Notice of lawsuit pending vs. certain AutoAdmit posters
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Poast new message in this thread
Date: June 11th, 2007 8:38 PM Author: Learning disabled turquoise haunted graveyard dilemma Subject: Notice of lawsuit pending vs. certain AutoAdmit posters
To the defendants listed below, you are being sued in the United States District Court for the District of Connecticut. The defendants are the persons using the following pseudonyms on the website autoadmit.com or xoxohth.com: Pauliewalnuts; neoprag; STANFORDtroll; :D; :D (Hillary v. Jeb’08); MoreDoughHi; Remember when I said I would kill you last? I lied; lkjhgf; yalelaw; Spanky; ylsdooder; Community Norm; HI; David Carr (Glass of water for Mr. Grainger); vincimus; Beach Body Brady; Cheese Eating Surrender Monkey; Todd Christopher; A horse walks into a bar (saving one CPGWBT at a time); The Ayatollah of Rock-n-Rollah; DRACULA; Sleazy Z; Whamo (Let me lay it on the line, he had two on the vine); Ari Gold; Ugly Women; playboytroll; Get_to_da_choppa; Dean_Harold_Koh. The allegations are as follows: copyright infringement under 17 U.S.C. § 501; appropriation of another’s name or likeness; unreasonable publicity given to another’s life; publicity that places another in a false light before the public; intentional infliction of emotional distress; negligent infliction of emotional distress; and defamation.
The plaintiffs are attempting to serve you with a complaint and summons in a civil action. The text of the summons appears below. So that we may deliver a copy of the summons and complaint to you, please provide your complete contact information to the following email address: drosenlaw@gmail.com.
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SUMMONS IN A CIVIL CASE
CASE NUMBER: 307CV00909 CFD
I. (a) PLAINTIFFS
DOE I, and DOE II
v.
DEFENDANTS
Anthony Ciolli; Individuals, whose true names are unknown, using the following pseudonyms: Pauliewalnuts; neoprag; STANFORDtroll; :D; :D (Hillary v. Jeb’08); MoreDoughHi; Remember when I said I would kill you last? I lied; lkjhgf; yalelaw; Spanky; ylsdooder; Community Norm; HI; David Carr (Glass of water for Mr. Grainger); vincimus; Beach Body Brady; Cheese Eating Surrender Monkey; Todd Christopher; A horse walks into a bar (saving one CPGWBT at a time); The Ayatollah of Rock-n-Rollah; DRACULA; Sleazy Z; Whamo (Let me lay it on the line, he had two on the vine); Ari Gold; Ugly Women; playboytroll; Get_to_da_choppa; Dean_Harold_Koh
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY
David N. Rosen, Esq.
David Rosen & Associates, P.C.
400 Orange Street, New Haven, CT 06511
an answer to the complaint which is herewith served upon you, within twenty days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243886)
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Date: June 11th, 2007 8:45 PM Author: naked karate
THIS SEEMS LEGIT.
This case isn't in pacer, yet. https://ecf.ctd.uscourts.gov/cgi-bin/login.pl
The case no., however, is too accurate to be flame. The highest case no. in PACER is 3:07-cv-00902, for a case filed on 6/8. That makes a new case with 909 a possibility. No flame would be so meticulous as to get the case number right.
The supposed judge on this case (last three letters of case no.) is http://www.ctd.uscourts.gov/droney.htm . The defendants might want to call his clerk to see if this case exists. Edit: or better yet call the courthouse so as not to overwhelm his clerk. He seems to be in the Hartford Courthouse http://www.ctd.uscourts.gov/htfd.htm .
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243905) |
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Date: June 11th, 2007 9:00 PM Author: Adventurous Son Of Senegal Trailer Park
he's listed here:
051235 A DAVID N. ROSEN
(Admitted: 09/23/1969) DAVID ROSEN &
ASSOCIATES,P.C.
400 ORANGE ST
NEW HAVEN, CT 06511
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243979) |
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Date: June 12th, 2007 1:51 AM Author: Azure Point Factory Reset Button Subject: This post, 7 minutes after OP by another unknown poster,
practically shouts flame
"THIS SEEMS LEGIT.
This case isn't in pacer, yet. https://ecf.ctd.uscourts.gov/cgi-bin/login.pl
The case no., however, is too accurate to be flame. The highest case no. in PACER is 3:07-cv-00902, for a case filed on 6/8. That makes a new case with 909 a possibility. No flame would be so meticulous as to get the case number right.
The supposed judge on this case (last three letters of case no.) is http://www.ctd.uscourts.gov/droney.htm . The defendants might want to call his clerk to see if this case exists. Edit: or better yet call the courthouse so as not to overwhelm his clerk. He seems to be in the Hartford Courthouse http://www.ctd.uscourts.gov/htfd.htm ."
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245617)
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Date: June 11th, 2007 11:04 PM Author: Flickering crackhouse partner
"drosenlaw@gmail.com"
LOL!
Solo working from bedroom?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244677) |
Date: June 11th, 2007 8:41 PM Author: copper theatre
pwned.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243897) |
Date: June 11th, 2007 8:48 PM Author: Nofapping feces queen of the night
hi guys! what's going on in this thread?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243919) |
Date: June 11th, 2007 8:48 PM Author: Adventurous Son Of Senegal Trailer Park
uh, btw, this is real. just verified. summons w/o complaint and using expedient service. wow. this is certainly interesting.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243921) |
Date: June 11th, 2007 8:50 PM Author: flushed cruel-hearted step-uncle's house athletic conference
what's happening?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243924) |
Date: June 11th, 2007 8:50 PM Author: ebony dingle berry sandwich
Really good flame.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243926) |
Date: June 11th, 2007 8:50 PM Author: Floppy shitlib casino
Is this like an evite?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243929) |
Date: June 11th, 2007 8:53 PM Author: Self-centered Gas Station Dysfunction
Did he really just ask posters "Help me serve you so that I can sue you in court?" What a ttt attorney (to go along w/ his ttt personality & sense of humor).
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243936) |
Date: June 11th, 2007 8:53 PM Author: insecure home
wheeeee!!!!!
edit: what a dumb fuck. doesnt he realize that email tags are NOT part of the moniker???? jesus fucking christ
edit: where is his attorney ID #?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243937) |
Date: June 11th, 2007 9:00 PM Author: maniacal snowy double fault
:D just shit a brick
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243977) |
Date: June 11th, 2007 9:01 PM Author: Dull Deep Menage
12(b)(2)
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243981) |
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Date: June 11th, 2007 9:29 PM Author: shimmering gaped travel guidebook sound barrier
Some of the posters in that list likely have domicile or presence in CT, and a weak but plausible argument could be made for minimum contacts.
