Thunder said:
So which cases have they been dismissing? Only the judge can dismiss a case with or without predjudice! Dismissing a case with predjudice means that the complainant can not bring the same case against that same named party at a later date (and John Doe doesn't count)
Other than those who have settled or have proven to have been 1:1, which ones who were known pirates have had their cases dismissed!
A case that hasn't been heard can only be dismissed by the judge, if Sound Choice were doing away with the case there are two ways to do it!
1. if it has not yet been activated then Sound Choice can withdraw the complaint, no harm no foul and they can't be sued for it!
2. If a complaint has been filed and the opposing party has already answered the complaint then Sound choice can non-suit the filing and while the judge can sanction Sound Choice for the opposing parties attorney fees and reasonable expenses, sanctions are very seldom issued on a first non-suit A non-suit can be refiled for a period of 1 year, and again there is no penalty for this action!
In some of the cases where defendants were not identified and can not be identified those are withdrawn, in other cases where the defendant was not identified and a John or Jane Doe filing was made and they were later identified the filing is withdrawn and ammended to include that persons Name and address!
Please tell me where to look for the cases you say Sound Choice is dismissing!
Apparently I have to use very precise language for you to comprehend what I am saying, so I will.
You are correct- SC isn't legally "dismissing" anything, because they haven't been and won't go to court. Of course it doesn't neccesarily have to either, but that's another story.
What they ARE doing is naming people, then realizing that they have done so erroneously-
more often than not. There. Feel better? Of course, we disagree on "no harm, no foul", but even you would agree that we've beaten that into the ground.
You do realize that due to the very small size of the SC company, if enough people decide to fight them in court, they wouldn't have the resources to do it.
It is merely my opinion, but I believe SC backs off when the going gets too tough.
Anyway, this whole thing is a hijack, for which I take at least partial blame, and I apologize.
This thread is about the Gem series, and it has been interrupted.
Steve, if you wish to continue this discussion ( I don't, but will if requested. Prefer to let it breathe awhile) howsabout starting a new horse beating thread? :sqwink: