Finicum Lawsuit

[scirreeve]

Update: Two short letters agreeing to a 30 day extension. One from Harney Co and the other from State of Oregon. Philpot has medical issues it seims.

Docket item 185 Sep 13, 2021 Response to Motion

https://storage.courtlistener.com/recap ... .185.0.pdf

Docket Item 186 Sep 14, 2021 Response to Motion

https://storage.courtlistener.com/recap ... 2.186.0.pd

Thanks Poppy (and also for the Joshy stuff). I think it is Mrs. Philpoot that has the medical issues if I am reading the stuff correctly. Also too, your second link doesn't work for me for some reason. Here it is.
https://www.courtlistener.com/docket/62 ... f-america/

Hey, thanks for the new link. I usually test links before I post but I didn't this time because I was lazy. Also, my CL links come up a little different than yours because I'm usually logged into my account.

I like how "eleventh" is boldened (is that a word?)

[Uninformed]

I believe the correct term is embolden, like embiggen.

[Gregg]

I believe the correct term is embolden, like embiggen.

Embiggen is a medical condition related to COVID caccine reactions, the symptoms are swollen testicles on your cousin's friend.

[scirreeve]

Today was the deadline for Philpoot to file an amended complaint. He did - I haven't read it yet but I am sure it is stoopid. Pierce is listed as an attorney (PHV pending). Still talking about North Korea for some unknown reason.
https://www.courtlistener.com/docket/62 ... f-america/
ETA - I scrolled through it and it appears Philpoot just recycled shit. He refers to many dismissed defendants as current defendants. He is just mailing it in to keep the poot bucks coming in I guess.

[Uninformed]

From the last part of the lawsuit:
“332. These Defendants engaged in voluntary acts that caused intentional harm and contact with LaVoy Finicum, including shooting him three times in the back.
333. As a direct, proximate and foreseeable result of these actions, LaVoy suffered deprivation of his constitutional rights, injury, harm, pain and suffering, and compensable economic loss.”

So he’s not dead?

[Gregg]

From the last part of the lawsuit:
“332. These Defendants engaged in voluntary acts that caused intentional harm and contact with LaVoy Finicum, including shooting him three times in the back.
333. As a direct, proximate and foreseeable result of these actions, LaVoy suffered deprivation of his constitutional rights, injury, harm, pain and suffering, and compensable economic loss.”

So he’s not dead?

He lives in the hearts of True Patriots!

[Dave from down under]

His legend* will never die!


* like King Arthur’s - a fabrication

[RTH10260]

Hasn't LaVoy already made himself a hero by writing that gun slinger epos?

[Gregg]

Has he preformed the three miracles to be beautified?

[qbawl]

Has he preformed the three miracles to be beautified?

There does seem to be evidence he appeared to Loomer during her recent defugilty.

[jcolvin2]

* like King Arthur’s - a fabrication

Instead of Excalibur, LaVoy had a .45 caliber.

[RVInit]

Every time I see this pop up, my mind seems to automatically change the title to "Jarndyce v Jarndyce"......

Thanks a lot. And now for me, too.

[Phoenix520]

Off Topic

Where on earth did I get the idea that Zinwhit is a woman?

[Foggy]

[somerset]

A classic. And still true today

[poplove]

Some updates including Motion to Dismiss. Apparently Mr Philpoot is super duper busy with other cases, or something, because he won't answer any phone calls or emails from the defendants.

191
Oct 28, 2021
Motion to Dismiss for Failure to State a Claim (Titled "State Defendants' FRCP 12(b)(6) Motions Against Third Amended Complaint"). Oral Argument requested. Filed by Oregon State Police, Katherine Brown, State of Oregon. (Smith, James) (Entered: 10/28/2021)
https://storage.courtlistener.com/recap ... .191.0.pdf

192
Oct 28, 2021
Declaration of James S. Smith in Support of FRCP 12(b)(6) Motions Against Third Amended Complaint. Filed by Katherine Brown, Oregon State Police, State of Oregon. (Related document(s): Motion to Dismiss for Failure to State a Claim, 191 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Smith, James) (Entered: 10/28/2021)
https://storage.courtlistener.com/recap ... .192.0.pdf
https://storage.courtlistener.com/recap ... .192.1.pdf
https://storage.courtlistener.com/recap ... .192.2.pdf

[scirreeve]

Thanks Poppy - you are the best. I will read this stuff later but a quick look confirms what I though when Philpoot filed the 3rd complaint. He just recycled his old shit.