Bottom 25% by any chance?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244153) |
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Date: June 12th, 2007 10:25 AM Author: Violet galvanic brunch
Did you all fail civ pro? D. Conn. really went out there and had a case that held that a website was sufficient for minimum contacts. Not directly on point, but it is in every civ pro book.
Inset Systems, Inc. v. Instruction Set, Inc., 937 F. Supp. 161 (D. Conn. 1996) Sustaining exercise of jurisdiction over defendant where defendant's only contacts with Connecticut were an Internet web site and an 800 telephone number, both of which advertised defendant's services. The web site and 800 number were accessible to anyone with Internet access or a telephone including Connecticut residents.
Not sure if it is still good law, but it is in D. Conn. right?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246193)
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Date: June 12th, 2007 12:07 PM Author: chartreuse very tactful gaming laptop state
the defendants knew HI was in Connecticut when they posted their defamatory remarks. personaljurisdictionpwn3d.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246459)
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Date: June 11th, 2007 9:10 PM Author: insecure home
http://www.ssbb.com/yesjuris.html
for some examples. You are torting someone in CT, they are feeling the brunt of it there, something like that
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244037) |
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Date: June 12th, 2007 12:21 PM Author: chartreuse very tactful gaming laptop state
"The fact that it was read by someone in CT is not enough. This is basic 1L shit."
If that was the only "fact" you'd be right. It's not, and you're not.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246496)
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Date: June 11th, 2007 9:01 PM Author: Stirring light business firm
don't forget AK247
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243987) |
Date: June 11th, 2007 9:04 PM Author: Dull Deep Menage
what if they changed their monikers and then dismissed for mootness
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244008) |
Date: June 11th, 2007 9:09 PM Author: Purple native telephone
Cherminsky said anonymous speech was protected today. Of course he also threw in some shit about state action in there, but fuck that, I'll cite whatever I want to cite.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244036) |
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Date: June 12th, 2007 1:12 AM Author: Zippy Circlehead Lay
Did you catch the part where he said that the first amendment applies only to the government, not to private parties? Or about how defamatory speech is not protected?
Two issues blown in a single sentence. Good luck on the NY bar.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245381) |
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Date: June 12th, 2007 8:52 AM Author: Purple native telephone
1. I said it requires state action so no shit that means it only applies to the gov
2. why are assuming there was defamatory speech?
3. and just in case you were actually serious or thought I was you are a MOTHERFUCKIN RETARD. I was being sarcastic you tard or did you miss the part about "I'll cite whatever I wan to cite."
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246101) |
Date: June 11th, 2007 9:13 PM Author: insecure home
Who else thinks this is the most dangerous type of lawyer possible for our xoxo heroes? assume he will have some internet whizzes in his corner..
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244051) |
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Date: June 11th, 2007 11:14 PM Author: Flickering crackhouse partner
"THIS IS NOT LEGAL ADVICE. I'm sure Rosen has printouts of every post."
You think he electronically edited things in an HTML editor or Adobe Acrobat first to give himself a better case?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244720) |
Date: June 11th, 2007 9:15 PM Author: Dull Deep Menage
e-mail your contact info to DROSEN@GMAIL!!! that sounds legit
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244065) |
Date: June 11th, 2007 9:17 PM Author: Mauve Party Of The First Part Useless Brakes
Why wasn't rach listed as a Def?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244077) |
Date: June 11th, 2007 9:19 PM Author: Adventurous Son Of Senegal Trailer Park
well, if this is flame, it's REALLY fucking good flame.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244085) |
Date: June 11th, 2007 9:21 PM Author: Violent amber plaza
Those girls in the WAPO article?!
I'm guessing, can this actually work?
If it can, why didn't someone like Allison Stokke sue already?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244100) |
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Date: June 11th, 2007 9:26 PM Author: Violent amber plaza
Is there any precedent for this?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244127)
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Date: June 11th, 2007 9:23 PM Author: Crystalline Talking Ticket Booth Black Woman
@gmail???
lulz.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244111) |
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Date: June 11th, 2007 11:11 PM Author: Flickering crackhouse partner
Doesn't that violate the Gmail Terms of Use?
http://www.google.com/mail/help/terms_of_use.html
"Personal Use. The Service is made available to you for your personal use only."
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244706) |
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Date: June 11th, 2007 11:24 PM Author: Ivory curious national
nice.
get his email shut down
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244772) |
Date: June 11th, 2007 9:24 PM Author: obsidian theater stage bbw
If my other moniker is listed in there, even if I haven't done anything anywhere close to wrong or illegal (even by IRL standards), should I just stop posting here? I honestly don't know how they could get a hold of me...I'm thinking I'll just go on the lam.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244115) |
Date: June 11th, 2007 9:24 PM Author: provocative parlour
so, service by clicking on xoxo thread -- might this be the new tubgirl?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244116) |
Date: June 11th, 2007 9:25 PM Author: fishy crawly kitty ratface
lol, the law board is finally going to get its comeuppance.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244120) |
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Date: June 11th, 2007 9:31 PM Author: Mauve Party Of The First Part Useless Brakes
Right. He can just sue John Doe, AKA ...
That's what he has done. He can then use the law suit to discover other's identities. Until he serves each individual poster, though, I doubt this counts as proper service.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244165) |
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Date: June 11th, 2007 9:34 PM Author: Mauve Party Of The First Part Useless Brakes
Right. But that meanst he service is defective as to the other posters.
Right?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244179) |
Date: June 11th, 2007 9:27 PM Author: insecure home
I keep waiting for hte op's moniker to switch to pwn3d
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244134) |
Date: June 11th, 2007 9:27 PM Author: fishy crawly kitty ratface
How fitting that Paulie Walnuts is listed first. And I'll bet :D is right now crying in a corner.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244135) |
Date: June 11th, 2007 9:28 PM Author: Violent amber plaza
I bet everyone except Ciolli is putting their hard drives in microwaves frying them.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244137) |
Date: June 11th, 2007 9:28 PM Author: Vibrant indigo fanboi library
k
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244139) |
Date: June 11th, 2007 9:29 PM Author: obsidian theater stage bbw
We are what we don't see
Missed everything daydreaming
[Chorus]
Flames to dust
Lovers to friends
Why do all good things come to an end
Flames to dust
Lovers to friends
Why do all good things come to an end
come to an end come to an
Why do all good things come to end?
come to an end come to an
Why do all good things come to an end?
Traveling I only stop at exits
Wondering if I'll stay
Young and restless
Living this way I stress less
I want to pull away when the dream dies
The pain sets in and I don't cry
I only feel gravity and I wonder why
Flames to dust
Lovers to friends
Why do all good things come to an end
Flames to dust
Lovers to friends
Why do all good things come to an end
come to an end come to an
Why do all good things come to end?
come to an end come to an
Why do all good things come to an end?
