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Re: Blowhard Bradley Kuhn and his fraud

From: RJack
Subject: Re: Blowhard Bradley Kuhn and his fraud
Date: Sat, 22 Jan 2011 08:58:38 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv: Gecko/20101207 Thunderbird/3.1.7

On 1/4/2011 11:58 AM, RJack wrote:

SFLC filed a dismissal for VERSA TECHNOLOGY INC pursuant to Rule 41(a)1
(after an Vera's ANSWER was filed) but there is no record of Versa's
involvement or agreement to the dismissal:

Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiffs
Software Freedom Conservancy, Inc. and Erik Andersen hereby dismiss
defendant VERSA TECHNOLOGY INC. from this action WITHOUT PREJUDICE, and
without costs to any party. Plaintiffs maintain this action against all
other defendants.

Rule 41(a)1 requires a stipulation signed by all parties after an ANSWER
by the defendant is filed:

Rule 41. Dismissal of Actions
(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2 and 66
and any applicable federal statute, the plaintiff may dismiss an action
without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared.

(B) Effect. Unless the notice or stipulation states otherwise, the
dismissal is without prejudice. But if the plaintiff previously
dismissed any federal- or state-court action based on or including the
same claim, a notice of dismissal operates as an adjudication on the merits.

Sure is strange procedure in the District court.

RJack :)

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