How long has this been going on? This lawsuit based on NOTHING? Nearly 9 months, funny, the same as a human gestational period. Of course you get no cuddly little baby out of it so it really has little in common with gestation human or otherwise.
I’ve been trying to get these people off my case for what seems like an eternity. Several times in court I’ve gone in with the (foolishly) optimistic fantasy that finally the judge will come to his senses, quit being a woos or a sellout/panderer and dismiss the damn thing. Never happened, but I wanted to hear him (probably unrealistic) say “plaintiff and plaintiff sucky useless bottom feeding law firm – you got nothin’ get out of my courtroom”. Those words, while not making up for the ridiculously stupid demands on my time, would have been satisfying to hear from a need for vindication point of view.
Well, I finally got my wish, at least the dismissal part, the scummy unlawful firm, having received my brilliantly-inspired Discovery Documents, finally realized that I am no born-today rube and that this could go on for a long damn time. No easy judgment in their favor (the default judgment was easy for them but I got it thrown out so it wasn’t easy either). Getting the default judgment vacated was the closest thing I’ve got to my “get out of my courtroom” fantasy. The judge, at the hearing on the motion to vacate, disagreed with the scummy attorney and said “You did not get a judgment on the merits, you got a judgment because defendant was not present in the courtroom”. So I’ll settle for that I guess.
But slimey attorney was forced to realize that the discovery documents I sent were going to be a WHOLE LOT OF WORK to answer and since he knew he didn’t have a leg to stand out, why waste anymore time on this case going nowhere. Which is what I’ve been saying since the very beginning. He does not have to get an order from the court though to dismiss it seems. The party filing suit, unless there is a counterclaim, can dismiss because they want to (aka confess they got nothin).
Except, I expended, at least to me, considerable expense defending this barren case and I want my expenses reimbursed. So I gotta look up that issue and see where I stand, if I can still file a motion for my expenses. I do believe I requested in my motion for summary judgment and memorandum in support thereof that I be reimbursed for my expenses “and such other and further relief as the court deems just and equitable”.
Or rather than researching all that, I could just file a motion for my fees and it will either fly or not. But I guess I really don’t want to give him (slimey guy) one last attorney to come out on top/prevail if it turns out my request would have been denied. It’s a psychological thing, granted, but nonetheless.
I’ll look into and see what the score is but HOORAY FOR ME such as it is. Dismissed without prejudice because its his call. BUT I think I need to make a trip to federal court and file my own lawsuit for violation of the FDCPA and give scumsuckers at law a taste of their own medicine. So, after a sufficient amount of time has passed to regather my thoughts onto something worthwhile, that’s what I’m gonna do.
Too bad I can’t sue them for what they really deserve for their arrogant disregard for the law and the misuse of the courts time and for apparently playing footsie with one or more judges to get them to play along.
Eitherway, ta ta for now suckers.