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Dominion Sues MyPillow And Mike Lindell For $1.3B

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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#576

Post by woodworker »

Chilidog wrote: Tue Jan 25, 2022 6:41 pm
Lawyers for MyPillow CEO Mike Lindell are dodging requests to hand over discovery material for Dominion's $1.3 billion defamation lawsuit, according to a court filing in the sprawling defamation case.

In a filing submitted to the judge Monday night, the other lawyers in the case say that Lindell's lawyers stopped showing up to meetings designed to hash out a schedule for the case the day after Dominion's lawyers served them with a request for documents.

"Lindell and MyPillow's change in position on whether the Court ordered and the Parties engaged in a [scheduling] conference presumably reflects their effort to avoid responding to requests for production Plaintiffs served the day before," the filing says.

The filing was signed by attorneys representing every other party in the case, including Dominion, Sidney Powell, Rudy Giuliani, and Smartmatic. Attorneys for Mike Lindell and MyPillow didn't immediately respond to Insider's request for comment.
https://www.businessinsider.com/mike-li ... uit-2022-1
I love the smell of sanctions in the morning. WTF are his attorneys thinking -- "oh, the judge will understand if we tell him that our client is not cooperating / has told us not to cooperate?" Or is little mikie thinking that by avoiding discovery he now has a route to the SCOTUS when the trial court sanctions him? Or maybe he is just going to keep on telling the court no until they finally issue monetary, then issue and finally terminating sanctions? We need moar popcorn.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#577

Post by Luke »

But wait, there's more! :lol:



Just two beautiful pages.

No. 21-7103 September Term, 2021 1:21-cv-00445-CJN
Filed On: January 20, 2022
US Dominion, Inc., et al., Appellees
v.
My Pillow, Inc., Appellant Michael J. Lindell, Appellee
------------------------------
Consolidated with 21-7104
BEFORE: Wilkins, Rao, and Jackson, Circuit Judges

O R D E R
Upon consideration of the motion to dismiss for lack of jurisdiction, the joint opposition thereto, and the corrected reply, it is ORDERED that the motion to dismiss be granted. The district court’s order denying appellants’ motions to dismiss does not qualify for immediate review under the collateral order doctrine. Appellants have not demonstrated that the order denied a “colorable” immunity defense, see Broidy Cap. Mgmt. LLC v. Muzin, 12 F.4th 789, 796 (D.C. Cir. 2021), and the order is effectively reviewable on appeal from final judgment, see, e.g., Kilburn v. Socialist People’s Libyan Arab Jamahiriya, 376 F.3d 1123, 1133 (D.C. Cir. 2004).

Further, the district court has not certified the nonfinal order for immediate appeal pursuant to 28 U.S.C. § 1292(b). See, e.g., Coopers & Lybrand v. Livesay, 437 U.S. 463, 474–75 (1978) (“[T]he discretionary power to permit an interlocutory appeal [under 28 U.S.C. § 1292(b)] is not, in the first instance, vested in the courts of appeals.

A party seeking review of a nonfinal order must first obtain the consent of the trial judge.”). Appellants therefore have not provided any valid basis upon which this court could exercise appellate jurisdiction.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/ Manuel J. Castro Deputy Clerk
https://s3.documentcloud.org/documents/ ... appeal.pdf

Another step closer to Dominionmatic (or Smartminion) Pillow Company! :thumbsup:

Orly must be so jealous seeing her beloved /s/ & /s/ being used against Lindell. :P
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#578

Post by notorial dissent »

Trying to take a strategy out of his idol's plan book. Delay, obfuscate, appeal, and appeal again, til you finally get told not only NO but hell NO. Didn't work for the orange one, will work even less well for him. Maybe a couple three nights in the DC jail would do little Mikey and his chief lawyer some good. I do agree that I think sanctions are in order.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#579

Post by Luke »

Well said, ND. And Lindell is far too stupid & and has lousy counsel to even get close to what DL2XIT tried to pull. These wheels of justice are frustratingly grinding slowly, but when the dust settles it's going to be sweet seeing what happens to Lindell, Roodles, Squidney & the other liars and grifters. Timed correctly, the total fails may well discourage Trumpers from even voting, why should they when its all RIGGED anyway? We're trying to make sure that message is amplified -- just to give Trumpers the straight talk they demand to hear. :P Hope we can count of Lin Wood again, he was very effective.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#581

Post by MN-Skeptic »

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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#582

Post by Uninformed »

“Defendants SGO Corporation Limited, Smartmatic International Holding B.V., and Smartmatic USA Corp. (collectively, “Smartmatic”), by their attorneys, hereby move this Court pursuant to Fed. R. Civ. P. 11 for sanctions against Plaintiff Michael J. Lindell and his counsel, as a result of Mr. Lindell’s refusal to dismiss Smartmatic as a defendant from his Third-Party Complaint (“Complaint”), filed December 1, 2021.”


