GAW / Josh Garza discussion Paycoin XPY xpy.io ION ionomy. ALWAYS MAKE MONEY :)

[maildir]

Say it ain't so 

https://en.wikipedia.org/wiki/Voluntary_dismissal

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit

[truckinusa]

Say it ain't so  

https://en.wikipedia.org/wiki/Voluntary_dismissal

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit

Damn, is that it?  Did someone get paid?  No update on gawsuit.com.

[maildir]

That's got me wondering now how exactly it all works

http://ia801502.us.archive.org/26/items/gov.uscourts.ctd.112576/gov.uscourts.ctd.112576.docket.html

There I see only their attempt to certify it as a class action, but nothing about that being accepted to be so.

So what happens if Uncle Stu says to these plaintiffs, okay here's $250,000 each and I will pay your legal bills now fuck off.

The thing was never certified a class action (so it seems), he cuts a deal with the 4 plaintiffs, they cancel the suit against him or is it both?  They get a nice chunk of change, their lawyers get 1.5 their rate, lawsuit cancelled and everyone walks away.  Except all those that thought they were a party to a class action lawsuit.

[maildir]

Pretty simple explanation of the how's and why's including

http://www.wikihow.com/Seek-a-Voluntary-Dismissal

You might want to voluntarily dismiss a lawsuit for a variety of reasons. For example, you might have settled the dispute, or you might want to sue in a different court. In these situations, you can seek a voluntary dismissal by filing a legal document with the court


•You sued the wrong person. You might realize that you named the wrong person as a defendant. You should be 100% sure that the person is not the right defendant before seeking to dismiss “with prejudice.”

[bitpop]

They got paid off and didn't care about the rest

[rdewilde]

That's got me wondering now how exactly it all works

http://ia801502.us.archive.org/26/items/gov.uscourts.ctd.112576/gov.uscourts.ctd.112576.docket.html

There I see only their attempt to certify it as a class action, but nothing about that being accepted to be so.

So what happens if Uncle Stu says to these plaintiffs, okay here's $250,000 each and I will pay your legal bills now fuck off.

The thing was never certified a class action (so it seems), he cuts a deal with the 4 plaintiffs, they cancel the suit against him or is it both?  They get a nice chunk of change, their lawyers get 1.5 their rate, lawsuit cancelled and everyone walks away.  Except all those that thought they were a party to a class action lawsuit.

Pure speculation, and imho false.

[RoomBot]

Say it ain't so  

https://en.wikipedia.org/wiki/Voluntary_dismissal

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit

Damn, is that it?  Did someone get paid?  No update on gawsuit.com.

Not a word since August 13-14. 

Very Garza-like to keep people waiting & hanging.....

[suchmoon]

Of all the possible shitty outcomes giving up without a fight seems like the shittiest possible one... if that's what's going on here.

I wonder if it's dismissed with prejudice - does that mean they can file it again against Garza alone (if the reason for dismissal is that they couldn't build a case against Fraser).

Edit: actually I got it backwards.

Order. The Court notes that the plaintiffs have filed a 52 notice of dismissal of all claims, without prejudice, asserted against Defendant Homero Joshua Garza. The clerk of court is directed to terminate Defendant Garza from the case.

Signed by Judge Michael P. Shea on 10/25/2016. (Howard, H.) (Entered: 10/25/2016)

So they are dismissing Garza for whatever reason and moving on to Fraser? Weird. Will they call Garza as a witness against Stu?

[o0o0]

Of all the possible shitty outcomes giving up without a fight seems like the shittiest possible one... if that's what's going on here.

I wonder if it's dismissed with prejudice - does that mean they can file it again against Garza alone (if the reason for dismissal is that they couldn't build a case against Fraser).

Edit: actually I got it backwards.

Order. The Court notes that the plaintiffs have filed a 52 notice of dismissal of all claims, without prejudice, asserted against Defendant Homero Joshua Garza. The clerk of court is directed to terminate Defendant Garza from the case.

Signed by Judge Michael P. Shea on 10/25/2016. (Howard, H.) (Entered: 10/25/2016)

So they are dismissing Garza for whatever reason and moving on to Fraser? Weird. Will they call Garza as a witness against Stu?

SEC still has their garza case though don't they? This is just shinners garbage. Maybe they can't get money from garza so want to go somewhere where they can... or maybe garza is going to spill beans so they both profit from stu?

[suchmoon]

Of all the possible shitty outcomes giving up without a fight seems like the shittiest possible one... if that's what's going on here.

I wonder if it's dismissed with prejudice - does that mean they can file it again against Garza alone (if the reason for dismissal is that they couldn't build a case against Fraser).

Edit: actually I got it backwards.

Order. The Court notes that the plaintiffs have filed a 52 notice of dismissal of all claims, without prejudice, asserted against Defendant Homero Joshua Garza. The clerk of court is directed to terminate Defendant Garza from the case.

Signed by Judge Michael P. Shea on 10/25/2016. (Howard, H.) (Entered: 10/25/2016)

So they are dismissing Garza for whatever reason and moving on to Fraser? Weird. Will they call Garza as a witness against Stu?

