[tz] Civil suit; ftp shutdown; mailing list shutdown
marshall.eubanks at gmail.com
Sun Feb 12 21:51:27 UTC 2012
On Sun, Feb 12, 2012 at 4:14 PM, John Hawkinson <jhawk at mit.edu> wrote:
> John Hawkinson <jhawk at MIT.EDU> wrote on Fri, 7 Oct 2011
> at 03:15:23 +0000 in <20111007031523.GB25751 at homeworld.netbsd.org>:
>> The suit, if you wish to read it is, Astrolabe, Inc. v. Olson et al,
>> docket number 1:11-cv-11725-GAO. The other plaintiff is Paul
> The last activity the Court's docket reports is the summons
> to Eggert and Olson was issued on September 30th, and the summons
> has not been returned (i.e. they have not been served).
> As I understand it, according to rule 4(m) of the Federal Rules of
> Civil Procedure, the Astrolabe had 120 days to serve Eggert and Olson
> with the complaint. Assuming calendar days, which I think are correct
> here, that 120 days would be up as of January 28, about 2 weeks ago.
> I am rather uncertain what to think.
On January 12th, the EFF announced
"Today, we’re taking the battle to Astrolabe, and starting the process
for seeking sanctions under Rule 11 of the Federal Rules of Civil
Procedure. Rule 11 requires litigants to conduct a reasonable inquiry
into the facts and law before filing any paper with the court.
Obviously, that didn’t happen here. Astrolabe now has 21 days to
withdraw its Complaint. If it doesn’t do so, the Rule 11 “safe
harbor” expires and we’re free to ask the court for sanctions. Once
the court reviews Astrolabe’s preposterous claims, and their dangerous
consequences, we expect it will agree with us and punish both the
company and its attorney so they never again try to abuse the legal
Jan 12 + 21 days is Thursday, February 2nd. I am not a lawyer, but I
would expect the EFF to ask for sanctions forthwith.
I would also note that Astrolabe's lawyer has been sanctioned before.
> --jhawk at mit.edu
> John Hawkinson
> Summons Issued as to Paul Eggert, Arthur David Olson. Counsel
> receiving this notice electronically should download this summons,
> complete one for each defendant and serve it in accordance with
> Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not
> receiving notice electronically for completion of service.
> (York, Steve) (Entered: 09/30/2011)
More information about the tz