So there is movement today in the Schmalfeldt vs Grady et al, LOLSuit VIII. Schmalfeldt learns the hard way that the rules must be followed. After submitting his Motion to Amend for the Second Amended Complaint, the Court told him:
In using his super doxxing powers to locate the necessary six people to satisfy the court’s order, it became clear he was not going to meet the requirements to get the case into proper form.
From his motion:
Plaintiff Schmalfeldt hereby moves this honorable Court to dismiss the John Doe
defendants named in Plaintiff’s Second Amended Complaint without prejudice, namely John Doe; Peter Poe; Randy Roe; Jane Doe; Polly Poe, and Rhonda Roe, for lack of information currently available to this Pro Se Plaintiff as to their identities as anonymous commenters on blogs operated by the named defendants in the instant case. Without subpoena power at this point, Plaintiff has no way to identify or properly serve the Doe Defendants.
At first, before the motion to amend for the SAC, he was going to send a motion to the court to ask for a subpoena. When the flood of mockery became unbearable, he decided that he was going to wait.
He needed somehow to get something in the defendant’s list, so he gave us the SAC, with the intention of using subpoena power to name the defendants. Except he forgot to attach claims to the six anonymous defendants. That generated even more lulz when the District Court intervened.
In order to expedite the process, the four defendants consented to the motion to dismiss the six anonymous defendants through their attorney for judicial expediency.
That didn’t stop our Bill, though, from claiming victory, …
… even though it was Bill who threw the tantrum last week
.. and delayed submitting the order until today.
Well done, Billy.