Ellen Mariani Lawsuit

[Jonnyclueless]

I think it was in 2003 or so she filed a lawsuit. I see tons of web sites about the filing and everything that seems to be from before the lawsuit. But I can't find anything about what actually happened. Just a bunch of conspiracy claims from her and her lawyer. The ones we always see. But I am curious how the courts handled it or what came of it. I did a search of these forums but found nothing in this area.

Anyone have any info?

[WildCat]

Dismissed (http://buttersquash.net/archives/motdismiss.pdf) by Judge Eduardo C. Robreno, who was appointed by daddy Bush! Conspiracy!!!111!!!1!

[Jonnyclueless]

Thank you, that was EXACTLY what I was looking for.

[LashL]

Dismissed (http://buttersquash.net/archives/motdismiss.pdf) by Judge Eduardo C. Robreno, who was appointed by daddy Bush! Conspiracy!!!111!!!1!


The matter was dismissed, but not by way of the draft order to which you linked. It was dismissed on April 14, 2004 pursuant to Rule 41(A)(1), which means that it was a voluntary dismissal at the plaintiff's behest.

(The plaintiff had previously obtained extensions of the time to file her opposition to defendants' motion to dismiss but never did file any opposition, but pulled the plug on the litigation instead.)

...Much like our old friend, George Simpson keeps doing... ;)

ETA: Here is the Docket Report (http://pages.google.com/edit/resipsa2006/MarianiDocket.pdf). The dismissal is entry #17.

[Jonnyclueless]

I think maybe it was the part where the court basically said "You lived in NH, the attack was in NY, why are you filing here in Penn?"

[LashL]

I think maybe it was the part where the court basically said "You lived in NH, the attack was in NY, why are you filing here in Penn?"


Had it gone any further, there is no doubt that it would have been bounced out of PA even if it wasn't dismissed outright. Philip Berg was the plaintiff's lawyer, and he was in PA, which is why he filed it there, even though it had absolutely nothing to do with PA. He did the same thing when he acted for William Rodriguez after Ellen Mariani bailed out and, not surprisingly, the court bounced it from PA to NY.

[Jonnyclueless]

Not to draw this out, but shouldn't a lawyer know this? Why would a lawyer bother to file a lawsuit in PA if it's improper venue?

[LashL]

Not to draw this out, but shouldn't a lawyer know this? Why would a lawyer bother to file a lawsuit in PA if it's improper venue?

And not to put too fine a point on it, but it's Phil Berg we're talking about here. ;)

(ETA: That's not to suggest that Berg is the only lawyer to ever do so, of course. Some lawyers deliberately start lawsuits in jurisdictions that they know are improper simply because that particular location is convenient to them, and because they know that the defendants will have to respond anyway and go through the process of having it removed to the proper jurisdiction. It is very poor form, but some lawyers - like Berg - are jerks and idiots like that.)