Well the dogs were whistling a new tune
Barking at the new moon
Hoping it would come soon so that they could
Dogs were whistling a new tune
Barking at the new moon
Hoping it would come soon so that they could
Die die die die die
Flames to dust
Lovers to friends
Why do all good things come to an end
Flames to dust
Lovers to friends
Why do all good things come to an end
come to an end come to an
Why do all good things come to end?
come to an end come to an
Why do all good things come to an end?
Well the dogs were barking at a new moon
Whistling a new tune
Hoping it would come soon
And the sun was wondering if it should stay away for a day til the feeling went away
And the sky was falling on the clouds were dropping and
the rain forgot how to bring salvation
the dogs were barking at the new moon
Whistling a new tune
Hoping it would come soon so that they could die.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244151)
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Date: June 11th, 2007 9:30 PM Author: kink-friendly public bath
Don't worry, I'll represent y'all!
Welcome to Legal Aid.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244157) |
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Date: June 11th, 2007 9:42 PM Author: cobalt juggernaut masturbator
they should represent themselves pro se. They'd be better off than having Madcat represent them.
HMFY this is legal advice.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244213) |
Date: June 11th, 2007 9:30 PM Author: adulterous misunderstood spot laser beams
flame potential : 178
flame as executed: 138
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244158) |
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Date: June 11th, 2007 9:31 PM Author: Violent amber plaza
if it's a flame: 180
if not: dark day for xoxo
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244167) |
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Date: June 11th, 2007 9:43 PM Author: cobalt juggernaut masturbator
if it's flame: 180
if not flame: 181
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244220) |
Date: June 11th, 2007 9:32 PM Author: razzle-dazzle piazza ceo
Why are the Plaintiffs listed as Does?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244170) |
Date: June 11th, 2007 9:37 PM Author: Violent amber plaza
The fall of Rome, it began with a dream from the PR board, and ended in flames when some dumbass from YLS decided to post one day.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244188) |
Date: June 11th, 2007 9:37 PM Author: Vibrant indigo fanboi library
"publicity that places another in a false light before the public"
so if i say some random woman is attractive but she's not i can get sued for that?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244190) |
Date: June 11th, 2007 9:38 PM Author: obsidian theater stage bbw
I knew it was bad in high school when I stumbled upon Princeton Review. Noooooooo, I couldn't just look at the fucking rankings...I had to go to the god damn message board...Look what you little bastards have gotten me into!
What are the possible outcomes for this?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244199) |
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Date: June 11th, 2007 9:42 PM Author: milky kitchen
Best post ever.
Seriously, and I've seen posts for years.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244209) |
Date: June 11th, 2007 9:45 PM Author: kink-friendly public bath
Does this even qualify as "service"? Do the mentioned monikers have any affirmative obligation to release their contact information?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244226) |
Date: June 11th, 2007 9:48 PM Author: cracking bespoke tanning salon
@gmail.com? A Harvard educated attorney would have obtained a domain name...
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244248) |
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Date: June 12th, 2007 12:48 AM Author: Hideous location dog poop
Commercial isn't personal.
You seem to think "personal" is a word with no meaning. If that's incorrect, tell us what you think "personal" means.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245243) |
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Date: June 12th, 2007 9:07 AM Author: domesticated blathering wagecucks roommate
I don't think "personal" use = non-commercial use. I think "personal" use = use by yourself and not by some other party.
The reason for this provision is so that the provider can hold whoever agrees to the terms of service to those terms, without an "it wasn't me; it was my brother" excuse.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246110) |
Date: June 11th, 2007 9:49 PM Author: Dull Deep Menage
i believe United States ex rel. Gerald Mayo v. Satan and His Staff, 54 F.R.D. 282 (1971) can be of some help here!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244259) |
Date: June 11th, 2007 9:49 PM Author: Razzle sexy filthpig house
Somehow it is fitting that :D is getting pwned. I just wish AK47 was in that group.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244265) |
Date: June 11th, 2007 9:52 PM Author: 180 newt
shit. there but for the grace of god, and all that.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244282) |
Date: June 11th, 2007 9:55 PM Author: Purple native telephone
Cheese Eating Surrender Monkey is a great name for a defendant.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244294) |
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Date: June 11th, 2007 11:35 PM Author: Awkward set
*Bows deeply*
*Raises middle finger to D. Rosen*
*roflz*
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244842) |
Date: June 11th, 2007 9:57 PM Author: provocative parlour
Just e-mailed Brian Leiter's work addy and phone number to this d00d.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244304) |
Date: June 11th, 2007 9:58 PM Author: twisted seedy gunner
Luckily I have no money or reputation. I'm giddy over meeting my cheerful big titted accuser in court. TYTY!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244312) |
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Date: June 11th, 2007 10:02 PM Author: kink-friendly public bath
Here's hoping they put a lien on your inheritance.
That is, on whatever's left after you are ESTATETAXPWN3D by the new Clinton Administration!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244338) |
Date: June 11th, 2007 10:02 PM Author: razzle-dazzle piazza ceo
What are the going hourly rates for a recent Quinnipiac law grad?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244340) |
Date: June 11th, 2007 10:03 PM Author: Sable stead
What's the worst that can happen in a situation like this?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244343) |
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Date: June 11th, 2007 10:07 PM Author: twisted seedy gunner
Legal fees: $100K
Judgment: $100k
You still have $150K.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244367) |
Date: June 11th, 2007 10:05 PM Author: rose mexican
174
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244357) |
Date: June 11th, 2007 10:06 PM Author: naked karate
Ironic that aznazn isn't a defendant?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244365) |
Date: June 11th, 2007 10:06 PM Author: obsidian theater stage bbw
RyanGA (or whatever his name was) fucking killed a girl, and we get this??? Seems unfair!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244366) |
Date: June 11th, 2007 10:21 PM Author: Mentally impaired den prole
Visit AboutUs.org for more information about DAVIDROSENLAW.COM
Registrant:
Rosen, David
400 ORANGE ST
NEW HAVEN, CT 06511-6405
US
Domain Name: DAVIDROSENLAW.COM
Administrative Contact:
Rosen, David david.rosen@yale.edu
400 ORANGE ST
NEW HAVEN, CT 06511-6405
US
203-787-3513
Technical Contact:
Network Solutions, LLC. customerservice@networksolutions.com
13861 Sunrise Valley Drive
Herndon, VA 20171
US
1-888-642-9675 fax: 571-434-4620
Record expires on 06-Sep-2012.
Record created on 06-Sep-2001.
Database last updated on 11-Jun-2007 22:20:26 EDT.
Domain servers in listed order:
NS75.WORLDNIC.COM 205.178.190.38
NS76.WORLDNIC.COM 205.178.189.38
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244443) |
Date: June 11th, 2007 10:21 PM Author: hyperactive weed whacker water buffalo
The fact that there is a debate over whether this is real or not indicates it is not proper service. You can't post and official document into a message board known for made up schticks, and expect it to be considered seriously. It would end parody.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244446) |
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Date: June 11th, 2007 10:34 PM Author: kink-friendly public bath
To the defendant listed below, you are being sued in the United States District Court for the District of Uranus. The defendant is the person using the following pseudonym on the website autoadmit.com or xoxohth.com: . . . . . .
