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Re: average investor post# 76350

Sunday, 05/06/2007 11:31:34 PM

Sunday, May 06, 2007 11:31:34 PM

Post# of 159753
i understand that a jury trial could be desirable, however? you MAY be jumping the gun, why? because the request on count one is for a declaratory judgment as to the disposition of the shares...

you don't know what the declaratory judgment is until it's written...

i agreee that peopl should be allowed a trial by jury, but why ask for one if your case si simple like this one should be...

Rule 11? that gives/gave Megas 21 days to withdraw the complaints.... he already withdrew 2-5 ....

Rule 11 ALSO also says that:
(b) Representations to Court.
(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;


in other words? the judge can decide that this case shouldn't NEED a jury cuz it's ludicrous (which i've said half a dozen times)

why make it worse?


(c) Sanctions.

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

as you can see? a Judge has the right to decide what's ridiculous without YOUR help.....



all i'm saying is that most of the rebelliousness by the defendants is understandable, but getting a bit carried awya, and may in fact end up costing you more money, and NOT helping anything...


rule 11 also states that:

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

http://www.law.cornell.edu/rules/frcp/Rule11.htm

so? you are going after lawyers.... your lawyer may be happy to do that, but, if he loses? YOU PAY!

in any case, you do what you want, and if you like your lawyer go for it, i'll be watching to see what happens...

i don't know how this case will end up, i want to see this trade, but mostly i am interested in fixing a broken system...


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