Lawsuit by 3ABN and Danny Shelton Against Joy and Pickle Dropped

Posted By: Daryl

Lawsuit by 3ABN and Danny Shelton Against Joy and Pickle Dropped - 11/06/10 02:39 AM

For those who may have been following this over the years and especially when we had a forum devoted to discussing the issues pertaining to 3ABN, both 3ABN and Danny Shelton dropped their lawsuit against Joy and Pickle over a year ago, however, Joy and Pickle are still appealing this for the reason that they could launch the same lawsuit against them later on, which is the basis for their appeal.

If they so choose, Joy and Pickle, as well as 3ABN and Danny Shelton are welcome to respond to this here in this thread.
Posted By: Bob Pickle

Re: Lawsuit by 3ABN and Danny Shelton Against Joy and Pickle Dropped - 06/24/11 06:35 AM

According to Federal Rule of Civil Procedure 41(a)(2), when a plaintiff wants to dismiss their complaint after it has been answered, the court has to craft conditions to protect the defendants from prejudice.

That didn't happen. Instead, the court protected the plaintiffs and their attorneys, and we received new threats from 3ABN and Danny's attorney less than 90 minutes after the end of the status conference during which the case was dismissed. So we appealed.

When it's over, I want it to be over. I don't want to keep being harassed by unscrupulous attorneys for the rest of my life, like I was just last month. Over four years after the suit was originally, filed, we're still being harassed, without a legal or factual basis for doing so!
Posted By: Daryl

Re: Lawsuit by 3ABN and Danny Shelton Against Joy and Pickle Dropped - 06/24/11 03:31 PM

I don't blame you for wanting it to be over, therefore, I also don't blame you for appealing it until that condition is met.
Posted By: Daryl

Re: Lawsuit by 3ABN and Danny Shelton Against Joy and Pickle Dropped - 06/24/11 03:32 PM

What is the status of the appeal as of today?
Posted By: Bob Pickle

Re: Lawsuit by 3ABN and Danny Shelton Against Joy and Pickle Dropped - 06/25/11 04:50 AM

It seems that our two appeals never were seriously considered by the court, and it seems that that is because we exercised our rights by filing complaints for judicial misconduct and court staff misconduct.

We filed that complaint after discovering that (a) though the courthouse had told us they couldn't find the bank statements delivered to it under seal, (b) bank statements we paid over $3500 for, (c) $3500 we were denied reimbursement for, (d) bank statements we were never told were found, (e) bank statements the judge ordered returned to the bank, (f) were actually surrendered to the other side.

At any rate, the court of appeals affirmed the lower court on the basis that it was clear that no substantial question had been presented, which just blows my mind. Not one question was substantial? Such a ruling contradicted other circuits, and even the First Circuit itself.

I could go on a bit, but I'll simply say that the next recourse we have is to take our appeals to the U.S. Supreme Court, and I think that is what we are going to do.
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