The allegations are as follows: annoying the FUCK outta me.
I'll see you in court, BE-AYCH!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244509) |
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Date: June 11th, 2007 10:42 PM Author: obsidian theater stage bbw
"names associated with each moniker"
Is there really hard evidence for this?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244563) |
Date: June 11th, 2007 10:38 PM Author: opaque striped hyena friendly grandma
anyone who thinks this is proper service is going to have a tough time on the bar exam...
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244532) |
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Date: June 11th, 2007 10:45 PM Author: opaque striped hyena friendly grandma
and you, sir, are giving legal advice by advising people not to advise people not to give legal advice.
disclaimer: this is not meant to be legal advice.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244574) |
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Date: June 11th, 2007 10:44 PM Author: Adventurous Son Of Senegal Trailer Park
lol. for NY, look up CPLR 308(5):
"Personal service upon a natural person shall be made by any of the following methods: . . .
(5) in such manner as the court, upon motion *without* notice, directs, if service is impracticable [using standard methods] . . . ."
All you have to do then is satisfy due process. Defendants directed their tortious activity to CT b/c they knew HI was there. Then look at burden on plaintiff and defendant. The end. HTH.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244568) |
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Date: June 11th, 2007 11:09 PM Author: opaque striped hyena friendly grandma
even if it were a proper method of service, the form is incorrect. there is no statement of the relief sought.
legal issues aside, the post clearly states "we are *trying to serve you*..." and also conviently asks defendants to please forward their addresses so they can be served a complaint. if this were actually valid service no litigator would ask for an address to serve the complaint to. he would wait until the defendant responded by serving a demand for a complaint or a notice of appearance. after all, he wants the defendant to default.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244700) |
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Date: June 11th, 2007 11:01 PM Author: hyperactive weed whacker water buffalo
Well there is an argument here. This is Mullane notice issue
MULLANE v. CENTRAL HANOVER TR. CO., 339 U.S. 306 (1950). Give it a read. There is some dicta that could be friendly to the plaintiff.
Edit: Not saying that this is good service or notice; it isn't. But there at least a colorable (barely) argument that it is.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244669) |
Date: June 11th, 2007 10:46 PM Author: obsidian theater stage bbw
THIS IS FLAME!
I anonymously (and from a publicly used computer) e-mailed his Yale e-mail. Here is my response:
"I will be out of the office until June 19. I will have intermittent access to email. If you wish to reach our office by email, you may write sadkins@davidrosenlaw.com"
There are e-mail accounts set up at davidrosenlaw.com.
I feel this is fairly conclusive!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244581) |
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Date: June 11th, 2007 10:48 PM Author: Sable stead
If true, this is the best flame ever created.
180, 45, 800, 2400
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244594) |
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Date: June 11th, 2007 10:52 PM Author: obsidian theater stage bbw
G-mail addy is xoxoposter, password is autoadmit
look for yourself.
Also, the auto-reply is from drosen@davidrosenlaw.com
I think we might be in the clear?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244616) |
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Date: June 11th, 2007 11:00 PM Author: obsidian theater stage bbw
Ok, listen. I sent his Yale account (which I guess re-directs to his davidrosenlaw.com account right now) an email from a completely anonymous g-mail account. this account is xoxoposter@gmail. com
Go to gmail, type in xoxoposter in the username, and autoadmit in the password, and you will see his auto-response which completely proves that this is the most elaborate and amazing flame in the history of xoxohth
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244661) |
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Date: June 11th, 2007 11:21 PM Author: obsidian theater stage bbw
It was originally to just e-mail him and hopefully get a response (I wasn't originally going to share the e-mail). I got an autoresponse from an email address that ended with @davidrosenlaw.com
Why would he have us e-mail a free gmail account over something like this when his law firm has a domain of its own that is much more legit?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244759) |
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Date: June 11th, 2007 11:14 PM Author: obsidian theater stage bbw
You're fucking right. I just got back to my home computer and can't access it for some reason. I swear this is right, and if anyone else e-mails his Yale e-mail, this is what they will get. I really have no reason to lie.
Edit: NM, I'm sure someone logged on and changed the password.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244722) |
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Date: June 12th, 2007 10:34 AM Author: Violet galvanic brunch
Based on the history of this board, would you list any email you actually used on it?
gmail is still plausible.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246217)
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Date: June 11th, 2007 11:21 PM Author: Appetizing Massive Potus Field
could be that he wants people to write to his gmail since he's on vacation
?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244753) |
Date: June 11th, 2007 10:47 PM Author: Underhanded marketing idea school
shocker that this guy is a dirty Jew.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244589) |
Date: June 11th, 2007 11:09 PM Author: Fear-inspiring bawdyhouse
I thought service is OK if judge allows it.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244696) |
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Date: June 11th, 2007 11:15 PM Author: titillating church people who are hurt
And a judge approved this why?
Oh and BTW, accepting pro-bono clients for the living fuck of it. anon6356@yahoo.com if you are actually worried about this.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244725) |
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Date: June 11th, 2007 11:21 PM Author: naked karate
Are you licensed in CT and admitted to that court? Even if you're not you might be able to get Pro-Hac Vice.
THIS IS NOT LEGAL ADVICE.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244758) |
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Date: June 11th, 2007 11:25 PM Author: titillating church people who are hurt
I AM NOT YOUR ATTORNEY. THIS POST HAS NOT CREATED AN ATTORNEY CLIENT RELATIONSHIP. PLEASE EMAIL WITH OTHER INQUIRES.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244786) |
Date: June 11th, 2007 11:11 PM Author: Chocolate godawful ladyboy immigrant
What's the theory behind the copyright infringement claim?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244703) |
Date: June 11th, 2007 11:13 PM Author: Comical Outnumbered Famous Landscape Painting Mood
lol
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244716) |
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Date: June 11th, 2007 11:24 PM Author: Appetizing Massive Potus Field
you might be reaching. it's possible he listed his gmail account for whatever reason.
i wouldn't be shocked if this were flame, but right now i kinda think it's real.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244777) |
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Date: June 11th, 2007 11:31 PM Author: Trip Senate Affirmative Action
i actually would be shocked at the mind-blowing quality if this were flame. it would take amazing attention to detail to feign ignorance of board format and include the email tag line in the moniker, and as someone else pointed out on atl it's a sequential case number.
right now, i think i feel like the good germans when the nuremberg trials started.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244819) |
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Date: June 11th, 2007 11:36 PM Author: Appetizing Massive Potus Field
if you're a troll/regular, would you even think to include the taglines? would you be smart enough to make it seem legitimate (i.e., make yourself seem ignorant of board convention) by including :D twice, once with tagline and once without, as if he were two different posters?
maybe. there has been some good flame in the past. but that, combined with the quality of the thing in general, makes me think it's real.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244845) |
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Date: June 11th, 2007 11:47 PM Author: Appetizing Massive Potus Field
first, why don't we avoid calling her a whore from now on?
these are the claims:
"copyright infringement under 17 U.S.C. § 501; appropriation of another’s name or likeness; unreasonable publicity given to another’s life; publicity that places another in a false light before the public; intentional infliction of emotional distress; negligent infliction of emotional distress; and defamation."
i don't know enough about the law or the facts to know whether any of them are valid. can anyone take a stab, for instance, at the "unreasonable publicity given to another's life"?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244894) |
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Date: June 11th, 2007 11:52 PM Author: bipolar locale
So now the internet is the 'public'?
