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October 25, 2016, 06:25:59 AM |
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Say it ain't so https://en.wikipedia.org/wiki/Voluntary_dismissalVoluntary 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
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truckinusa
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October 25, 2016, 06:43:27 AM |
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Say it ain't so https://en.wikipedia.org/wiki/Voluntary_dismissalVoluntary 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.
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October 25, 2016, 02:16:22 PM |
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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.htmlThere 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.
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October 25, 2016, 02:42:05 PM |
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Pretty simple explanation of the how's and why's including http://www.wikihow.com/Seek-a-Voluntary-DismissalYou 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.”
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bitpop
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October 25, 2016, 03:59:15 PM |
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They got paid off and didn't care about the rest
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rdewilde
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October 25, 2016, 04:04:33 PM |
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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.htmlThere 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.
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RoomBot
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October 25, 2016, 10:04:16 PM |
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Say it ain't so https://en.wikipedia.org/wiki/Voluntary_dismissalVoluntary 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.....
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suchmoon (OP)
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October 25, 2016, 10:25:05 PM |
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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?
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o0o0
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October 25, 2016, 10:34:25 PM |
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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?
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suchmoon (OP)
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October 25, 2016, 10:38:13 PM |
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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.
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RoomBot
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October 25, 2016, 10:41:58 PM Last edit: July 26, 2017, 10:46:09 PM by RoomBot |
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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.
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suchmoon (OP)
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October 25, 2016, 10:46:28 PM |
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Let's see how this shakes out over the next week or too. Even for experienced intertubes lawyers such as ourselves ![Grin](https://bitcointalk.org/Smileys/default/grin.gif) 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.
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October 25, 2016, 11:10:18 PM |
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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 ![Cheesy](https://bitcointalk.org/Smileys/default/cheesy.gif) 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! ![Cheesy](https://bitcointalk.org/Smileys/default/cheesy.gif)
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Phildo
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October 25, 2016, 11:31:30 PM |
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Has Garza been responding at all?
Does this allow them to go through against Fraser without having to wait for Garza?
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October 25, 2016, 11:48:12 PM |
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damn ![Shocked](https://bitcointalk.org/Smileys/default/shocked.gif) 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) SECORDER. 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 SEChttp://www.ctd.uscourts.gov/content/jeffrey-alker-meyerClass Actionhttp://www.ctd.uscourts.gov/content/michael-p-sheaAs if these two don't play golf together [ or swap wives? on the weekends ![Cool](https://bitcointalk.org/Smileys/default/cool.gif) ] 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
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suchmoon (OP)
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October 26, 2016, 12:21:35 AM |
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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.
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RoomBot
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October 26, 2016, 12:32:14 AM |
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damn ![Shocked](https://bitcointalk.org/Smileys/default/shocked.gif) 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) SECORDER. 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 SEChttp://www.ctd.uscourts.gov/content/jeffrey-alker-meyerClass Actionhttp://www.ctd.uscourts.gov/content/michael-p-sheaAs if these two don't play golf together [ or swap wives? on the weekends ![Cool](https://bitcointalk.org/Smileys/default/cool.gif) ] 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_calendarsWell done, thanks! Totally explains why GAWSuit yanked the losing idea out of Texas & over to CT.
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truckinusa
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October 26, 2016, 06:24:57 AM |
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The calendar just isn't updated? Still showing date on the 11/02/16
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October 26, 2016, 10:28:32 PM |
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Uncle Stu is still being sued....
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suchmoon (OP)
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October 26, 2016, 10:46:44 PM |
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The calendar just isn't updated? Still showing date on the 11/02/16
I think the conference is still happening, just without Homero.
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