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

[ron_newman]

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.

Comments

[snarly.livejournal.com]

Great news! Nothing feels quite like beating a frivolous litigation. Now step over the disgraced plaintiff lying in the gutter, and get a beer with friends. :)

[laura47.livejournal.com]

such plans are in the works. :)

[pywaket.livejournal.com]

How would you know?

[snarly.livejournal.com]

Tee hee! You were on the other side of the magistrate courtroom, sillyhead!

[pywaket.livejournal.com]

Yes, but you used the word "unjustified". I do not think that word means what you think it does.

[snarly.livejournal.com]

I'm aware that you think that. The magistrate did not agree.

[lyonesse.livejournal.com]

*lol* the courts agreed with waket enough to get your ass into a cute little suit, make you pay a cute little lawyer, and take yer cronies' whole day defending your lust for putting cocksucking in other people's mouths. such a bargian, for fifteen bucks! it's true the court couldn't be bothered to pursue the matter further than a day, but that's typical; note that neither can ron_newman's team.

precise technical distinction: johnny got dismissed with prejudice. your case did not. mind the gap :)

[laura47.livejournal.com]

why do we have to turn the victory post into so much sniping?

[ron_newman]

I was wondering that myself.

[lyonesse.livejournal.com]

maybe snarly hadn't got over the butthurt of wearing a suit, and wanted to soothe himself with the notion that your victory was his as well? dunno; your guess is as good as mine.