Those are all loaded concepts that are being thrown around. Such cases are notoriously hard to prove.
I have a hard time believing this is real.
Xoxo is a microcosm of the internet. Anonymously authored bile with great information.
If Xoxo goes down, the internet goes down.
Edit: I don't care if you-know-who doesn't like being called a whore. It's my fucking right.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244925) |
Date: June 11th, 2007 11:16 PM Author: razzle-dazzle piazza ceo
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244731) |
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Date: June 11th, 2007 11:30 PM Author: Lavender French Chef Orchestra Pit
Nice, and it only took ~290 posts.
Seems some of our regs are pretty nervous about all of this
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244809) |
Date: June 11th, 2007 11:21 PM Author: Flickering crackhouse partner
Who will be the first to tubgirl Rosen via e-mail?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244757) |
Date: June 11th, 2007 11:35 PM Author: Thriller Hyperventilating Temple
Now this takes it to the next level.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244839) |
Date: June 11th, 2007 11:40 PM Author: shaky voyeur market
Wow. Amazing that an impromptu beauty contest caused all this shit to roll down hill.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244863) |
Date: June 11th, 2007 11:49 PM Author: Jet stage
It's going to be kindof amusing when someone has to explain to the judge that the there are about 3 people behind all those usernames.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244909) |
Date: June 11th, 2007 11:51 PM Author: sapphire beta headpube boltzmann
If this is real, do you suppose whoever had to type that got through the list of monikers without laughing?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244918) |
Date: June 11th, 2007 11:52 PM Author: Duck-like tank property
one of the more amusing flames i've seen in a while.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244919) |
Date: June 11th, 2007 11:54 PM Author: Jet stage
Sorry to double post. But if you guys are seriously worried about this, maybe you should contact Charlie Nesson. He seemed pretty supportive of GTO - maybe he would find the case cool.
Dershowitz is another possibility, but he's more of an appellate litigator IIRC.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244933) |
Date: June 11th, 2007 11:55 PM Author: Awkward set
What is the "complaint" referred to here? Whoever concocted this is a terrible lawyer. hth!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244935) |
Date: June 11th, 2007 11:55 PM Author: Impressive Police Squad
i would like to see the trial. "your honor, the prosecution calls 'a white girl sucking on an asian penis forever' to the stand."
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244939) |
Date: June 11th, 2007 11:55 PM Author: crimson death wish station
I have trouble believing this is flame. Wouldn't the OP be opening himself up to some issues with David Rosen?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244940)
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Date: June 12th, 2007 12:02 AM Author: Appetizing Massive Potus Field
good point as well
(not legal advice, of course)
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244981) |
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Date: June 12th, 2007 12:08 AM Author: Lavender French Chef Orchestra Pit
the answer to every question is WGWAG
priceless, i would laugh if I were there
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245016) |
Date: June 11th, 2007 11:59 PM Author: Awkward set
Dear Sir/Madam:
I will only accept service conducted in conformance with the Hague Convention. Please contact the US embassy in Warsaw for further details, and ask them to perfect service on me at the address below:
Cheese Eating Surrender Monkey
Rondo Onz 1, 00-124
Warszawa, Poland
tyia.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244964) |
Date: June 11th, 2007 11:59 PM Author: Flickering crackhouse partner
MOM! MOM! THIS ISN'T RIGHT!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244965) |
Date: June 11th, 2007 11:59 PM Author: Violent amber plaza
If this is no flame, all the defendants should go to the ACLU, that's your best bet, and it's free too.
I mean they defended the KKK, why wouldn't they defend internet free speech?
If you're in New York go to this website:
http://www.nyclu.org/
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8244967) |
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Date: June 12th, 2007 12:49 PM Author: chartreuse very tactful gaming laptop state
The EFF would be a better resource I would think.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246563)
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Date: June 12th, 2007 12:12 AM Author: Pink contagious space
Executive summary, please.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245037) |
Date: June 12th, 2007 12:21 AM Author: Harsh umber sanctuary
Well, at least we'll be able to see which monikers were actually pensive.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245077) |
Date: June 12th, 2007 12:24 AM Author: obsidian theater stage bbw
This is very Cho-esque
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245100) |
Date: June 12th, 2007 12:31 AM Author: Charismatic lilac office
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245150) |
Date: June 12th, 2007 12:40 AM Author: emerald stage quadroon
flame. duh you faggots
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245202) |
Date: June 12th, 2007 1:14 AM Author: Zippy Circlehead Lay
This is some of the saddest civ pro discussion I've seen yet.
There is no question that the longarm statute will give personal J over the parties. DUH. No brainer.
The issue here is VENUE dammit! VENUE!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245396) |
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Date: June 12th, 2007 1:17 AM Author: Appetizing Massive Potus Field
how are minimum contacts met?
(please be gentle)
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245415) |
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Date: June 12th, 2007 1:32 AM Author: Awkward set
Hypo: CESM resident of WY looks up a phone number in FL. Calls said number. Calls person a major league asshole, various other horrifying insults.
Your analysis: Recipient of phone call has cause of action against CESM, PJ satisfied?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245508) |
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Date: June 12th, 2007 1:37 AM Author: Awkward set
Well, that would all be decided via 12b6 or the state analogue. The issue is whether PJ exists. Your answer is "yes."
ergo, u = retarded.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245533) |
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Date: June 12th, 2007 1:43 AM Author: Zippy Circlehead Lay
If it's not a tort there's no PJ. So the answer is NO.
You do realize that there has to be a TORT involved, right?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245576) |
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Date: June 12th, 2007 1:45 AM Author: Awkward set
Call it IIED. Imagine something truly horrible was said that induced a stroke.
Still, there's no PJ, nice guy.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245588) |
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Date: June 12th, 2007 2:03 AM Author: Awkward set
Or find a case, any case, that says intentional tort = PJ.