SEC still has their garza case though don't they? This is just shinners garbage. Maybe they can't get money from garza so want to go somewhere where they can... or maybe garza is going to spill beans so they both profit from stu?

The SEC case was put on hold for 6 months, which expires... tomorrow.

ORDER. Pursuant to the Court's telephone conference with counsel, the Court hereby STAYS this litigation for a period of six months. It is so ordered.
Signed by Judge Jeffrey A. Meyer on 4/26/2016.(Oakes, A.) (Entered: 04/26/2016)

Might be related to the above. This must be some sort of legal trickery to let Garza off the hook so that he couldn't delay the SEC case or something... hopefully there is a good reason for all this.

[RoomBot]

OK. This really stinks.

I met a GetHashing insider in person, and he confirmed what I already believed:  that GAWsuit Allen thinks he knows where Garza's offshore $$$ is located and was going after it.

Garza swindled $20m +

Do they really think they can get all of that out of Uncle Stu?

I can't believe Garza slimed out of another mess.

EDIT  @suchmoon  

On the other hand....SEC!  POPCORN TIME!

Let's hope they're adding LOTS of new charges related to PAYCOIN (XPY), CoinStand, PayBase & whatever other scams & crimes they missed the first time out.

[suchmoon]

Let's see how this shakes out over the next week or too. Even for experienced intertubes lawyers such as ourselves it's kinda difficult to figure out what's going on since all we see is PACER. There's a lot more going on behind the scenes but until it's in court records - we have no clue.

[maildir]

Actually that makes the most sense, dismissed without prejudice wipes the slate clean, means they can reboot their case against him at any time there after. SEC case about restart, why not let them uncork his lying trap on their time and dime.  Instead of crowbarring the info out of him in this case, hand him back to the Feds who will tear him a new one each and every day, then take his sworn testimony and all other evidence from that trial, reboot this trial with a winning hand.  Still think there is some back channel going on with this law firm and the SEC, the thing was stayed just as these guys launched their suit. Now this. IF Shinners does have real info about funds offshore it surely can help the SEC if they don't know about it and vice versa. Going by the movies   SEC prosecutor taking a piss in the men's room, in walks the chairman of these plaintiff's law firm, pulls his out and says I'll scratch yours if you scratch mine. Marshall Long of course sitting on the shitter hidden from plain view, shrieks, hey guiz I'll cup yours!  

[Phildo]

Has Garza been responding at all?

Does this allow them to go through against Fraser without having to wait for Garza?

[maildir]

damn  it only just clicked



Class Action

Order. The Court notes that the plaintiffs have filed a 52 notice of dismissal of all claims, without prejudice, asserted against Defendant Homero Joshua Garza. The clerk of court is directed to terminate Defendant Garza from the case.

Signed by Judge Michael P. Shea on 10/25/2016. (Howard, H.) (Entered: 10/25/2016)

SEC

ORDER. Pursuant to the Court's telephone conference with counsel, the Court hereby STAYS this litigation for a period of six months. It is so ordered.
Signed by Judge Jeffrey A. Meyer on 4/26/2016.(Oakes, A.) (Entered: 04/26/2016)

It's the same goddamn court house

SEC

http://www.ctd.uscourts.gov/content/jeffrey-alker-meyer

Class Action

http://www.ctd.uscourts.gov/content/michael-p-shea

As if these two don't play golf together [ or swap wives? on the weekends  ]

How incredibly convenient and unfortunate for any defendant in any case.  All we conviently have to do is monitor this:


http://www.ctd.uscourts.gov/court_calendars

[suchmoon]

Has Garza been responding at all?

Does this allow them to go through against Fraser without having to wait for Garza?

That's a good point too. Garza has been mostly silent, his lawyer returned a signed waiver of service, and then he attempted to get an extension himself but that was a couple of months ago. No word since then.

[RoomBot]

damn  it only just clicked



Class Action

Order. The Court notes that the plaintiffs have filed a 52 notice of dismissal of all claims, without prejudice, asserted against Defendant Homero Joshua Garza. The clerk of court is directed to terminate Defendant Garza from the case.

Signed by Judge Michael P. Shea on 10/25/2016. (Howard, H.) (Entered: 10/25/2016)

SEC

ORDER. Pursuant to the Court's telephone conference with counsel, the Court hereby STAYS this litigation for a period of six months. It is so ordered.
Signed by Judge Jeffrey A. Meyer on 4/26/2016.(Oakes, A.) (Entered: 04/26/2016)

It's the same goddamn court house

SEC

http://www.ctd.uscourts.gov/content/jeffrey-alker-meyer

Class Action

http://www.ctd.uscourts.gov/content/michael-p-shea

As if these two don't play golf together [ or swap wives? on the weekends  ]

How incredibly convenient and unfortunate for any defendant in any case.  All we conviently have to do is monitor this:


http://www.ctd.uscourts.gov/court_calendars

Well done, thanks!

Totally explains why GAWSuit yanked the losing idea out of Texas & over to CT.

[truckinusa]

The calendar just isn't updated?  Still showing date on the 11/02/16

[RoomBot]

Uncle Stu is still being sued....

[suchmoon]

The calendar just isn't updated?  Still showing date on the 11/02/16

I think the conference is still happening, just without Homero.