Capture.JPG (100.08 KiB) Viewed 1766 times

[scirreeve]

LOL - I finally got around to reading this. Philpoot is missing as Poppy noted. Wonder if the widder didn't pay him.

[scirreeve]

Hmm - filings today. Did case get dismissed? Can't tell for sure cuz no PACER.

Capture.JPG (13.94 KiB) Viewed 1659 times

[poplove]

Hmm - filings today. Did case get dismissed? Can't tell for sure cuz no PACER.
Capture.JPG

I went and grabbed them and no, not dismissed yet.

193
Oct 29, 2021
Main Doc­ument Dismiss for Failure to State a Claim
https://storage.courtlistener.com/recap ... .193.0.pdf

194
Oct 29, 2021
Main Doc­ument Declaration
https://storage.courtlistener.com/recap ... .194.0.pdf
Attach­ment 1 Attachment Exhibit 1
https://storage.courtlistener.com/recap ... .194.1.pdf
Attach­ment 2 Attachment Exhibit 2
https://storage.courtlistener.com/recap ... .194.2.pdf

[scirreeve]

Thanks Poppy. I owe you some PACER bux. Sounds like no one can find Philpoot.

[northland10]

The other interesting docs are from James Smith.

I, James S. Smith, declare under penalty of perjury:
1. I am a Senior Assistant Attorney General with the Oregon Department of Justice and make this declaration in support of the State Defendants’ FRCP 12(b)(6) Motions against the Third Amended Complaint.

2. Mindful of the LR 7-1 requirement that there be conferral before motion practice, I sent an email to plaintiffs’ counsel October 18, 2021. A copy of that email is attached as Exhibit 1.

3. Having received no response from counsel, I called his office and left a voicemail October 22, 2021, at about 3:30pm PDT. I heard nothing from counsel, and left another voicemail message October 26, 2021, at about 11:30am PDT.

4. Having received no response to my email or my phone messages, I sent counsel another email October 26, 2021. A copy of that email is attached as Exhibit 2. I received a response to this email from California attorney John Pierce, who indicated that he was adding his “associate” Ryan Marshall to “coordinate as necessary”, but heard nothing further from Mr. Philpot, Mr. Pierce or Mr. Marshall. Neither Mr. Pierce nor Mr. Marshall are attorneys of record
for plaintiffs in this case.

Pisspot listed Pierce as "Lead Counsel" and "PHF Admission Pending" on the TAC (third amended complaint) but I cannot find any petition for PHV on the docket nor have I seen an appearance. We all know Ryan Marshall is not admitted to practice law, anywhere.

Pisspot appears to be trying to get out of the case, but Pierce has not done his part to make that happen. Pee Pee (PHilpot and Pierce) appear to be doing nothing.

James Smith declaration (which I basically copied above.
https://storage.courtlistener.com/recap ... .192.0.pdf

Attachment 1 - email to Pisspot to confer as per the court requirements.
https://storage.courtlistener.com/recap ... .192.1.pdf

Attachment 2 - email to Pisspot. Executive summary: "Hello, is this thing on?"
https://storage.courtlistener.com/recap ... .192.2.pdf

[poplove]

Docket update: Ryan Marshall from Pierce Bainbridge officially asking to join in on the fun.

195 Nov 8, 2021 Main Doc­ument Leave to Appear Pro Hac Vice
https://storage.courtlistener.com/recap ... .195.0.pdf

[northland10]

To the attorneys, what is the rule on Provisionally Licensed attorneys and PHV? California shows him as Provisionally Licensed as of 2 Nov 2021, i.e. last week.

[Flatpoint High]

To the attorneys, what is the rule on Provisionally Licensed attorneys and PHV? California shows him as Provisionally Licensed as of 2 Nov 2021, i.e. last week.

https://www.calbar.ca.gov/Admissions/Sp ... ed-Lawyers:

In response to the challenges of the COVID-19 pandemic, in July 2020, the California Supreme Court directed the State Bar "to implement, as soon as possible, a temporary supervised provisional licensure program—a limited license to practice specified areas of law under the supervision of a licensed attorney." The State Bar convened the Provisional Licensure Working Group, led by Trustee Hailyn Chen, which crafted the draft rule and amendment. Both were circulated for public comment and approved by the Board of Trustees before being submitted to the California Supreme Court for final approval.