Ron Newman ([personal profile] ron_newman) wrote in [community profile] davis_square2013-06-07 03:52 pm

VICTORY! The Jonmon lawsuit is over! Dismissed voluntarily with prejudice by the plaintiff

My awesome lawyer Dan Booth has just informed me that Jonathan Monsarrat's lawyer has filed a Notice of Voluntary Dismissal With Prejudice. This means that the case is OVER, against all defendants, named and unnamed, Doe and Buck alike. "With Prejudice" means that it can never be filed again, against any of us, for any statement in any of the exhibits that were attached to the complaint.

Johnny Monsarrat and his lawyer tried several times to reach a settlement agreement with Dan and me, but for various reasons we ended up rejecting each proposal. In the end, he has simply given up, without any mutual agreement, public or private.

Here's the official text of the notice:

NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE

Pursuant to the provisions of Mass. R. Civ. P. 41(a)(1)(i), the Plaintiff, Jonathan Graves Monsarrat, in the above-captioned matter, hereby files and gives notice of dismissal, with prejudice and without costs to either party, as to Deb Filcman, Ron Newman, the Doe Defendant identified as Doe Defendant "srakkt" in paragraph 51 of the Amended Complaint, whose real name is Richard James Scheffler of Somerville, Massachusetts, and John and Jane Does 1-99, as defendants in the Amended Complaint.

ETA: If Johnny had not voluntarily dismissed the lawsuit today, Dan Booth was ready to file this motion to dismiss and this supporting memorandum on Monday. (The supporting memo is the more interesting document.) It would be a shame for Dan to go to all that trouble and not be able to share his work, so I'm linking it here with his permission, for your legal edification.

[identity profile] firstfrost.livejournal.com 2013-06-07 09:20 pm (UTC)(link)
I will count my donation to the fund as helping secure (in moral support, at least) a victory over an unpleasant annoyance. I don't need to have it reframed as a loss. He hasn't won.

[identity profile] koshmom.livejournal.com 2013-06-07 09:32 pm (UTC)(link)
I do agree with you that he hasn't "won" (I wish I could edit that post) but he has succeeded in his twisted goal. of course, that "success" comes at a cost to his pocketbook and to his credibility. He has succeeded in bullying an entire community. It's a sad state when a person can legally bully a group of people into spending money to defend themselves, especially when he is willing to spend his own money on this bullying.

[identity profile] thetathx1138.livejournal.com 2013-06-07 09:48 pm (UTC)(link)
So, basically, he made us uncomfortably warm by setting himself on fire?

[identity profile] ukelele.livejournal.com 2013-06-08 12:10 am (UTC)(link)
Welp, you win the metaphor competition for the day.

[identity profile] halleyscomet.livejournal.com 2013-06-12 05:37 pm (UTC)(link)
"he made us uncomfortably warm by setting himself on fire"

Comments like that are the reason I never drink while reading forums. If I'd been sipping coffee when I read that line I'd be approaching our IT guy for a new keyboard.