FC: Judge dismisses Ford suit against 2600 for fuckgeneralmotors.com

[Declan McCullagh <declan () well com>]

Previous message:

"2600 wins against Ford, federal judge denies injunction"
http://www.politechbot.com/p-02960.html

---

From: "Eric C. Grimm" <ericgrimm () mediaone net>
Subject: RE: Okay, I can make it official now!
Date: Sat, 22 Dec 2001 22:44:35 -0500

There was another Order in Ford v. 2600, also signed on 20 Dec., 2001.

That one is NOT on the Website.  (John Young, if Cryptome wants a copy, i'll
need to find a way to scan it).

Bottom line:  Rule 12(b)(2) and Rule 12(b)(6) motions have been GRANTED.
Whole case is kicked out of court.

See the PACER report at the end of the email (Dkt. #23, which only reflects
HALF of the ruling that was issued).  Evidently -- see also the mis-date on
Dkt #9 -- the clerk's office doesn't alway catch all the details.

ECG

-----Original Message-----
> On Behalf Of Bill Stewart
> Sent: Saturday, December 22, 2001 3:53 PM
>
> Perhaps I misunderstood what I read, but I thought the decision was to
> deny a preliminary injunction, not to declare that they'd lost
> the whole suit.
> It denies it really enthusiastically, kicking apart just about everything
> that the plaintiff tried to claim, so it sounds like Ford's chances
> if they move forward with the rest of the suit are pretty low,
> but don't they have to finish losing before they can appeal?

"Except as provided in subsections (c) and (d) of this section, the courts
of appeals shall have jurisdiction of appeals from:

        (1) Interlocutory orders of the district courts of the United States
. . . granting, continuing, modifying, refusing or dissolving injunctions,
or refusing to dissolve or modify injunctions, except where a direct review
may be had in the Supreme Court;"

28 U.S.C. sec. 1292(a).


**********************************************************************

4/17/01  9       EXPARTE motion by plaintiff to submit reply brief in
                 excess of five pages with attachments (ew)
                 [Entry date 05/18/01]

4/18/01  1       COMPLAINT - with attachments - Receipt # 416524  - Date Fee
                 Received: 04/18/01 (LD) [Entry date 04/20/01]

4/18/01  2       MOTION by plaintiff Ford Mtr Co for preliminary
                 injunction with brief and notice of hearing (LD)
                 [Entry date 04/20/01]

4/18/01  --      REPORT sent to Washington (LD) [Entry date 04/20/01]

4/24/01  3       NOTICE by plaintiff Ford Mtr Co of setting hearing on
                 motion for preliminary injunction by Ford Mtr Co [2-1] for
                 2:30 5/2/01 (sj) [Entry date 05/02/01]

5/1/01   4       ORDER reassigning and transferring case  from Judge
                 Marianne O. Battani in Ann Arbor  to Judge Robert H.
                 Cleland  in Detroit    - Reason: companion case (sj)
                 [Entry date 05/02/01]

5/1/01   6       RE-NOTICE by plaintiff of setting hearing on  motion for
                 preliminary injunction by Ford Mtr Co [2-1] for 2:00
                 5/18/01 with proof of mailing. (PP) [Entry date 05/07/01]

5/2/01   --      MOTION hearing  adjourned  on motion for preliminary
                 injunction by Ford Mtr Co [2-1] to 2:00 5/18/01  - Judge
                 Robert H. Cleland (lt) [Entry date 05/03/01]

5/3/01   5       AFFIDAVIT  regarding service of the complaint, notice of
                 hearing, motion and brief for preliminary injunction upon
                 defendant via e-mail (RH) [Entry date 05/04/01]

5/8/01   7       WAIVER of service sent on 5/1/01 and signed by defendant
                 Emmanuel Goldstein - answer due 6/30/01 for Emmanuel
                 Goldstein (PP) [Entry date 05/09/01]

5/14/01  13      SUMMONS returned  executed by personal service on 5/12/01 -
                 answer due 6/1/01 for Emmanuel Goldstein (ew)
                 [Entry date 05/18/01]

5/14/01  14      SUMMONS returned  executed by personal service on 5/1/01 -
                 answer due 5/21/01 for 2600 Ent (ew) [Entry date 05/18/01]

5/14/01  16      MOTION and supporting memorandum by defendants for
                 protective order with attachment and proof of mailing (lh)
                 [Entry date 05/21/01]

5/15/01  12      RESPONSE and brief by plaintiff Ford Mtr Co to motion for
                 protective order (not on docket) with proof of mailing and
                 attachments (ew) [Entry date 05/18/01]

5/15/01  19      HEARING brief by plaintiff Ford Mtr Co in support its
                 motion for preliminary injunction by Ford Mtr Co pursuant
                 to Judge Cleland's Guidelines [2-1] with attachments (lh)
                 [Entry date 05/22/01]

