Lawsuit 2018-12-12 - Melinda Leigh Scott v. Andrew Carlson, Joshua Moon, Sherod DeGrippo -

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Vlad the Inhaler

Wallachian Usurper/Fashion Impresario
kiwifarms.net
A court can do a lot on its own motion. It just usually doesn't. It's treating the case like pro se prisoner litigant cases often get treated, although there's a specific authorizing statute (Prison Litigation Reform Act) for those kinds of dismissals.
Por supuesto but if you read the language of Rule 12, it deals with *when* the motion is properly filed (prior to a responsive pleading). All this implicates *defense* filing. You'll notice the court order lacks the language usually found in the first line, such as "this cause, coming to be heard on defense's motion for X, it is hereby ordered and adjudged..." It's not there, because it's actually improper for a court to act as if a proper motion was filed. The court can't advocate for either side. Of course it's not like shit-for-brains is ever going to pick up on that. Judges like to cut red tape too. They just have to be circumspect, because access to the courts is a jealously guarded right in this country. Then again, stupid is as stupid does. And fuck, it's better than getting into diversity jurisdiction and venue.

Did you watch the stream at all? I'm very smug that I predicted a lot of what the judge would say.
Stream? Go on...
 
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AnOminous

do you see what happens
True & Honest Fan
Retired Staff
kiwifarms.net
Por supuesto but if you read the language of Rule 12, it deals with *when* the motion is properly filed (prior to a responsive pleading). All this implicates *defense* filing. You'll notice the court order lacks the language usually found in the first line, such as "this cause, coming to be heard on defense's motion for X, it is hereby ordered and adjudged..." It's not there, because it's actually improper for a court to act as if a proper motion was filed. The court can't advocate for either side. Of course it's not like shit-for-brains is ever going to pick up on that. Judges like to cut red tape too. They just have to be circumspect, because access to the courts is a jealously guarded right in this country. Then again, stupid is as stupid does. And fuck, it's better than getting into diversity jurisdiction and venue.
Courts have numerous tranches of power. There are powers that derive from explicit rules, from statute, from custom, and there are those that derive from the court's inherent powers to control its own docket.

Also, if you were capable of making a coherent argument as to why the court was out of line simply dismissing this on its own, you wouldn't be in the position of your case being thrown out for being completely unintelligible gibberish in the first place.

Did you watch the stream at all? I'm very smug that I predicted a lot of what the judge would say.
I didn't, even though I should watch some of these. They've sounded interesting.
 

Vlad the Inhaler

Wallachian Usurper/Fashion Impresario
kiwifarms.net
Speaking of which, we still have the very real fact that Lolcow, LLC doesn't exist in Florida. Without a successor, you can't sue a non-entity.

Courts have numerous tranches of power. There are powers that derive from explicit rules, from statute, from custom, and there are those that derive from the court's inherent powers to control its own docket.

Also, if you were capable of making a coherent argument as to why the court was out of line simply dismissing this on its own, you wouldn't be in the position of your case being thrown out for being completely unintelligible gibberish in the first place.



I didn't, even though I should watch some of these. They've sounded interesting.
Hence the court's willingness to *bend* the rules a smidge.
 
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AnOminous

do you see what happens
True & Honest Fan
Retired Staff
kiwifarms.net
So if I call her a dumb cunt, am I going to get roped into a lawsuit?
Maybe if you said she had a cunt like a wizard's sleeve. Or maybe said that her twat is so stretched out from the constant reamings that a hobbit could live in there. Or that fucking her is like throwing a Vienna sausage down a wind tunnel.
 

Vlad the Inhaler

Wallachian Usurper/Fashion Impresario
kiwifarms.net
So if I call her a dumb cunt, am I going to get roped into a lawsuit?
Negatory good buddy, doesn't rise to libel per se. It's an opinion. Unless she can prove it has damaged her professionally ($$$) you're good.


Did you watch the stream at all? I'm very smug that I predicted a lot of what the judge would say.
Just did. Catchy tune, legally ZERO! All I caught was "hamdance" and "hambone" over and over.

Maybe if you said she had a cunt like a wizard's sleeve. Or maybe said that her twat is so stretched out from the constant reamings that a hobbit could live in there. Or that fucking her is like throwing a Vienna sausage down a wind tunnel.
Negatory. Libel per se is STD, or she is unchaste. She married 9 guys. All marital "relations"! It's not nice to say those things but they can be construed as protected social commentary, and she'd have a hard time proving you comments could *possibly* have lowered her reputation.

Besides, she'd have to figure how to fucking file a complaint in the first place, and oc course truth is an absolute defense to libel. "Umm, your honor, we will be moving for a medical examination by a gynecologist acceptable to the parties."

apologize for triple sperging
Sperg on, rock star!
 
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An Ghost

Covered in sheet
True & Honest Fan
kiwifarms.net
10 suits and all of them bogus. That is the definition of vexatious litigant. This woman should be legally barred from wasting anybody’s time.
Does money just grow off trees? Why does one waste their money on a fourth lawsuit?!
Fees were waved because it’s easier to pretend this didn’t happen than give Melinda attention.
 
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Blue Jerkop

True & Honest Fan
kiwifarms.net
Negatory good buddy, doesn't rise to libel per se. Opinion, especially supported by fact, you're good...
The question wasn't whether the lawsuit would have merit, just whether he might be roped into a lawsuit. She had zero grounds to sue Null et al but she still did it. The good news is that Null is most vulnerable because his government name is attached to the site and suing user X is more of a headache.

The other good news is that no one takes her lolsuits seriously. She's cried wolf so many times I'm not sure she would have a chance even if she came to court with a real claim.
 
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