It just doesn't exist friend. Sorry.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245684) |
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Date: June 12th, 2007 2:08 AM Author: Appetizing Massive Potus Field
i don't think that's supported by caselaw. the calder "aiming" requirement might only be satisfied by situations with calder-like facts.
sorry for the long post, but here's language from Wilson v. Belin, 20 F.3d 644 (5th cir. 1994) suggesting just that:
"Wilson first argues that the district court had specific personal jurisdiction over Blakey and Belin because each of them spoke with a Texas newspaper reporter and thus reasonably could foresee that their defamatory comments would be published in Texas and injure Wilson's reputation in Texas. Wilson argues that Calder v. Jones, 465 U.S. 783, 789, 104 S.Ct. 1482, 1487, 79 L.Ed.2d 804 (1984) clearly stands for the proposition that whenever the effects of libel by a nonresident are felt in the forum state, specific jurisdiction exists. We believe Wilson reads Calder too broadly.FN4
FN4. We also note that First Amendment considerations regarding the defendants' abilities to inject their respective opinions into the marketplace of ideas on a topic of obvious public concern are not relevant to our wholly jurisdictional inquiry. Calder, 465 U.S. at 790-91, 104 S.Ct. at 1487-88.
In Calder, 465 U.S. at 788-90, 104 S.Ct. at 1486-87, a reporter for a Florida publication researched a story in California, wrote a story about a California resident whose career was centered in California, and provided that story to his (the defendant reporter's) employer, which had a substantial portion of its national circulation in California. The Court stated that the defendants' (the reporter's and his editor's) “actions were expressly aimed at California” because they wrote and edited “an article that they knew would have a potentially devastating impact upon [the plaintiff in California].” Id. at 789, 104 S.Ct. at 1487. In the instant case, however, neither Blakey nor Belin did any preparation for a story to defame the plaintiff. They did not even write or devise a story. They did no research regarding Wilson's theory in Texas or elsewhere. Furthermore, there is no indication that these defendants were paid for their comments, that their comments were part of a planned business venture, or that such unsolicited comments served any role in advancing their business careers. Finally, the plaintiff, Wilson, is not a Texas resident and his career is not centered there. Thus, the dispositive facts in Calder simply are absent from this case.
Wilson also places great weight on the premise that a libelous tort is deemed to have occurred where the offending material is circulated. See Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777, 104 S.Ct. 1473, 1479, 79 L.Ed.2d 790 (1984) (citing Restatement (Second) of Torts § 577A, Comment a (1977)). This principle alone, however, will not win the day for Wilson. That the tort is deemed to have occurred in whole or in part in Texas is simply not dispositive of whether jurisdiction is appropriate. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 288-89, 100 S.Ct. 559, 562-63, 62 L.Ed.2d 490 (1980) (holding that although tort occurred in Oklahoma, New York defendant was not subject to personal jurisdiction in Oklahoma by nonresident plaintiff).
____________________
it's just one case but it goes HARD the other way.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245701) |
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Date: June 12th, 2007 1:46 AM Author: Zippy Circlehead Lay
Now please go away little man.
Calder v. Jones
The allegedly libelous story concerned the California activities of a California resident. It impugned the professionalism of an entertainer whose television career was centered in California.[Footnote 9] The article was drawn from California sources,
Page 465 U.S. 783, 789
and the brunt of the harm, in terms both of respondent's emotional distress and the injury to her professional reputation, was suffered in California. In sum, California is the focal point both of the story and of the harm suffered. Jurisdiction over petitioners is therefore proper in California based on the "effects" of their Florida conduct in California. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297-298 (1980); Restatement (Second) of Conflict of Laws 37 (1971).
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245595) |
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Date: June 12th, 2007 1:56 AM Author: Appetizing Massive Potus Field
NLA
that seems right
"Court held in Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984), that jurisdiction would also be found even where the party injured by the libelous assertion was not a resident of the state where the lawsuit was brought."
http://en.wikipedia.org/wiki/Calder_v._Jones#Other_developments
NLA
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245654) |
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Date: June 12th, 2007 1:41 AM Author: Zippy Circlehead Lay
Well the letter was sent to the Yale LS faculty and she goes there, I would say the greatest impact was suffered in CT, do you disagree?
Actually, that wouldn't even matter since it was sent to CT on purpose.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245562) |
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Date: June 12th, 2007 1:21 AM Author: Awkward set
Heard of Int'l Shoe, dude? A state can't just say, "we have PJ over every citizen of earth," and leave Ds to argue venue.
Ding!^10
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245434) |
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Date: June 12th, 2007 1:26 AM Author: Zippy Circlehead Lay
When you PURPOSEFULLY direct your activity toward another state and the effects are felt there, guess what? Minimim contacts are satisfied. O rly? Rly.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245468) |
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Date: June 12th, 2007 1:30 AM Author: Zippy Circlehead Lay
LOL Any civ pro book, hornbook, outline, set of flash cards, hell anything just type in google fer fucks sake.
This is civ pro for high school kids.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245499) |
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Date: June 12th, 2007 1:34 AM Author: Awkward set
No. Your looking at "purposefully targeted" in terms of business etc. Not the posting of message boards hosted in PA via the interwebs.
hth.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245514) |
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Date: June 12th, 2007 1:51 AM Author: Appetizing Massive Potus Field
NOT LEGAL ADVICE
that her pic is on the internet will relate to different legal claims (invasion of privacy, including "appropriation of another’s name or likeness; unreasonable publicity given to another’s life; publicity that places another in a false light before the public" as in the OP)
we're just talking about straight up defamation. all that requires is: (1) defamatory language (not including opinion, unless it is based on specific facts), (2) of or conerning the plaintiff, (3) publication of language by defendant to 3rd person, and (4) damage to plaintiff's reputation. note that under (4), general damages are presumed in a libel action, so she doesn't have to make out specific damages.
if i had to guess, all of these will probably bet met by at least some posts on here.
there are defenses: (1) consent and (2) truth would be the only ones possibly relevant here.
NOT LEGAL ADVICE
this is NOT the same issue as whether connecticut has personal jurisdiction over the defendants.
there are also the issues surrounding intentional infliction of emotional distress.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245615) |
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Date: June 12th, 2007 1:43 AM Author: Awkward set
I'm going to stop insulting you, b/c you seem nice. Sorry.
But your legal analysis is terrible. Do you find your law profs always telling you "you're not seeing the issue?"
Here the issues are two: 1) PJ 2) Service. Neither of these exists, but even if service could be effected, PJ wouldn't exist for 9/10 of the Ds.
hth.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245579) |
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Date: June 12th, 2007 1:48 AM Author: Zippy Circlehead Lay
Calder v Jones
The allegedly libelous story concerned the California activities of a California resident. It impugned the professionalism of an entertainer whose television career was centered in California.[Footnote 9] The article was drawn from California sources,
Page 465 U.S. 783, 789
and the brunt of the harm, in terms both of respondent's emotional distress and the injury to her professional reputation, was suffered in California. In sum, California is the focal point both of the story and of the harm suffered. Jurisdiction over petitioners is therefore proper in California based on the "effects" of their Florida conduct in California. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297-298 (1980); Restatement (Second) of Conflict of Laws 37 (1971).
