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PostPosted: Sat May 21, 2011 10:54 am 
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It appears the court doesn't like SC's method of 1 filing and 30 defendants.... that makes the filing cost less than $20 per pigeon.

The court filed on May 5th an order to Show Cause why this suits shouldn't be broken into individual lawsuits (at a filing fee of $350 each instead of 20-30 for $350).

The Court said:
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SHOW CAUSE ORDER

Permissive joinder allows multiple defendants to be joined in one action if the right to relief arises “out of the same transaction, occurrence, or series of transactions or occurrences” and “any question of law or fact common to all defendants will arise in the action.” Fed. R. Civ. P. 20(a)(2). The Court, sua sponte, “may at any time, on just terms, add or drop a party” who is misjoined. Fed. R. Civ. P. 21.
Here, Plaintiff has asserted claims against nearly two score defendants. While common question of law may predominate, there is no indication that there are common facts which tie these defendants together.

Rather, the “transactions, occurrence, or series of transactions or occurrences” which allegedly subject defendants to liability appear to have occurred independently and at different times and locations throughout the state. In practical terms, it would be impossible to try a case in a situation such as this.

Plaintiff shall show cause not later than May 20, 2011 why the claims against the disparate defendants should not be dropped, severed in favor of separate trials, and/or transferred to the appropriate district.


So the court is hot on their M.O. and I can only hope that it is determined to divide these actions... there will be a lot less "mistakes" this way.

If you'd like to read SC's "Answer to Show Cause" I've conveniently (see Skid? This is convenience.) acquired at my own expense, a copy of their answer to the court in the form of a 6-page declaration from Kurt himself that accompanies the 20-page "whine-fest" answer.

The link below is a zipped file containing BOTH of these documents:
http://dkusa.com/CHB/SCAnswer.zip

You're welcome....


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PostPosted: Sat May 21, 2011 12:58 pm 
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reading it, to me it appears SC makes a good case and has noted many other cases that work this way. but we will just have to wait and see.
who's bringing the popcorn? :lol:

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PostPosted: Sat May 21, 2011 2:22 pm 
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Thank you Chip. This is informative.

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PostPosted: Sat May 21, 2011 2:48 pm 
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Paradigm Karaoke wrote:
reading it, to me it appears SC makes a good case and has noted many other cases that work this way. but we will just have to wait and see.
who's bringing the popcorn? :lol:


I don't think it's gonna fly no matter how many other cases they noted. Primarily because new case law (this year) out of New York smashed this same method of "Mass Suits."

AND... if you'll notice, this order to show cause was NOT initiated by any of the defendants in the case by way of a motion or anything else - it was brought about by the court itself. It looks as though the court is aware of this new case law and simply darn tired of plaintiff skirting the filing fees because in this kind of case, the plaintiff treats each defendant like a new case and the court simply has to work 20 times as hard.

If they want to have 20 defendants, then they should all be subject to the same end result and not dismiss that one, default this one, settle with that one, etc..... That is treating it like 20 cases and not the single filing.

There is a difference between suing all the participants in file sharing "club" as a single case and simply suing the general population because they might be file sharing as a single case...


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PostPosted: Sat May 21, 2011 3:06 pm 
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I'll bring the popcorn and soft drinks.....bring your own booze

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PostPosted: Sat May 21, 2011 5:10 pm 
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Chip called it a "whine-fest" (yawn). I'll bring the cheese. :lol:

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PostPosted: Sat May 21, 2011 6:24 pm 
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MtnKaraoke wrote:
Chip called it a "whine-fest" (yawn). I'll bring the cheese. :lol:


Can I just cut the Cheese???? :twisted: :twisted: :twisted: :twisted:


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PostPosted: Sat May 21, 2011 7:42 pm 
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No Cue, definitely not. I believe you are still banned from Richmond. LOL.

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PostPosted: Sat May 21, 2011 9:11 pm 
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timberlea wrote:
No Cue, definitely not. I believe you are still banned from Richmond. LOL.

And three other states.


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PostPosted: Sat May 21, 2011 11:36 pm 
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kjathena wrote:
I'll bring the popcorn and soft drinks.....bring your own booze

You'll have to ask your contacts (down there) to ask their contacts (up here) if this is a drinking horse too. (and whether or not it is still in the race. )


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PostPosted: Sun May 22, 2011 3:11 am 
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enough with the damned horse!!!!
now you got me upset and cut the cheese myself.
who's idea was it to feed me chili?

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PostPosted: Sun May 22, 2011 6:22 am 
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I really don't know why Athena is so concerned with the horse, anyway. Everyone can clearly see it's dead. I wish she'd stop beating the poor thing.


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PostPosted: Sun May 22, 2011 8:45 am 
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That's just lovely.....

#1. Rumor has it my horse is dead? (did anyone inform the horse of the current status?)

#2. Paradigm Karaoke is so upset he's eatin' chili and cutting cheese.... (no doubt like a chainsaw).... He'll be standing by Cueball in no time flat...

BTW Paradigm,
Are you sure it was your cheese and not an unauthorized copy of Cueball's cheese?

Do you have a receipt for the cheese or the chili?


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PostPosted: Sun May 22, 2011 1:12 pm 
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Athena has not brought up the horse in a while, Chip keeps beating it.
gonna have to take my word on the cheese, i doubt Cue will desire to audit the smell of my cheese (chainsaw....funny :lol: ) against his for verification of authenticity. hell, i offend myself on occasion.
wow, this took a turn to the gross.

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PostPosted: Sun May 22, 2011 3:03 pm 
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Paradigm Karaoke wrote:
Athena has not brought up the horse in a while, Chip keeps beating it.


I can't be beating it.... Athena hasn't reported on whether there is even a "horse in the race" to beat in the first place.

She wants to trash credibility with unfounded and unsubstantiated rumor, offering to be the one to do the "investigative work" to either prove or disprove whether a horse exists at all. Okay, fine. Pony up (pun intended) with the information, I'm still waiting.

And I'm waiting for Wall Of Sound's "train wreck" and it seems like it's been nothing but smoke... not even a mirror in sight.....

Figures..

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PostPosted: Sun May 22, 2011 3:23 pm 
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Thanks all I needed a good laugh for today now exactly what is this post about? I forgot with all the dead & smelly conversation.

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PostPosted: Sun May 22, 2011 6:42 pm 
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I'm going to ask Athena publically to stop sending creepy private messages to my husband about her interest in stalking him.

This has gone far enough.

You need to stop.

Birdofsong

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PostPosted: Sun May 22, 2011 7:09 pm 
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She never calls anymore.. :bawling:


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PostPosted: Sun May 22, 2011 7:47 pm 
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c. staley wrote:
And I'm waiting for Wall Of Sound's "train wreck" and it seems like it's been nothing but smoke... not even a mirror in sight.....



Has nothing to do with you Chip....

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PostPosted: Sun May 22, 2011 9:57 pm 
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Whatever....

They'll even be more limited soon enough.

Got an interesting email today..... (tick-tock, tick-tock).....


still waiting on your information as well Chip.
you posted yours before Wall posted, so you first.

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