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fatchixsinging

05/27/11 3:07 PM

#5905 RE: lido #5904

Lido,

I believe that the stuff you posted can be explained like this (please note that I am not a lawyer, and have not followed this case very closely):

It appears that YAGI filed a motion to have sanctions (usually monetary penalties) placed against Cobalis. I think the sanctions were asked for because Cobalis filed an amended compalint that was essentially no different from the complaint already on file. Many times both sides, defendant and plaintiff, will file amendments to their original documents when new facts surface. However sometimes amending filings is a method of delay. That is what YAGI charged. YAGI was taking the high road in claaiming that CLSC's actions wasted their time and that of the Court.

The judge essentially agreed with YAGI that the amended complaint indeed looked like the original. However, he did not level sanctions against CLSC, stating that the new complaint was at least well executed.

If you are keeping score, this is 1 for CLSC. However, any times a judge will bend over backwards to the party he is notioned to rule against at the trial's conclusion. Judges do this in order to show he was accomodating to the loser, which in this case would seem to be CLSC, when his verdict is appealed.

Take my comments for what they are worth.