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Strategies & Market Trends : Bill Wexler's Profits of DOOM -- Ignore unavailable to you. Want to Upgrade?


To: AHM who wrote (2451)9/8/1998 3:50:00 PM
From: Kevin Podsiadlik  Read Replies (1) | Respond to of 4634
 
In the suit I referred to there are "John Doe" defendants who WILL be served once their identities are disclosed in a discovery motion that will absolutely be granted by the court.

I would not be so sure of this. There is a little matter of a privacy issue here.



To: AHM who wrote (2451)9/8/1998 3:59:00 PM
From: Peter V  Read Replies (1) | Respond to of 4634
 
AHM, I don't know how you can be so certain of what will happen in a case. Do you personally know the plaintiffs or did you just get this from a news article?

As for service, don't forget this is the internet, and the local sheriff ain't likely to serve these posters that most likely reside in a different state. As you point out, the identities are not even known at this point. And just how do you know that a discovery motion will be filed? Do you have personal contact with the law firm handling the case? Do you have the filed motion in hand?

All I did was point out the possibility that a suit can indeed be filed for intimidation purposes, especially in a case where the identities of the defendants are not known, and you come on like John Wayne on behalf of the plaintiffs, who I assume you don't even know. Most of the time, a judge does not see the case until a motion is filed, and thus they won't feel "used" if process is never served. In fact, most judges are so swamped that any method of getting rid of a case, whether dismissal for failure to prosecute or whatever other reason, they are usually happy to kick it without a grudge.