SMARTMATIC DEFENDANTS’ MOTION FOR RULE 11 SANCTIONS
https://storage.courtlistener.com/recap ... 18.0_1.pdf

SMARTMATIC DEFENDANTS’ MEMORANDUM IN SUPPORT OF THEIR MOTION FOR RULE 11 SANCTIONS
https://storage.courtlistener.com/recap ... .118.1.pdf
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#583

Post by raison de arizona »

:boxing:
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#584

Post by Luke »

:lol: :thumbsup:


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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#585

Post by Luke »

OMG SUPER BONUS!

Page 10 references (drumroll)... HOLLISTER v. SOETORO! Also forgot, who was President Obama's lawyer? Marc Erik Elias! :dance:
https://dockets.justia.com/docket/distr ... 254/134576

Hollister Soetro.JPG
Hollister Soetro.JPG (106.2 KiB) Viewed 2112 times





ETA: Gregg's pal Doug Frank gets a lot of ink in this. It's a great filing.

Doug Frank.JPG
Doug Frank.JPG (116.99 KiB) Viewed 2097 times
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#586

Post by RTH10260 »

Uninformed wrote: Wed Feb 16, 2022 8:40 pm :snippity:
SMARTMATIC DEFENDANTS’ MOTION FOR RULE 11 SANCTIONS
https://storage.courtlistener.com/recap ... 18.0_1.pdf
:snippity:
CourtListener wrote:; (b) disgorge the fees Mr. Lindell’s counsel has earned by prosecuting this bad faith, frivolous action and make them payable to the Court;
Question: Is this for real, can a court hijack a lawyers earnings? Especially in cases where a lawyer may only be paid when winning a case and participating in plaintiffs reward.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#587

Post by jcolvin2 »

RTH10260 wrote: Thu Feb 17, 2022 7:10 am Question: Is this for real, can a court hijack a lawyers earnings? Especially in cases where a lawyer may only be paid when winning a case and participating in plaintiffs reward.
According to the Advisory Committee Notes, the court has "significant discretion in determining what sanctions, if any, should be imposed for a violation, subject to the principle, subject to the principle that the sanctions should not be more severe than reasonably necessary to deter repetition of the conduct by the offending person or comparable conduct by similarly situated persons."

Given how many "similarly situated persons" seem willing to take unsupported positions (perhaps viewing it as an audition for a gig on the RWNJ media), I can imagine that the court might consider a penalty based on some or all of the lawyer's earnings from his ill-considered positions .

In a contingent fee case (where no fee will be earned because the cause of action was not factually or legally supportable), some Rule 11 sanction could be imposed, despite the lawyer earning no fee from the engagement.

*Edited at 1:47 pm PT to add missing article [a] in parenthetical in second paragraph.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#588

Post by Gregg »

How likely is it that the lawyer working this case for Tom Sellek's stupid cousin™ is getting paid a real fee, because Mike might not know it, but the lawyer is pretty sure the contingency of nothing is nothing.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#589

Post by woodworker »

Gregg wrote: Thu Feb 17, 2022 4:16 pm How likely is it that the lawyer working this case for Tom Sellek's stupid cousin™ is getting paid a real fee, because Mike might not know it, but the lawyer is pretty sure the contingency of nothing is nothing.
The likely fee, IMHO, is getting the publicity, then getting on Faux/Newsmax/OANN and then getting on that sweet right wing gravy train.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#590

Post by raison de arizona »

Byrne's motion to dismiss dennied.
Screen Shot 2022-04-20 at 3.09.46 PM.png
Screen Shot 2022-04-20 at 3.09.46 PM.png (161.42 KiB) Viewed 1521 times
https://storage.courtlistener.com/recap ... 6.34.0.pdf
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#592

Post by MN-Skeptic »



From the linked article -
Lindell moved to dismiss Smartmatic’s complaint, arguing that the company failed to adequately plea the defamation claim, and that the deceptive trade practices claim fails because Lindell was acting in a personal, not professional, capacity when making statements about the 2020 election. MyPillow separately moved to dismiss Smartmatic’s complaint, arguing that it is shielded by the First Amendment and that it did not make any statements about Smartmatic. The company also argued that Lindell’s statements can’t be imputed to MyPillow.

U.S. District Judge Wilhelmina Wright on Monday denied both Lindell’s and MyPillow’s motions to dismiss the complaint. The court concluded that Smartmatic has alleged sufficient facts to support its defamation claim, including its claims that Lindell’s statements were false, that his defamatory statements were communicated to outside parties, that he knew or should have known his statements were false and that he acted with actual malice in promoting them.

