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I Wanna See the Courthouse Movie! Updated Schedules, Links to Casefiles

Mr-Wrinkle-Paws

My name's Henry. And you're here with me now
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56,985
"Memorandum of Law in Support of Motion to Stay and for Leave to File an Amended Complaint Proceedings Pending Resolution of Motion to Dismiss and Discovery Sanction Requested in Foreign Proceedings, filed"

What is this?
Put that whole statement in search on google or whoever it sounds like somebody wants to add shit to it, maybe John Does 61-2k
 
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2,394
"Memorandum of Law in Support of Motion to Stay and for Leave to File an Amended Complaint Proceedings Pending Resolution of Motion to Dismiss and Discovery Sanction Requested in Foreign Proceedings, filed"

What is this?
Pretty sure this is just to add whatever findings come from the Cali case such as to why Quasi was released and also the information they got from him regarding the other John Doe's. Could also be to remove the KF stuff.
Put that whole statement in search on google or whoever it sounds like somebody wants to add shit to it, maybe John Does 61-2k
No way the court is going to allow them to add a bunch of other John Does after them not being able to name a single one out of the 60 after 7 months.
 

Mr-Wrinkle-Paws

My name's Henry. And you're here with me now
Forum Clout
56,985
Pretty sure this is just to add whatever findings come from the Cali case such as to why Quasi was released and also the information they got from him regarding the other John Doe's. Could also be to remove the KF stuff.

No way the court is going to allow them to add a bunch of other John Does after them not being able to name a single one out of the 60 after 7 months.
the 61-2k was a joke
 
G

guest

Guest
Put that whole statement in search on google or whoever it sounds like somebody wants to add shit to it, maybe John Does 61-2k

Memorandum of Law in Support of Motion to Stay would probably refer to the 6 month statute in Wisconsin to amend the complaint.

[URL unfurl="true"]https://docs.legis.wisconsin.gov/document/statutes/802.09(1)[/URL]

Amendments. A party may amend the party's pleading once as a matter of course at any time within 6 months after the summons and complaint are filed or within the time set in a scheduling order under s. [URL='https://docs.legis.wisconsin.gov/document/statutes/802.10']802.10[/URL]. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given at any stage of the action when justice so requires. A party shall plead in response to an amended pleading within 20 days after service of the amended pleading unless: a) the court otherwise orders; or b) no responsive pleading is required or permitted under s. [URL='https://docs.legis.wisconsin.gov/document/statutes/802.01(1)']802.01 (1)[/URL]. If a defendant in the action is an insurance company, if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, or if the party pleading in response is the state or an officer, agent, employee, or agency of the state, the 20-day time period under this subsection is increased to 45 days.

They would need leave to amend the complaint after those 6 months. This would be to add the names of the john does once discovered. The memorandum would be case law and arguments as to why this should be allowed.

I'm not sure which motion to dismiss this is. Its the first mention so it wasn't the does/petitioners who drafted it. Perhaps in Wisconsin this means it is automatically filed by the court to dismiss if no one was named within that 6 months since an actual person is required to sue them if they don't amend it then the case is automatically dismissed.


Discovery Sanction Requested in Foreign Proceedings

Would seem to be the language Wisconsin is using to refer to the motion to quash and attorney fee sanctions from SF court.


~~not a lawyer~~
 
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2,394
Memorandum of Law in Support of Motion to Stay would probably refer to the 6 month statute in Wisconsin to amend the complaint.




They would need leave to amend the complaint after those 6 months. This would be to add the names of the john does once discovered. Those the memorandum would be case law and arguments as to why this should be allowed.

I'm not sure which motion to dismiss this is. Its the first mention so it wasn't the does/petitioners who drafted it. Perhaps in Wisconsin this means it is automatically filed by the court to dismiss if no one was named within that 6 months since an actual person is required to sue them if they don't amend it then the case is automatically dismissed.




Would seem to be the language Wisconsin is using to refer to the motion to quash and attorney fee sanctions from SF court.


~~not a lawyer~~
So bascially unless they name someone before the next hearing, this shit is getting tossed?
 
G

guest

Guest
So bascially unless they name someone before the next hearing, this shit is getting tossed?

The memorandum is their argument. From the Wisconsin law

Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given at any stage of the action when justice so requires.

Ashley can decide that "justice so requires" and then they can be granted leave (court saying you can do shit and had a reason to delay)

So maybe...? Who knows he can keep dragging it on if he wants.
 
G

guest

Guest
The language of Rule 15(a)(2) states that the amendment should be freely allowed “when justice so requires.” Most courts have interpreted this language to require them to allow an amendment unless one of the following justifies denial:
(a) undue delay;
(b) bad faith or dilatory motive by the moving party;
(c) repeated failure to cure deficiencies by previous amendments;
(d) undue prejudice to the opposing party; or
(e) futility.

See Foman v. Davis, 371 U.S. 178, 182 (1962) (providing this basic set of factors for denying an amendment).
 
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