK individual claim she refused the offer which expired in 10 days. The case went forward. Supreme Court Justice Elena Kagan made it clear “Do Not Try This At Home” because this case can be carried on. Third Circuit Court screwed it up but they had some help. Rule 68.
Somebody just didn’t have any IMAGINATION when trying to resolve an IMAGINARY problem that will affect real-life situations. Just remember moot (debatable, or not worth discussing, serve any purpose, irrelevant). The court decides whether the case becomes moot when it is impossible for a court to grant effective relief to the prevailing party. Remember the Alka Seltzer commercial, Plop! Plop! Fizz! Fizz! Oh, what a relief it is. If you did not get Complete Relief you are back to the drawing board. You don’t feel WHOLE and you are still are ALIVE but a decision has to be made to get you what you need to feel better. Please refer to GENESIS HEALTHCARE CORP. v. SYMCZYK.
1.) an unaccepted offer of judgment cannot moot a case. Laymen terms-whether or not if you take the money, whatever satisfies your needs and will make you WHOLE, or satisfied your case, your case is still ALIVE.
2.) plaintiff (Let’s Get This Party Started) brings the lawsuit and needs Plop! Plop! Fizz! Fizz! Needs Complete Relief_Alka Seltzer Plus. Plaintiff rejects offer no matter how good the terms, her interest in her lawsuit remains just what it was before and so does her ability to grant her relief.
3.) an unaccepted offer is considered withdrawn (shushed up, not communicated) Federal Rule Civil Procedure 68
4.) So assuming the case was alive before because the Let’s Get This Party Started People (plaintiff) had a claim, the courts could grant relief, and the arguments of the claim or lawsuit continued and goes ignored. SYMCZK individual claim was alive and well even though she turned down the offer. Her time ran out. Rule 68 precludes/prevented a court from imposing judgment. Corporation uses this ruling as a strategy to avoid being held accountable to a vast amount of people who are injured along with the plaintiff. This rule is like the movie Terminator. At this point, I feel like singing Mariah Carey’s Make It Happen and Don’t Try This At Home. Visit Georgetown law journal.org/files/2015/03/Girard-Don’tTryThisatHomepdf. Also, visit georgetownlawjournal.org.
Grandma would never like the word Putative. Forget about her bible. The word Suppose would not come out Big Mama’s Mouth. Same! Same! Grandma had no thesaurus and the word dissent was not in her bible. Grandma stood her ground and begin her arguments. Same! Same! Grandma would point out that every person does not have an IMAGINATION. Suppose nothing! Assume What! Rumored Who! Granny knew she had to lay out a concrete format. Drawing inference is very hard for a person who is not Creative. The next question Granny would ask is, “Who in this room need a road map or GPS for a make-believe situation because you have no IMAGINATION? You have problems drawing an inference. You struggle with what is relevant or irrelevant. We can go toe to toe with Black and White because what will be decided in this courtroom from this make-believe situation can affect many people who have been harm by a big corporation in real life events for the rest of their lives.
Over on the FLIP SIDE OF THE CHART (people diagnosed with neurological syndromes) find it is hard when their mind can’t understand abstract information. Applying old information to a new situation is a struggle for people with extraordinary minds, unique abilities, and multi-level learning styles. Old information is overused. Concrete information and factual information given is very beneficial. Rote memory is heavily relied on to work around deficits. See what happens when you can’t imagine and you’re not creative. Opposite end of the Spectrum resembles the Flip Side Of The Chart.
Grandma had a back-pack full of love and carried a lot of spoons for each child.What are Spoons? These were Grandma’s programs. Back in the day, Big Mama didn’t know about diagnosis or list. The grandbabies didn’t come with different VIN Numbers (diagnostic labels). Grandma had her way of identifying each child’s needs. Not one child was treated as a “special needs child.” Yup! All 20 grandchildren had different spoons. Grandma worked it. Remember when Melvin cried, Grandma would take her hairbrush and brush Melvin’s back. He would calm down and fall asleep. Grandma was the Queen of Sensory Integration. She was Jane Ayres before 1976. I was so glad it wasn’t me. The hospital here I come. Lawd! The bristle on that brush was so hard. I always liked soft cuddly things. Everything she made for me was soft and cuddly. Grandma would put a board on Melvin’s cot. How could he stand it? It was just perfect for him. Grandma would gather sand, put it into little bags around Melvin’s ankle. Did it help Melvin? Worked out fine. Melvin had no VIN Number. So when Grandma left the house we did what she did to help Melvin. He was no different from the other 19 grandchildren. He was included in whatever activity. Time was allowed and served if Melvin needed it. No big deal. Melvin was always included and not isolated from the other kids. Grandma loved her CLASS and she took ACTION. All the grand-babies hit the high notes on Powerful. Grandma was a genius. Granny needed the grandkids to stay FOCUS and not get Jacked. She knew some of the grandchildren were impulsive. Grandma strongly felt keeping everyone close would strengthen the bond.
Corporations hold better positions to afford the top guns and expensive attorneys. Grandma’s word would not be litigating but the legal dispute would be on. Same! Same! Individual claims are often too small for each person to go through the expense of fighting their own claim. Class Action Lawsuits are important tools for consumers to collectively vindicate their rights and keep corporation honest holding corporations accountable. Bottom line, Corporation wants Class Action Lawsuits to go away.
