Lolcow Melinda Leigh Scott & Marshall Castersen - Sue-happy couple. Flat earth conspiracists. Pretending to be Jewish. Believes Kiwi Farms is protected by the Masonic Order. 0-6 on lawsuits.

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Useful_Mistake

Exhibit in a fight between a Jew and Anti-NZ Dog.
True & Honest Fan
kiwifarms.net
Oh, nice! I'm just 20 minutes into today's Mad at the Internet, Josh mentioned Virginia not having a vexatious litigant rule and I was thinking about this.
It does via caselaw, though, such as Graham v. Riddle, 554 F.2d 133, 135 (4th Cir.1977) or Tucker, Jr. v. Sergeant SEIBER 17 F.3d 1434 (4th Cir. 1994) which sets out clear rules to follow when trying to stop vexatious litigation via things like prefilling injuctions. Josh is right in the sense that VA has no vexatious litigant statute, although courts (federal and not) long held (in VA and outside) that they had the power to declare vexatious litigation, and stop it.
Null's latest filing (yesterday) appears to be exactly that.
I disagree. You are correct in saying it looks like a prefiling injuction, but it really isn't. For one, Null is only asking the court to make Mel obey the rules of app procedure. For two, Null only wanted it to apply to notices of appeal, nothing else was mentioned. To me it seems like nothing else than a request to the court to enforce it's own orders.
Is there any chance of getting the court to apply a pre-filing injunction against her, a la Dora Adkins?
It is possible, yes. I don't think it's likely, though.
 

Useful_Mistake

Exhibit in a fight between a Jew and Anti-NZ Dog.
True & Honest Fan
kiwifarms.net
@Useful_Mistake since you appear to be very smart, will the judge be pissed off that the clerk tried to be clever by sidestepping the judge's ruling over a minor technicality (the not saying revoke part)?
Judges tend to not like their authority be stepped on, and this judge is a 60 year old woman, so, yeah, I'm gonna say she's not gonna be happy one bit.
 

Sheryl Nome

Listen to my song
kiwifarms.net
The worst part about this is that the clerk of court certainly feels like they're doing the right thing and that dang dirty judge was too mean to this pro-se litigant.
 

Useful_Mistake

Exhibit in a fight between a Jew and Anti-NZ Dog.
True & Honest Fan
kiwifarms.net
Melinda can't take no for an answer. She's appealing the motion to grant time for Josh to btfo her for fees as well as the order for her to post an appeal bond.
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Another doc

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Kosher Salt

(((NaCl)))
kiwifarms.net
I'm probably just dumb, but is there some way to look up the appellate court's case docket on CourtListener? I've tried putting 21-2006 and Fourth Circuit into the search and it just wants to give old cases.

Nick was showing an appellate Motion to Dismiss, and since it's in the appellate court it's not available on the District court's docket.
 

Useful_Mistake

Exhibit in a fight between a Jew and Anti-NZ Dog.
True & Honest Fan
kiwifarms.net
I'm probably just dumb, but is there some way to look up the appellate court's case docket on CourtListener? I've tried putting 21-2006 and Fourth Circuit into the search and it just wants to give old cases.

Nick was showing an appellate Motion to Dismiss, and since it's in the appellate court it's not available on the District court's docket.
Yes there is. When something is filed on her appellate case docket and not her original case docket, I believe RECAP archive will allow to put the appellate docket in Courtlistener. As is, there really isn't anything in her appellate docket yet, AFAIA
 

Spectre_06

My views do not reflect the Kiwi Farms in any way.
Person of Interest
kiwifarms.net
I'm probably just dumb, but is there some way to look up the appellate court's case docket on CourtListener? I've tried putting 21-2006 and Fourth Circuit into the search and it just wants to give old cases.

Nick was showing an appellate Motion to Dismiss, and since it's in the appellate court it's not available on the District court's docket.
It's in federal court so when a docket starts, I can check PACER like I do other cases (like the Preston poulter one). But as someone else said, RECAP could be a good option when it proliferates a docket.
 

Kosher Salt

(((NaCl)))
kiwifarms.net
Yes there is. When something is filed on her appellate case docket and not her original case docket, I believe RECAP archive will allow to put the appellate docket in Courtlistener. As is, there really isn't anything in her appellate docket yet, AFAIA
It's in federal court so when a docket starts, I can check PACER like I do other cases (like the Preston poulter one). But as someone else said, RECAP could be a good option when it proliferates a docket.
There's a motion to dismiss. Nick showed it.

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Maybe RECAP/CourtListener just hasn't picked it up yet.
 

Useful_Mistake

Exhibit in a fight between a Jew and Anti-NZ Dog.
True & Honest Fan
kiwifarms.net
There's a motion to dismiss. Nick showed it.

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Thanks for pointing it out. Docs

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Docket so far:
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Maybe RECAP/CourtListener just hasn't picked it up yet.
That's not how it works. When you buy something from Pacer, Recap simply sends another copy to the courtlistener. I assume maybe it got bugged or whatever?
 

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