nanog mailing list archives

Re: Re Parler and its very underprepared attorney


From: "Anne P. Mitchell, Esq." <amitchell () isipp com>
Date: Thu, 14 Jan 2021 13:50:59 -0700



Per reporting by Katherine Long of the Seattle Times, during
that hearing Parler's attorney:

      - forgot the name of Parler's CEO

      - stated that he's unfamiliar with some of the terminology
      because he's not on social media

      - admitted that he filed a day late because he needed to
      update his PACER account

This is because, if reports can be believed, Parler's own lawyers abandoned ship a few days ago.

I am not an attorney but my general understanding is that if you wish
to file a civil complaint against multiple defendants that you should
actually go through the trouble of naming them all as defendants on the
complaint (and serving them).

It's actually not uncommon to include unnamed defendants  - however, in order to do so, and in order to reserve the 
ability, one needs to include in the list of defendants something  like "And Does 1-10', or such (or request leave to 
amend the complaint).

Given everything everything, I'd say it's pretty clear that this attorney took the case at the 11th hour.  He is a 
patent and other IP issues attorney - which this case is not.

Anne

--
Anne P. Mitchell,  Attorney at Law
Dean of Cyberlaw & Cybersecurity, Lincoln Law School
CEO, SuretyMail Email Reputation Certification
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)ultant
Board of Directors, Denver Internet Exchange
Chair Emeritus, Asilomar Microcomputer Workshop
Former Counsel: Mail Abuse Prevention System (MAPS)


Current thread: