#JOINDER CASE LAW vs. LEGISLATION

And #Consolidation.

Basically, does it save the Couts time & expense.

Hmph.

Frankly, Justice Moore is a lying piece of sh@#.

Court of Justice Act, RSO 1990, c C.43, s. 138.

Compare to #GoogleAI answers.

Legal Aid I’m told ironically thinks I am “adding to their expense” by simply applying for my joinder. Har har

#Pennywise pound foolish fraud.

#FrankBernhardt 3
#DreamcatcherLaw
#MorrisEstate
#GlobalWomensHeritageFund
#CatilineApplication
#AIDebate

Bluesky

Bluesky Social
Looking at all the asserted copyright registrations, which differ significantly from each other and differ extremely from the patented design, I also have lots of questions about the purported basis for #joinder here.

Another "good, but" order today from Judge Durkin, this time in Zhaoshi v. #ScheduleA

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.435606/gov.uscourts.ilnd.435606.88.0.pdf

The good news: He saw that the two complaining defendants were improperly joined.

The bad news: It doesn't seem to occur to him that any other defendants might have also been improperly joined.

#Misjoinder #Joinder #CivProMatters #PatentFedi

An all-too-common #Schedule A story:

1. Defendants file a motion to dismiss, pointing out issues that apply to all the defendants--e.g., joinder, patent validity:

https://www.scribd.com/document/694239916/XYZ-pickle-jar-v-Schedule-A-Motion-to-Dismiss-Good-Includes-Pics

2. Plaintiff dismisses those defendants, judge denies the motion to dismiss as moot without considering the issues:

https://www.scribd.com/document/694240026/XYZ-pickle-jar-v-Schedule-A-Order-Denying-MTD-as-Moot

#DesignPatents #Joinder

So I've been wondering why people never seem to talk about the "jointly, severally, or in the alternative" part of FRCP 20(a)(2) in #ScheduleA cases.

Could the reason be that, in this oft-cited decision, Judge Chang just...left it out?

Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020).

#CivProMatters #Joinder

For some reason, this decision from January only just hit on my Westlaw alerts now (maybe because it actually made it into F.Supp?).

Anyway, in this decision, a SDFL judge REJECTS joinder arguments in a #ScheduleA trademark case:

Omega, SA v. Individuals, Bus. Entities , & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349 (S.D. Fla. 2023).

#Joinder #CivProMatters

Interesting and thoughtful order from Judge Goodman (S.D. Fla.) expresses concern about inconsistent judgments when some defendants default, but others do not, in #ScheduleA cases.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.134.0.pdf

#ScheduleA #DesignPatents #Joinder #CivProMatters

- Order (PAPERLESS or pdf attached) – #134 in Chenming Zhou v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A (S.D. Fla., 1:22-cv-24013) – CourtListener.com

ORDER requiring supplemental filing. Signed by Magistrate Judge Jonathan Goodman on 9/21/2023. See attached document for full details. (mkr)

CourtListener

Okay, so in Schedule A cases, the argument in support of joining hundreds of Amazon sellers is usually something like "they're all secretly working together" or "at least selling products from a common source."

So this quote, from one of the leading plaintiff's attorneys, really stood out to me.

https://www.technologyreview.com/2023/06/20/1075088/chinese-amazon-seller-counterfeit-lawsuit/

#ScheduleA #CivProMatters #Joinder

The counterfeit lawsuits that scoop up hundreds of Chinese Amazon sellers at once

US law firms have been taking on small Amazon sellers over trademark infringement—and it’s big business.

MIT Technology Review
Another potential #LawStudentNote idea here, for anyone interested in #Patents, #Joinder, and/or #CivPro.