MAJOR ANNOUNCEMENT: Lawyers for Ron Paul Lawsuit NOTE: Having the lawsuit not up 4 debate

WhistlinDave said:
Let me clarify this because I was there when the judge stated in court that either way, no matter what the ruling on the motion to dismiss, he is not going to grant a motion to expedite.

The motion to expedite was a motion to expedite a trial. The judge stated that (if Gilbert can file an amended complaint with enough specificity in it to constitute a proper complaint) there will not be enough time to have such a trial involving so many plaintiffs, defendants, etc., before the convention.

Gilbert stated he did not intend for a full trial to occur, but more of a summary judgement in order to arrive at the judge issuing the injunctive relief Gilbert was requesting.

The judge said that if the plaintiffs could present a claim that meets the minimum burden of plausibility and specificity required by the law, and the judge finds the claim has merit, he could issue an injunction before the convention. (Of course that's IF he finds in favor of Gilbert.)

The injunction is basically a court order saying "I order *this* to happen, even though this case isn't fully settled and done, but because I feel there is enough concern to warrant protecting the interests of the plaintiffs (or of whatever party is petitioning the court for the injunction), I am going to order these parties to do (or not do) these things."

Another example of an injunction might be a man divorcing a woman is suing, and the woman says she's selling the Ferrari this weekend, and so the husband gets an injunction saying "You are not allowed to sell the car." It's a court order made in the interest of limited time, when a trial is expected to take too long to prevent something from happening. (Something happening that could harm someone's interests.) Maybe the wife is entitled to the Ferrari, maybe not. Since the judge doesn't know until the case is done, the injunction says, "Don't do anything yet until this is decided."

In the case of this delegates lawsuit, the judge would be saying with an injunction, "No monkey business at the convention, tell all delegates to vote their conscience, no coercion, etc."

So what it boils down to is, if there is an amended complaint filed, the judge said he will be able to make a determination before the convention to say yes or no on the question of injunctive relief (Federal Marshalls, and/or a notice handed to all delegates they may vote their conscience, and/or re-seating delegates removed improperly, etc., or whatever combination the judge feels is appropriate).

Besides that though, the other people here are correct in that the judge can't grant a motion to expedite when a case has been dismissed, and at the moment, this one is dismissed without prejudice and needs to be amended and re-filed. But I don't think Gilbert will re-file a motion to expedite when he re-files the complaint, only a motion requesting injunctive relief as far as I understood the judge.
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I see, a preliminary injunction, based on likelihood of prevailing. Good. then we can add other remedies later.
 
devil21 said:
Could even refer to them as Jane Doe and John Doe (#1, #2, #3, so on) if exact names aren't immediately available. At least that leaves the door open for discovery of who John Doe, the cop that was ordered to remove the elected chair in LA is(for example), and at least specifies an individual person that CAN be identified, instead of broad statements about "security removed elected chair". That's the sort of specificity the judge is talking about, even if a proper name isn't immediately available. It will be at a later date. People are deposed, not "groups".

I agree that the ruling language does lay out much of what Gilbert needs to provide in the new complaint to get the judge to act. The defense also realizes this.
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Only the privately hired security agents would need to be Does, we have the names of the self appointed temporary chair who asked the security to remove them and have him asking in one instance on video.
 
sailingaway said:
Only the privately hired security agents would need to be Does, we have the names of the self appointed temporary chair who asked the security to remove them and have him asking in one instance on video.
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Yeah but I meant overall in all states where shenanigans went on. Just a general strategy statement. The LA stuff was just an example. Crap went on elsewhere too. Using John/Jane Doe indicates ANY individual that you can't immediately identify and that comes closer to the level of specificity that the judge is requiring.
 
sailingaway said:
Only the privately hired security agents would need to be Does, we have the names of the self appointed temporary chair who asked the security to remove them and have him asking in one instance on video.
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In the youtube descriptions of one of the videos, I saw their names listed- some of the uploaders made a point of walking by them and getting a shot of their name tags.
 
eleganz said:
Interesting he is ready to file so fast, was he anticipating this all along?

I'm listening too, he just said he is ready to deliver the 'knock out punch' with this next amended complaint.
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it is the last one that will be allowed. The court said 'final'. Man, I hope he takes enough time.
 
Richard Gilbert went into the court room with a case type that has never been ruled on. The Judge recognized this and gave Richard all the ammunition he will need for the Judge to make a ruling that will not get over turned by a higher court.
We are going to win!!!
 
Gilbert just said the amended complaint has been 90% complete for a while now, and he expected to be filing it tomorrow...

Gilbert : "expect victory"
 
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CPUd said:
Gilbert just said the amended complaint has been 90% complete for a while now, and he expected to be filing it tomorrow...

Gilbert : "expect victory"
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I wish he would give us a chance to review it before he submits it. Just to make sure everything looks good. I hope he reads it again in the morning and gets a good nights sleep tonight.
 
sailingaway said:
crap. I hope that is just the writ, not the complaint. I really want him to take TIME with the complaint.
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If he's a good attorney then he anticipated this outcome and has been preparing accordingly in the meantime instead of resting on his laurels waiting for a court date. I'm not saying that's what he's been doing but good attorneys can see their own case weaknesses and work to fix them before the judge points them out, which they always do. All the procedural stuff to date is predictable and the outcomes mostly predictable. I would expect Gilbert to have worked accordingly so it's no surprise a new complaint would be ready tomorrow. I remember hearing that up to 100 people were working this case behind Gilbert? IIRC and that's true (big if, sure) then that's a lot of legal minds ironing this puppy out. I sure hope that's what is going on. I can't stop imagining Saul from Breaking Bad whenever I hear the name Gilbert in these threads.
 
CPUd said:
Gilbert just said the amended complaint has been 90% complete for a while now, and he expected to be filing it tomorrow...

Gilbert : "expect victory"
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Gilbert claims to have worked with this judge for over 20 years so I'm not surprised he knew what to expect and is ready for the amended complaint.
 
ClydeCoulter said:
I wish he would give us a chance to review it before he submits it. Just to make sure everything looks good. I hope he reads it again in the morning and gets a good nights sleep tonight.
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UMMMMM REVIEW OF COMPLAINT BEFORE COURT.
56700188-homer-simpson.jpg


Not likely and not standard practice but lets dream ;) I would really like to see it too.

He had the time to amend it with all the details. Question is in such a big case involving so many plaintifs and defendants in all states how many of them did he get in and in what detalis?
 
GOOD LUCK GUYS.... This is the case of the century and no MSM. Next time there is elections in South Africa, American election monitors please stay at home, we don't wan't you giving our corrupt goverment any tips ;) (only joking)
 
lawdida said:
This case is not going to win. I, or anyone else, can't help it win. The only thing I can do to help is to try to persuade everyone to stop promoting it.
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To what end?

You keep interjecting negativity in this thread claiming to be both informed and realistic yet your comments are contradictory to to folks who took the time to attend the hearing.

How about coming clean with a little background about yourself and why you feel it's necessary to keep up your attacks?
 
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