Replies to post #170154 on Avid Bioservices Inc (CDMO)

[horselover45]

Just out of curiosity what is your opinion about this bill in the US Senate that will make losers pay the freight for frivolous lawsuits.

Would this lawsuit fit into that category?

Time to leave for a weekend in Vegas. Have to go and pick up the money that I left there last trip.

Andy c.

[skweze]

One hopes this would lead to early dismissal. This lawsuit is a mockery of the legal process, and the plaintiff's open defiance of the Court's earlier rulings calls into question whether its primary motives are collateral even to the classical improper objective of settlement extortion.

My experience:

Judge's law clerk/technical advisor reads plaiintiff's submission handed to him by court clerk------------> discussed with judge
with recommendation for disposition, one way or another----------> judge reads the plaintiff's paper, decides to dispose of now or wait for defendant's response.

The setting of a time for response is normally a clerical matter handled by the court clerk administratively.

A quick motion by defendant, or letter to judge, to the effect there is nothing new in plaintiff's submission 1)requiring a response by defendant, or 2) that the judge has not already fully considered in previous rulings, could facilitate the process. Court's local rules could govern such a process.