5/17/01  8       DECLARATION of Eric Corley (ew) [Entry date 05/18/01]

5/17/01  10      MEMORANDUM by defendant in opposition to motion for
                 preliminary injunction by Ford Mtr Co [2-1] with proof of
                 mailing (ew) [Entry date 05/18/01]

5/17/01  11      PROTECTIVE order  by Judge Robert H. Cleland in favor of
                 defendants [EOD Date:  5/18/01] (ew) [Entry date 05/18/01]

5/18/01  --      MOTION hearing  held  on motion for preliminary injunction
                 by Ford Mtr Co [2-1]   - disposition: TAKEN UNDER
                 ADVISEMENT  - Judge Robert H. Cleland   - Court Reporter:
                 Mary Wisneski (lt) [Entry date 05/18/01]

5/18/01  17      ORDER by Judge Robert H. Cleland granting motion to submit
                 reply brief in excess of five pages by Ford Mtr Co [9-1]
                 [EOD Date  5/21/01] (lh) [Entry date 05/21/01]

5/18/01  18      ANSWER (objections) by defendant to to admission of
                 complaints evidence [1-1] with proof of mailing (lh)
                 [Entry date 05/21/01]

5/18/01  20      OBJECTIONS by plaintiff Ford Mtr Co to declaration [8-1]
                 with attachments and proof of mailing (lh)
                 [Entry date 05/22/01] [Edit date 05/22/01]

5/18/01  23      ACKNOWLEDGMENT of service of summons and complaint by
                 defendant Emmanuel Goldstein - received on 5/1/01 - answer
                 due 5/21/01 for Emmanuel Goldstein (lh)
                 [Entry date 05/24/01]

5/22/01  21      SUPPLEMENTAL declaration of Eric Corley with exhibits (lh)
                 [Entry date 05/23/01]

5/22/01  22      PROOF of mailling of supplemental declaration of Eric
                 Copley (lh) [Entry date 05/23/01]

5/24/01  24      TRANSCRIPT taken on 5/18/01 of Motion (lh)
                 [Entry date 05/25/01]

5/24/01  25      NOTICE by plaintiff Ford Mtr Co of  deposit of registrar
                 certificate for internet domain name with attachment and
                 proof of mailing (lh) [Entry date 05/25/01]

7/3/01   26      EXPARTE motion and supporting brief by 2600 Ent and
                 Emmanuel Goldstein  for leave to file a supporting
                 memorandum more than 20 pages in length  with brief and
                 proof of mailing (lh) [Entry date 07/03/01]

7/5/01   27      MOTION and memorandum by defendant to dismiss for lack of
                 jurisdiction with attachment, and proof of mailing. (PP)
                 [Entry date 07/06/01]

7/9/01   28      ORDER   by Judge Robert H. Cleland granting motion  for
                 leave to file a supporting memorandum more than 20 pages in
                 length  by Emmanuel Goldstein, 2600 Ent [26-1]  [EOD Date
                 7/10/01] (dh) [Entry date 07/10/01]

7/26/01  29      ORDER by Judge Robert H. Cleland with stipulation
                 extending plaintiff's deadline for response to motion to
                 dismiss for of jurisdiction by 2600 Ent, Emmanuel Goldstein
                 [27-1] for 8/13/01 [EOD Date:  7/27/01] (DT)
                 [Entry date 07/27/01]

8/13/01  30      RESPONSE (opposition) by plaintiff Ford Mtr Co to motion to
                 dismiss for lack of jurisdiction and failure to state a
                 claim by 2600 Ent, Emmanuel Goldstein [27-1] with proof of
                 mailing (lh) [Entry date 08/14/01]

8/24/01  31      ORDER by Judge Robert H. Cleland with unopposed motion,
                 for leave to file reply memorandum in excess of the page
                 limit [EOD Date: 8/27/01] (RH) [Entry date 08/27/01]

8/24/01  32      REPLY by defendant Emmanuel Goldstein, defendant 2600 Ent
                 to response to motion to dismiss for lack of jurisdiction
                 [27-1], with proof of service (RH) [Entry date 08/27/01]

12/20/01 33      ORDER   by Judge Robert H. Cleland granting motion to
                 dismiss for lack of jurisdiction by Emmanuel Goldstein,
                 2600 Ent [27-1]  [EOD Date  12/21/01] (ew)
                 [Entry date 12/21/01]

12/20/01 34      ORDER   by Judge Robert H. Cleland denying motion for
                 preliminary injunction by Ford Mtr Co [2-1]  [EOD Date
                 12/21/01] (ew) [Entry date 12/21/01]




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