Saturday, June 15, 2013

The Purpose Behind That First Court Order

As shown in the previous post a purpose behind the second
order that also connect with other things is not hard to find
but what about the purpose behind the first order? How was
that order supposed to disrupt the lawsuit? After all,just
to perplex the plaintiff by itself doesn't seem to be worthy
of taking the risk of an action that cannot be easily understood
as being other than an intentional violation of Federal Rules
Of Civil Procedures(FRCP).     

The answer to that is yes there is some other intention behind
that first court order other than just to simply mess up or perplex
me. Actually, any intention to confuse me seems only as being an
additional benefit to the main intention.The main purpose of that
order seems to be that the hedge fund guy wanted to make me
think that this district judge is on his side so I abandon my lawsuit
with this judge. It is as if the hedge fund guy, helped by the support
he had there, was telling me through that order:
You dismissed your first filing because you thought I have
a connection to the previous judge, right? Then look at this
order and think about the connection I have to this district
judge and avoid this one as well.

Of course as a plaintiff I had only one chance for a voluntary
dismissal without prejudice but one could always achieve similar
effect by not pursuing his lawsuit.  

Notice how the timing for that order was chosen carefully
so that it won't give me much time to think and see the real
reason for issuing it while at the same time it shortens the
120 days by a considerable amount of time to emphasize
its violation of  the FRCP.

Notice also how the level of  the outrageousness and violation
for the FRCP of that order changes with this explanation from
a burden that needs a satisfactory answer to counterbalance its
effect to something very supportive and/or ,in fact, needed. 

I may appeal the ruling of this judge like any other judge.
But I did not find that the hedge fund guy is counting on
any connection to him and that is a very necessary thing.

Who knows? It could be that the hedge fund was counting
on some biased help from the previous judge he wouldn't get
but what I saw was enough to make a person try to avoid being
in a position where he may suffer injustice as long as he is not
obligated to do that.

One may also see the support to this explanation and to the whole
picture of both orders in how the purpose of the first order is like
plan A to that of the second court order which represented plan B.
In other words, it is clearly easier for the hedge fund if I abandon
my lawsuit myself than it is for him to arrange for the defendants
not to be served.

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