The court concluded that MyPillow can be vicariously liable for Lindell’s actions, since the CEO intentionally promoted MyPillow while allegedly defaming Smartmatic in the media and during public appearances. The court also maintained that Smartmatic can pursue its claim that Lindell violated the Minnesota Deceptive Trade Practice law, since the company has alleged sufficient evidence to its claim that Lindell’s statements were made in part to promote MyPillow.
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B

#593

Post by raison de arizona »

Poor Mikey mixed business with pleasure. Always a mistake.
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Dominion Sues MyPillow And Mike Lindell For $1.3B

#594

Post by Ben-Prime »

In order to avoid going off-topic in the other thread, I'll be a good boy and note here that I am presuming that Lindell's crazy motion in the Nevada court is basically a way to justify the fact that he has yet to really show any ebidence or zibets to the court in his case. "I really want to, y'see, but I can't because of this court order from 15 years ago."
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Dominion Sues MyPillow And Mike Lindell For $1.3B

#595

Post by Sam the Centipede »

I must disagree:
raison de arizona wrote: Mon Sep 19, 2022 2:49 pm Poor Mikey mixed business with pleasure high intensity stupidity. Always a mistake.
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Dominion Sues MyPillow And Mike Lindell For $1.3B

#596

Post by Luke »

OMGOMG these are priceless! :lol:

On the past two episodes of The Lindell Report, Mike continues to put DeSantis on blast. Lindell is absolutely committed to taking Ron down over Libby Locke. He's focused on her being the titular partner (with Tom Clare) of Clare Locke, which represents Dominion and is suing him and MyPillow.

What nobody told Mike is that Libby was Project Veritas' lawyer in their lawsuit against the New York Times (which is bizarre) and Stamford (PV was ordered to pay them $150K: https://www.reuters.com/legal/litigatio ... 022-08-05/.) Guess like many lawyers they'll handle anybody paying their fees. Mike should know about that, he's got Dershowitz :lol:.

Anyway, he's angrier than I've ever heard him (which is saying something). I just listen to the podcasts but this is the podcast with video. Really a huge amount of fun. He berates his idiot co-host constantly. Now that we're seeing the Dominion v Fox trial scheduled for April, is Lindell starting to realize his court date is finally coming up? (If anybody has an update on when please post it and if it'll be streamed, it's going to be a real highlight trial.)

They are fabulous.

2/9/23 Mike just rants through this.





2/8/23 Mike goes nuts on Ron. Even his collar is disheveled. Mike has Kari Lake's incompetent lawyer Kurt Olson on to discuss Dominion and Libby Locke. 7 minutes of ads before the show. :roll:





Zach's Daily Beast story about all the screaming, from Ali Akbar to Seb Gorka :lol: https://www.thedailybeast.com/how-a-dom ... ref=scroll



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Dominion Sues MyPillow And Mike Lindell For $1.3B

#597

Post by Tiredretiredlawyer »

Neal Reynolds
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·
Follow
You can learn from this gal, Mike. She’s all about the peaceful transfer of power…of your company to Dominion’s Voting Systems.
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Dominion Sues MyPillow And Mike Lindell For $1.3B

#598

Post by Luke »

Since the Dominion cases are rolling along, decided to add the Court Listener dockets to the https://www.protopage.com/birthers webpage. Added three: Dominion v Lindell, v Herring Networks (OAN), and v Roodles. It has the filing and brief text, they're at the top of the page in the center.

Here's Dominion v Lindell: https://www.courtlistener.com/docket/59 ... er_by=desc# There's been action this year, the Protective Order discussions are what you'd expect from a pro law firm... and Lindell.

A terrific entry is this one. In an attachment by Lindell is a transcript from a hearing in Kent County, MI. Kent County objected to the "fishing expedition" subpoena and filed a Motion to Quash.

156 Dec 22, 2022
RESPONSE re 155 Supplemental MOTION for Order Protective Order Regarding Third Party Subpoenas filed by MICHAEL J. LINDELL, MY PILLOW, INC.. (Attachments: # 1 Declaration Declaration of Andrew Parker, # 2 Exhibit Ex. 1 to Parker Declaration)(Parker, Andrew) (Entered: 12/22/2022)
https://www.courtlistener.com/docket/59 ... illow-inc/

Here's the transcript. It's too good and too funny to spoil how it turns out . Enjoy, it's only 42 pages and transcripts have lots of white space. :lol:

https://storage.courtlistener.com/recap ... .156.2.pdf
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Dominion Sues MyPillow And Mike Lindell For $1.3B

#599

Post by Slim Cognito »

Since Lindell apparently believes his bullshit, would that make proving malice more difficult in this case than the Fox News case?
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Dominion Sues MyPillow And Mike Lindell For $1.3B

#600

Post by sugar magnolia »

Slim Cognito wrote: Tue Apr 18, 2023 7:36 am Since Lindell apparently believes his bullshit, would that make proving malice more difficult in this case than the Fox News case?
I'm not sure "fucking stupid" is a legit defense.
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