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.Chilidog wrote: ↑Tue Jan 25, 2022 6:41 pmhttps://www.businessinsider.com/mike-li ... uit-2022-1Lawyers 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.
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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
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
But wait, there's more!
Just two beautiful pages.
Another step closer to Dominionmatic (or Smartminion) Pillow Company!
Orly must be so jealous seeing her beloved /s/ & /s/ being used against Lindell.
Just two beautiful pages.
https://s3.documentcloud.org/documents/ ... appeal.pdfNo. 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
Another step closer to Dominionmatic (or Smartminion) Pillow Company!
Orly must be so jealous seeing her beloved /s/ & /s/ being used against Lindell.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
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
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. Hope we can count of Lin Wood again, he was very effective.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
Tim Walz’ Golden Rule: Mind your own damn business!
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
“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
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
If you can't lie to yourself, who can you lie to?
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
OMG SUPER BONUS!
Page 10 references (drumroll)... HOLLISTER v. SOETORO! Also forgot, who was President Obama's lawyer? Marc Erik Elias!
https://dockets.justia.com/docket/distr ... 254/134576
ETA: Gregg's pal Doug Frank gets a lot of ink in this. It's a great filing.
Page 10 references (drumroll)... HOLLISTER v. SOETORO! Also forgot, who was President Obama's lawyer? Marc Erik Elias!
https://dockets.justia.com/docket/distr ... 254/134576
ETA: Gregg's pal Doug Frank gets a lot of ink in this. It's a great filing.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
Uninformed wrote: ↑Wed Feb 16, 2022 8:40 pm
SMARTMATIC DEFENDANTS’ MOTION FOR RULE 11 SANCTIONS
https://storage.courtlistener.com/recap ... 18.0_1.pdf
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.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;
Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
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
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
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
Byrne's motion to dismiss dennied.
https://storage.courtlistener.com/recap ... 6.34.0.pdf
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
The memorandum in support: https://storage.courtlistener.com/recap ... 6.33.0.pdf
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Re: Dominion Sues MyPillow And Mike Lindell For $1.3B
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
Poor Mikey mixed business with pleasure. Always a mistake.
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Dominion Sues MyPillow And Mike Lindell For $1.3B
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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And the truth shall ever come uppermost,
And justice shall be done.
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As round and round we run;
And the truth shall ever come uppermost,
And justice shall be done.
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Dominion Sues MyPillow And Mike Lindell For $1.3B
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
OMGOMG these are priceless!
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 .
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.
Zach's Daily Beast story about all the screaming, from Ali Akbar to Seb Gorka https://www.thedailybeast.com/how-a-dom ... ref=scroll
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 .
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.
Zach's Daily Beast story about all the screaming, from Ali Akbar to Seb Gorka https://www.thedailybeast.com/how-a-dom ... ref=scroll
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Dominion Sues MyPillow And Mike Lindell For $1.3B
"Peaceful transfer of power"Neal Reynolds
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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
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.
https://storage.courtlistener.com/recap ... .156.2.pdf
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.
https://storage.courtlistener.com/recap ... .156.2.pdf
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Dominion Sues MyPillow And Mike Lindell For $1.3B
Since Lindell apparently believes his bullshit, would that make proving malice more difficult in this case than the Fox News case?
x5
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Dominion Sues MyPillow And Mike Lindell For $1.3B
I'm not sure "fucking stupid" is a legit defense.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?