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245602) |
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Date: June 12th, 2007 1:55 AM Author: Awkward set
"[P} brought suit in California Superior Court, claiming that she had been libeled in an article written and edited by petitioners in Florida and published in the National Enquirer, a national magazine having its largest circulation in California."
The issue is minimum contacts, dude. Sorry. The [D] Enquirer had them in CA in Calder by selling 1 million copies/week there; xoxo posters don't have them in CT.
Thread closed.
hth.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245645) |
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Date: June 12th, 2007 2:01 AM Author: Zippy Circlehead Lay
Oooo so I guess you win since you said that you win.
Where does the opinion state the minimum number of copies needed to meet the threshhold? It doesn't. You are taking a detail from the facts and readining into the rule. BAD law student. NAUGHTY NAUGHTY!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245676) |
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Date: June 12th, 2007 2:11 AM Author: Awkward set
Read the post above quoting the 5th Cir.
ur wrong, friend.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245713) |
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Date: June 12th, 2007 1:52 AM Author: Zippy Circlehead Lay
This COULD be valid service because if P can find no other feasible way to serve D, the court can approve some other method at its discretion. If publishing in a newspaper is ok, I don't see a due process violation in posting the notice where the D's are KNOWN to visit.
Of course, in practice the P would subpoena for their IP addresses and (if they could get them) would then subpoena their ISP's for their names and addresses, but it is conceivable that this could be valid service if the IP addresses could not be obtained.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245626) |
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Date: June 12th, 2007 1:59 AM Author: Awkward set
Sorry; no. You're saying that the sufficiency of service depends on whether the judge _thinks_ it's sufficient?
There IS law out there, you know, we can't just make up whatever the fuck we want.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245669) |
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Date: June 12th, 2007 2:08 AM Author: Zippy Circlehead Lay
No. The Supreme Court determines whether it is sufficient.
The judge can make up a way for the party to serve on the other if no practical means can be found, provided that the method of service ordered by the court isn't in violation of due process.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245703) |
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Date: June 12th, 2007 1:23 AM Author: Azure Point Factory Reset Button
First the issue is improper service. We recently covered this in barbri, how is no one here to mention it? This is NOT proper service, this is not a form of service a judge can even rule acceptable and there is no jurisdiction without proper service.
What did our barbri prof say? If they send you improper service and ask you to accept, DO NOT DO IT, DO NOT HELP THE OPPOSING PARTIES' LAWYERS
oh, and this is flame. I am just testing my barbri skillz.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245450) |
Date: June 12th, 2007 1:16 AM Author: Concupiscible drab hall legend
*EVERYBODY DANCE NOW*
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245411) |
Date: June 12th, 2007 1:25 AM Author: Nighttime Coffee Pot
sadly, an LSD poster accomplished what nearly 400 posts here couldn't:
its either a flame or the guy has a bad lawyer
1. the service process is invalid under frcp 4.
2. this is a state tort action filed in a federal court. since defendants addresses are unknown, if even one ends up being from connecticut, diversity is destroyed. in addition, the amount demanded must be on the complaint, and must be over $75000
3. out-of-state defendants get 30 days to file an answer, not 20, so the complaint is invalid on its face.
4. the proper way to pursue this suit would be to sue xoxo (or, if not incorporated, the owner) directly. serve discovery papers to obtain all of those user's ip addresses and physical addresses for service. use frcp joinder rule (17 i think) to add only those defendants who dont destroy diversity.
(and the "this is not legal advice" joke was played out some time ago.)
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245461) |
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Date: June 12th, 2007 1:27 AM Author: Awkward set
Good points, all.
But D. Rosen must have given his consent to do this. A class project?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245476) |
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Date: June 12th, 2007 3:40 AM Author: Nighttime Coffee Pot
"can't he just join the state law claims to his federal claim and asset pendant jurisdiction"
correct
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245944) |
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Date: June 12th, 2007 8:42 AM Author: Mentally impaired den prole
On 1 and 3, I'm not so sure the details of this service, but isn't this just a demand for an address in order to summons them properly? Then, after he can't get information from some of them, he goes to the court, shows hardship, and gets permission to have public notice of the complaint and demand for an answer?
On 2, you're flatly wrong. He's got a federal question in there, so the state claims are within federal jurisdiction even absent diversity through pendant claims.
On 4, those cases have consistently failed under federal laws protecting domain hosts or Web hosts from liability for the actions of individuals committed on the site.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246090) |
Date: June 12th, 2007 1:25 AM Author: swashbuckling lodge
He's trying to get people to expedite service. But service isn't executed until a copy of the complaint is served to the defendants. That hasn't happened here.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245465) |
Date: June 12th, 2007 1:29 AM Author: Exhilarant magical rehab
MY NEW STANCE: This is complete flame. Until I hear otherwise I will not respond to anything. I will not let it bother me. There is no fucking way this can happen over a message board.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245493) |
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Date: June 12th, 2007 1:31 AM Author: bipolar locale
I'm with you. Even if this is real, we saw how Trustafarian got PWN3D through honesty.
And what he did is actually legally punishable. This is a joke.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245503) |
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Date: June 12th, 2007 1:35 AM Author: Azure Point Factory Reset Button
you shouldn't respond either way. It is improper service. odds are they will never get proper service, as they cannot get the identity of the posters and serve you properly, ie in person or by certified mail to your address or place of work.
And by responding to improper service, you can waive your right to claim improper service later, so for christ's sake, don't do anything.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245520) |
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Date: June 12th, 2007 1:37 AM Author: bipolar locale
The only way ISP's are giving out select IP's is when they are being slapped with multi-million dollar lawsuits from the mighty, deep-pocketed RIAA. Even this process takes years and years.
David Rosen cannot compel these ISPs into forking over this client info. Can you imagine the precedent that would set? The internet would crumble before our eyes.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245531) |
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Date: June 12th, 2007 1:46 AM Author: naked karate
"It's not legal advice, it's anonymous internet discussion."
