Anyone wrote:Updates [September 4]:https://www.courtlistener.com/recap/gov.uscourts.mad.207020/gov.uscourts.mad.207020.30.1.pdf
TL;DR
The refrain of those who will not learn, who expect others to do the heavy lifting to explain. If I were asking Anyone for a response, then it would be my responsibility to engage Anyone's attention. But I have not asked that. Nor did Jones Day ask for Anyone's attention, and we don't even know who Anyone is, so why should we or anyone care about what this user did not read? But the user did at least quote the section headers.
1. PLAINTIFF FAILS TO PLAUSIBLY ALLEGE DEFAMATION
2. PLAINTIFF FAILS TO PLAUSIBLY ALLEGE CIVIL CONSPIRACY
They are asking for dismissal with prejudice and no opportunity to amend. From ample precedent, they will not get that, so why do they ask for it? It's dilatory and unlikely to impress the judge, and I could ask for a hearing, and then I get to work my magic in presence. What they may get if the pleadings are actually inadequate is that the judge will create a deadline by which I must amend the complaint, or it will be dismissed. That's usually three weeks, and I can ask for more time. Looking at actual dismissals, the plaintiff did not request or file amendment timely.
To answer my question, my suspicion is that they filed it because they advised the client that the motion to dismiss might fail, and then the case goes into discovery, and the WMF demanded that the DO SOMETHING! They are Jones Day and I'm sure they gave good advice to the client, and I suspect the client is not taking the advice. (Which I think would have been, very early on, to negotiate and settle. That is what good attorneys almost always advise. A clients often have some other agenda and ignore that advice, which is their right. Jones Day would never admit what they privately advise. Nor could I get discovery on that, under any condition I can imagine.)
3. PLAINTIFF’S INTENT TO REQUEST LEAVE TO FILE A FURTHER AMENDED
COMPLAINT IS IMPROPER AND FUTILE
This is truly hilarious. The waste the time of the court complaining that I have an "improper and futile intention." I can request to file anything, and if "improper," the court will reject it. In this case, I have postponed filing a Second Amended Complaint to avoid complicating the record and causing further expense for the WMF, because a SAC would make the MTD moot without ever coming to a determination on the basic questions about the allegedly deficient pleadings. So I prefer to wait. They have a case they cite which is radically different. Yes, there is an impropriety in my AC. I added defendants without the permission of the court. That is why they have not been served, though the court has not taken notice of this yet. In order to draft and request to file a SAC, I need to take other actions first that have not been completed. It's a process and it takes time. And I have requested the advice of the court "if appropriate."
My purpose has been to keep the process, with a complex case involving many defendants and the WMF, as simple as possible. If I file an SAC which is the same as the AC on the points the WMF attacks, and if the court agrees with an MTD, then I would need to file a Third Amended Complaint (and this would clearly be in order). Deja Vu all over again.
See my [http://coldfusioncommunity.net/wp-content/uploads/31-0.pdf Opposition] to the Request.
The full docket is here.4. For the reasons set forth above and in Wikimedia’s Motion to Dismiss, the Amended
Complaint should be dismissed with prejudice.[/quote]
Dismissal with prejudice and with denial of right to amend, is extreme and quite unlikely. But the claque has been cheering! Those lawyers have blown the case out of the water! He was such a fool to file pro se!
(In fact, I've already been reimbursed for my filing fees and a little more. It's time it takes, that's all, and I spend my time on whatever and learn from it. Always. So far.)
It was such a relief to be banned from Wikipedia (at JzG's instigation, by the way), and I had already almost entirely abandoned Wikiversity as unsafe, which it proved to be later. Wiki disease. Writing elsewhere is (1) much more fun, Quora is fantastic and I get more page views than I ever got on Wikiversity, and people actually support my expenses on the blog. Why in the world would I want (as these trolls imagine) to go back to that Island of Fly-Lords?