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Re: SFLC is SOL


From: Alexander Terekhov
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:07:26 -0000

David Kastrup wrote:
[...]
> > This means that the SFLC cannot file a vouluntary dismissal without
> > the permission of Best Buy Inc.
> 
> There is no such thing as "filing an unvoluntary dismissal".  

Uh retard dak.

http://en.wikipedia.org/wiki/Involuntary_dismissal

"Involuntary dismissal is the termination of a court case despite the
plaintiff's objection.

In United States Federal courts, involuntary dismissal is governed by
Federal Rules of Civil Procedure (FRCP) Rule 41(b).

Involuntary dismissal is made by a defendant through a motion for
dismissal, on grounds that plaintiff is not prosecuting the case, is not
complying with a court order, or to comply with the Federal Rules of
Civil Procedure.

Involuntary dismissal can also be made by order of the judge when no
defendant has made a motion to dismiss. Involuntary dismissal is a
punishment that courts may use when a party to a case is not acting
properly. Other punishments are found in FRCP Rule 11, Federal Rules of
Appellate Procedure Rule 38, sections 1927 and 1912 of Title 28 United
States Code, and inherent powers of the court.

Involuntary dismissal bars the case from being brought to court again,
unless the judge says otherwise.

State court rules may be different than the Federal rules and vary from
state to state.

Full Text of FRCP 41(b):

(b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff
to prosecute or to comply with these rules or any order of court, a
defendant may move for dismissal of an action or of any claim against
the defendant. Unless the court in its order for dismissal otherwise
specifies, a dismissal under this subdivision and any dismissal not
provided for in the rules, other than a dimissal for lack of
jurisidicition, for improper venue, or for failure to join a party under
Rule 19, operates as an adjudication on the merits. "

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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