rjack wrote: [...] > The S.F.L.C. lawyers are filing repetitive, frivolous, cookie-cutter > complaints > in the S.D.N.Y. where they would never meet the requirements for federal > jurisdiction. Subsequently they voluntarily dismiss the suits prior to the > court > ever reviewing the complaint. > > These tactics are often adopted by pro se plaintiffs who do not have > sufficient > knowledge or facts to prosecute their claims in court. The suits are filed > merely to intimidate and harass defendants. They waste judicial resources and > time. Eventually the courts get wind of these abusive tactics and put a stop > to > them.
To wit: http://williampatry.blogspot.com/2007/01/section-411a-bites-plaintiff-twice.html ------ The dispute involves a rather traditional infringement of architectural blueprints by unauthorized construction of a home based on those plans. Plaintiff sued both the couple who gave the builder the plans, and the builder. The builder moved to dismiss for failure to comply with Section 411(a). Plaintiff stipulated to dismissal of the builder, but then amended the complaint after receiving a registration, adding the builder. The builder again moved to dismiss; the court granted the motion, holding that the relevant jurisdictional fact, which cannot be changed by amending the complaint, is that registration of the copyright had not been made when the complaint was originally filed. Plaintiff then re-filed its complaint; the builder moved to dismissal under FRCP 41(a). The court denied the motion, but sua sponte ordered plaintiff to pay attorneys fees in connection with the prior two dismissals, and to really show its pique stayed the proceedings until the fees were paid up. That was just the beginning of the mess, though, as years of litigation over motions for reconsideration, summary judgment, and appeal to the Seventh Circuit occurred. Ultimately, another $75,000 in fees were awarded in connection with the motion for summary judgment and the appeal. One cannot but wonder whether the final award was influenced by the 411(a) fiasco. ------ regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
