Tuesday, August 27, 2013

Case closed

Last Monday the district court closed my case (13-20190-CIV-GRAHAM/GOODMAN) by dismissing the rest of  my case against two remaining defendants .But here is the thing. The dismissal order did not state that it was without prejudice and according to FRCP 41 generally dismissals without stating it is without prejudice means it is with prejudice. Nevertheless, although the dismissal stated not following court orders as the reason, these orders were related to serving the complaint and therefore just something that masked a dismissal according to FRCP Rule 4(m) for failure to serve the complaint within the 120 days time period which specify dismissal without prejudice. 
 
After all the earlier dismissals this court did, it suddenly issued orders giving me time to serve (and re-serve after it quashed my earlier service) the two remaining defendants as if that matter any more (one of those defendants, Dror Svorai ,  even limited himself to  mentioning only the county part of the address of where he alleges to reside in his affidavit asking to quash the service). 
 
Unlike motions from other defendants, the motion by defendant Dror Svorai did not ask for a dismissal and asked only for quashing the service so one can certainly put a theory that this was planned.

Court Order Closing The Case 

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