Exactly. You're not even willing to stand by your advice.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245593) |
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Date: June 12th, 2007 1:36 AM Author: Appetizing Massive Potus Field
i'm beginning to think this is flame too. or at least a first attempt at service with very shaky legal foundation.
if it's confirmed as real tomorrow, though, what will you do? if i were in your shoes i'd contact the alcu asap. maybe a prof at your school who works in the field (or nesson at hls?). definitely wouldn't email the guy with my name and address.
that's personal advice not legal advice - obviously
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245526) |
Date: June 12th, 2007 1:40 AM Author: bipolar locale
This is Leiter's revenge. He's probably having a huge laugh right now with his fat wife while deconstructing these amateur legal arguments.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245553) |
Date: June 12th, 2007 2:39 AM Author: Appetizing Massive Potus Field
what if, in about 7 hours, this terms out to be real - then what?
i will look back on tonight with nostalgia. see, usually i'm one to believe the worst from the very beginning. i never cling to false hope. here the worst outcome would be that this event, after all the disasters xoxo has survived, will actually be the one to kill the board and ruins the reputations and careers of many posters. objectively speaking, i think there's a good chance of that.
but right now i'm still clinging to the hope that it's brilliant, masterful flame. these are strange feelings for me, a calmness and optimism i've had only brushes with in the past, and i will hold on to them for as long as i can.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245825) |
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Date: June 12th, 2007 3:53 AM Author: Flickering crackhouse partner
"what if, in about 7 hours, this terms out to be real - then what?"
Hilarity ensues!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245963) |
Date: June 12th, 2007 3:44 AM Author: Nighttime Coffee Pot
Dispensing with the dumb, unfunny, and unnecessary "this is not legal advice" trope: Obvioulsy no one should ever respond to this kind of solicitation. That's legal advice.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8245950) |
Date: June 12th, 2007 4:27 AM Author: flushed cruel-hearted step-uncle's house athletic conference
OH NO, DIARRHEA ALL OVER THE CARPET, WHY DID I INFRINGE COPYRIGHT UNDER 17 U.S.C. § 501 NAKED? THIS ALWAYS HAPPENS.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246005) |
Date: June 12th, 2007 7:37 AM Author: Mahogany deer antler
Though I am not giving legal advice, part of me thinks this is flame because they've selected negligent infliction of emotional distress as a cause of action, and because a horse walks into a bar is being listed as a defendant. At least as I understand NIED, the posters' actions couldn't fit this cause of action. Also, AHWIAB says he didn't say anything. If that's actually true, it makes it sound like said flamer just slipped up in picking him. Just my two cents.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246069) |
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Date: June 12th, 2007 7:41 AM Author: maize offensive garrison
lawyers throw easily dismissed claims in all the time.
i googled and i think i found what ahwiab said. the lawyer probably knows that claim is going to fail, but this is what you do as a lawyer. however, if that's really what the claim against ahwiab is based on (a comment about a sundae), then it's borderline Rule 11 sanctionable.
edit: actually, if many of these claims are based on the thread I'm looking at, then I'd say Rule 11 sanctions are likely.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246070) |
Date: June 12th, 2007 8:19 AM Author: Exhilarant magical rehab
Has anyone called??
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246080) |
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Date: June 12th, 2007 9:03 AM Author: Concupiscible drab hall legend
Case is not in the computer according to the clerk at Hartford.
I call bullshit.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246103) |
Date: June 12th, 2007 9:19 AM Author: Fighting Aphrodisiac Fortuitous Meteor
rofl. what did get to da choppa ever do?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246123) |
Date: June 12th, 2007 9:35 AM Author: startled dashing candlestick maker
lol
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246140) |
Date: June 12th, 2007 10:30 AM Author: Charcoal Soul-stirring Hell Psychic
What a LULZ.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8246205) |
Date: June 12th, 2007 2:54 PM Author: Sepia cruise ship round eye
Anyone remember those WGWAG XOXO polo shirts someone got made? They're gonna be law school collectors items. "Check out my Ciolli signed XO polo!"
Selling said shirts would be a decent way to start a defense fund.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8247120) |
Date: June 12th, 2007 2:57 PM Author: cowardly excitant heaven halford
I wonder what Ms. Doe's real LSAT score was. I'm guessing it was kinda shitty - which is why she's so uptight about it - but at least in the 160s.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8247129) |
Date: June 12th, 2007 5:28 PM Author: Mind-boggling Fuchsia Idea He Suggested School Cafeteria
How has noone yet posted that the Wall Street Journal is confirming this thing?
From their law blog:
"The complaint asks for judgment against the defendants for unspecified damages as well as punitive damages in the amount of $245,400. Besides Ciolli, named defendants include individuals with pseudonyms such as “Pauliewalnuts” and “The Ayatollah of Rock-n-Rollah.”
“It’s bringing the right to protect yourself against offensive words and images into the 21st century,” said David N. Rosen, a New Haven, Conn.-based attorney for the students and a senior research scholar in law at Yale Law to the Law Blog in an interview. “This is the scummiest kind of sexually offensive tripe,” he said of the postings about the women on AutoAdmit. Rosen is joined by Mark A. Lemley, of counsel at San Francisco litigation boutique Keker & Van Nest and a professor at Stanford Law School who teaches computer and internet law. They are taking the case pro bono. Here [link to this thread], they have posted a notification on the lawsuit on AutoAdmit."
Bad suit, probably. Flame, almost certainly not.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8247726) |
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Date: June 12th, 2007 6:19 PM Author: chartreuse very tactful gaming laptop state
rofl
way too late. they got hard copies of every thread they wanted to preserve way before this suit became public.
if they were smart they probably wrote letters to ciolli and any other relevant person expressly instructing them not to destroy evidence. i would expect some sort of a motion to that effect if they cant reach a private agreement.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8247904)
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Date: June 12th, 2007 6:51 PM Author: Vigorous Hairy Legs Regret
How did they pick which people to sue? It seems like they could have easily doubled the number of defendants.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8248008) |
Date: June 12th, 2007 8:07 PM Author: glittery out-of-control
OMG this is like the CRAZIEST thing i've ever seen i wlii bend time and space to make this CRAZY thing just GO you know man just GO GO GO!
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8248290) |
Date: June 14th, 2007 6:21 PM Author: Thriller Hyperventilating Temple
Bump, in case any defendant misses this notice.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8255610) |
Date: June 19th, 2007 9:55 PM Author: fragrant messiness
FLAME
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8275714) |
Date: August 3rd, 2007 2:53 PM Author: bossy personal credit line
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8467920) |
Date: August 4th, 2007 7:25 PM Author: electric rigpig
"The plaintiffs are attempting to serve you with a complaint and summons in a civil action. The text of the summons appears below. So that we may deliver a copy of the summons and complaint to you, please provide your complete contact information to the following email address: drosenlaw@gmail.com. "
= ROFL.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8473221) |
Date: August 28th, 2007 12:24 AM Author: bateful community account area
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8569057) |
Date: August 28th, 2007 11:01 AM Author: bateful community account area
Is this substituted service? Is this substituted service?
No, faggots.
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8570143) |
Date: November 4th, 2007 1:36 PM Author: bateful community account area
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8851554) |
Date: September 7th, 2008 5:26 PM Author: fishy crawly kitty ratface
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#10136139) |
Date: September 7th, 2008 5:30 PM Author: Frisky Mad-dog Skullcap Pit
Wasn't "Dirty Nigger" one of the defendants?
(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#10136148) |
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