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To: Arcane Lore who wrote (24817)	3/25/2000 2:14:00 PM
From: Janice Shell	Read Replies (1) \| Respond to of 26163

From the *Globe and Mail: THE TWO MS. SHELLS* Guy Dixon Saturday, March 25, 2000 Janice Shell admits she's addicted to the stock chat rooms. An American art historian who has lived and worked in Italy for the past two decades, her name is a frequent sight on message boards, as she habitually takes on the role of debunker. Ms. Shell is particularly drawn to the intrigue and sleuthing taking place behind the boards. "That's the most interesting part of it all," she said, describing direct contacts with other stock watchers as often the best source of information. But the behind-the-scenes activity of avid investors can turn frightening. A group of investors of a U.S. nutrition products company, believing Ms. Shell isn't who she says she is on the message boards, located a different Janice Shell who works for an employment service in California. Although the investors believe this is the same person, they are two separate people and utter strangers, said the Ms. Shell in Italy. Yet, the Ms. Shell in California and her employer were contacted by the investors. "They posted this poor woman's data all over the [on-line] thread, claiming that someone had called her secretary and confirmed that she was indeed an art historian and had once lived in Milan," the Ms. Shell in Italy said. This was untrue, according to the Ms. Shell in Italy. Nevertheless, the Ms. Shell in California has been reportedly included in a defamation suit against so-called bashers on the message board and the investors are suing them for $250-million (U.S.). The Ms. Shell in Italy dismisses the suit as completely without merit. One of the investors even wrote a letter to the U.S. Food and Drug Administration accusing the Ms. Shell in Italy of having ties to organized crime. The Ms. Shell in Italy has not shirked from the public eye and has been profiled a number of times by the business press. Yet, that hasn't stopped the chat room rumours about her identity from flying. Some have even accused her of working for U.S. regulators. "One of the good things about it [on-line chat rooms] is that people can help each other, can find information together, can give each other ideas. One of the bad things about it is when it's a bunch of idiots who have all the wrong ideas," she said. globeandmail.com See also: globeandmail.com Damn, Pugs is so lucky he wasn't actually named.

To: Arcane Lore who wrote (24817)	4/13/2000 6:25:00 PM
From: Arcane Lore	Read Replies (1) \| Respond to of 26163

Federal Rules of Civil Procedure (FRCP) - Rule 12(b): Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings [...] b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19 . A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56 , and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56 . www2.law.cornell.edu[jump!3A!27rule12!27]/doc/{t136}/pageitems={body}?