Supreme Court Justice Scalia always seems to add insult to injury. Supreme Court Justice Roberts claim federal court Rule 68 don’t need to keep corporations honest and protect consumers, even if corporations like Walmart, Tyson, Campbell-Ewald and many behemoth corporations get away with making settlement offers just to kick consumers out of court. LAWD! Don’t get Gangsta Granny or an arbitrator involved. People get totally blind-sided. You can forget about your day in Court. Supreme Court Justice Roberts stated courts are too busy with a lot of things. Justice Roberts doesn’t realize once Americans Citizens begin to have their day in court, the courts will be jam-packed and busy for all the cases the Supreme court screwed up for lack of Imagination, not updating the laws, siding with a big corporation, and the 158 families who want to control the world. There are so many laws in the constitution that no longer apply in the world we live in today. Outdated judges who fail to evolve tear down the walls of the poor and middle-class rights. They ride on the side where the money lies. Whether or not your case is accepted or rejected, make sure you give Justice Roberts a call and tell him you want him to hear your case because it ain’t over. Dial 1-800-Forget Me_NOT.
If Gangsta Grandma was alive today she would be singing Master P’s song, How You To Do Dat. Yup! I’m talking about Gangsta Granny. Right! Right! She would treat the grandkids like the album cover, Young Bleed. Say something smart and Gangsta Granny would draw blood. Old G would shut you down. Once again Rule 68, The Pick Off and Moot is what attorneys used as a strategy to avoid being held accountable to vast amounts of people who get injured along with the person who filed the original claim. Gangsta Granny and her faulty umpires was a bigger extension of HR in the workplace. If you can’t solve an Imaginary problem and apply it to real life situation, what will happen to a real problem in a real-life situation? Well, guess who is having trouble with their decision-making process. What side of the chart are you really on? She didn’t care to satisfy the whole class of babies. Gangsta Granny wanted to pay off/pick off one grandchild and make promises she knew her Gangsta A** wouldn’t keep.
Gangsta Granny would act like she gave you everything you asked for. She wasn’t leaving no crumbs on the table for no one else. Her goal was to back you into a corner and force you to make a decision. Gangsta Granny did everything to keep the other grand-babies from coming after her. Gansta Granny felt even if the offer was accepted by the grand-baby representing the class it would relieve her of her duties not to be held accountable for the other grandkids that suffered damages too. Gangsta Granny wanted the cased dismissed. There was no more trouble up in the house or as Prince sings CONTROVERSY. The one baby got paid end of story. Not quite! Don’t go asking no Supreme Court judges to hear the case. If the offer had been accepted and the one baby got everything she Completely wanted the case was over. Just can’t make a decision. Rule 68 has no relevance except to the big corporation to avoid being held accountable and rid themselves of Class Action Lawsuits. Take it or leave it. Offer or no offer. As far as the big corporation were concern your case was no longer debatable or relevant and there is no Controversy in the house. Your case becomes moot. Picked off and ripped off. Justice Kagan and her gang are not putting up with this strategy.
Gangsta Granny’s bottom line was to destroy CLASS ACTION LAWSUITS and make sure the person representing the class was out of the way and could not be considered as reliable to gain undeniable certification for a CLASS ACTION LAWSUIT. Gangsta Granny was like one of those bought out umpires who was ready to rig the game to win the Royals World Series. Gangsta Granny carried no bible. She did not have a thesaurus. In this day in the time of the year 2015, she would definitely fit in with the people who were shady Arbitrators. Same! Same! Thank you, Robert Reich, for you wonderful YouTube Video on Lost In Fine Print at youtube.com. It should be mandatory that shady untrustworthy umpires/Arbitrators should always settle their disputes in court under federal law. Any words or disputes going down outside the courtroom shall not be valid or enforceable by Gangsta Granny or Arbitrators. This is WHY the Consumer Financial Protection Bureau is laying down their laws (CFPB) It is Time to pass the Arbitration Fairness Act. This ballgame fight is between Attorneys/arbitrators/Gangsta Granny, big corporations, and the consumers. The Supreme Court ain’t hiding their sins and they need to fix what they messed up. We The People Need Our Day In Court. Gangsta Granny rode alongside with her compadre Chief Justice John Roberts, Justice Clarence Thomas, Justice Samuel Alito, Justice Antonin Scalia.
Grandma Had No Thesaurus. Grandma rode alongside with her homies Justice Elena Kagan, Justice Ruth Bader Ginsberg, Justice Steven Breyer, Justice Sonia Sotomayor. Every now and then she would get the opportunity to ride with Justice Anthony Kennedy. He is the Wild Card depending on the issue and his vote. Justice Kennedy may swing to the liberal or conservative side. For more information visit afj.org. Listen to Alliance for Justice. Free Listening on soundcloud.com
Remember: Corporation need to be held accountable for their INTENTIONAL BEHAVIOR. Corporation tries to buy their way out of Class Action Law Suits by buying out the Plaintiff and later having the certification of the class rejected. Do not let corporation/defendant escape. Corporations need to ACCEPT RESPONSIBILITY for everyone that was harmed by the Company illegal conduct.
Grandma Had No Thesaurus. When you LIED you LIED. The word Fabrication was not in Grandma’s Bible. Same! Same!
Grandma Had No Thesaurus. When you were WRONG you were WRONG. The word Erroneous was not in Grandma’s Bible. Same! Same!
“We Need To Rethink The Way We Think And Accommodate Those Who Process Differently”
Everyone should have their day in court and not be excluded. Let freedom ring with freedom of choice and voice. No case should be left unheard even when corporate is in the corporate wrong. Justice should be heard and not bought