California Case Update

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jadmperry said:
The other alternative that I could see would be dismissal without prejudice (though, for reasons of judicial economy, I think this is not a first alternative). However, I do think dismissal with prejudice is definitely on the table.
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Just out of interest, what is the difference between without prejudice and with prejudice?
 
When determining whether to dismiss an action pursuant to Rule 41(b), the Court weighs the following factors:

(1) the public's interest in the expeditious resolution of litigation;
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Dear court / judge,

In case you may like to gauge the level of public interest of the expeditious resolution of this ridiculous litigation, I'm pretty sure we can rally up hundreds of people, if not thousands, for that purpose. All we need is to hear the word GO! (y)
 
Clickfinity said:
Just out of interest, what is the difference between without prejudice and with prejudice?
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With prejudice means it cannot be refiled (it is a final judgment). Without means they could have at it again- but, strictly speaking, this won't be a "do over." The same judge would likely get the case back and on the second go round.

However, I may have been too simplistic in my explanation. The defendant's have moved for involuntary dismissal (which would result in a with prejudice dismissal and award of costs/attorneys fees). The ruling will be either a grant or a denial of this motion. But, the court's decision will be strengthened (for want of a better term) if it considers less harsh measures. I tend to think that if a dismissal without prejudice would come (which I don't think it would- I think you would get either a grant of involuntary dismissal, or strict orders for compliance with non-compliance followed with grant of motion for involuntary dismissal... the court would likely just explain how and why it considered- and then rejected a dismissal without prejudice), it would not be under Rule 41, but under the court's inherent power to manage its own cases and have compliance with its orders. This would give the judge more flexibility in fashioning the court's order.

I definitely don't think that a situation will come about where IB can worm out of this and then re-file. As I write this, it seems both really simple to me that this is the case, but also difficult to explain fully. I see no chance of a quick dismissal followed by refiling.
 
jadmperry said:
My initial look at cases on appeal to the Ninth Circuit show a majority of the case affirm dismissal if the District Court orders it.

"The district court may dismiss an action for failure to comply with any order of the court. See Fed. R. Civ. P. 41(b). A trial court's dismissal under Rule 41(b) will not be disturbed unless we have a "definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors." Ferdik, 963 F.2d at 1260.

Price v. United States DOJ, 462 Fed. Appx. 694 (9th Cir. Ariz. 2011)"

The one case in my cursory look overturned the dismissal because the trial court did not consider the relevant factors (cited in the motion) for a Rule 41(b) dismissal.

My overall take? It is going to be up to the judge. But, I would not be surprised if either the judge dismisses, but more likely, lays out a stern warning with strict guidelines for IB/counsel for IB to abide by...and if they miss complying with those guidelines/orders, then a 41(b) dismissal may be in the offing. The other alternative that I could see would be dismissal without prejudice (though, for reasons of judicial economy, I think this is not a first alternative). However, I do think dismissal with prejudice is definitely on the table.
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Do you have any legal experience?
 
Thanks to whoever who uploaded the files :) - I'll name you when I can.

I can't really do much right now, it's my induction day as a PHP developer (good lord, that happens?) - but my project managed has lots to say about vBulletin and XenForo :/
 
and i thought i was the only one who checked to see what he was reading :p

fun-its-serious-business-meme-generator-xenforo-is-serious-business-adc414.jpg
 
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Oh, another reason why no one should worry about dismissal without prejudice- the statute of limitations in that case will not have been tolled by the original suit. Therefore, it is unlikely any claims could/would survive on second go round because they would be filed outside of time. Sorry for forgetting to write that...its been a long day/night here.
 
So, now that it was updated, is this going to get a lock again, since the info was added and nothing else will be for a bit?

--hopefully not.
 
Mert said:
Hopefully we will all receive great news on my birthday , come on judge , give me the best possible birthday present :)
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It also may happen that you will get served soon...
So, I would wait before starting the personal fireworks. :-)
 
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