Denied: remand motion, and other bits and bobs (EC v DA)

11 Jan

Ellora's Cave sues Dear AuthorThis is really not much of an update, since it was pretty obvious to everyone that the motion EC filed to remand the case back to state court was baseless. (Courtney Milan is graciously hosting the document, dated January 6th 2015, here.)

Judge Adams examined one of Ellora’s Cave five arguments in one paragraph, and summarily dismissed the other four in another. Call me ignorant, but it does seem that such summary dismissal would clearly indicate how little a federal judge thought of the soundness and validity of the whole thing.

I’m probably just showing my deep ignorance of all things legal, however, considering how brief the document is, it struck me that the time frame was noted repeatedly. Meaning, Judge Adams remarked twice that both parties agreed to a continuance of the TRO within four days of the original filing and two days of Dear Author/Jane Litte retaining counsel.

In other non-news, TiNut, of course, argued up and down that all the arguments by EC’s lawyer were sound and proper and shit. And we all know that online lawyers, and particularly legal bloggers without a blog, are authorities we should heed.

I welcome commentary by people who know more about these things, and will post linkage should Courtney Milan posts an analysis.

*

In other news, any EC authors who are reading this may be interested in this offer by Julaine:

I have made the offer to several authors but I will throw it out there again. If anyone wants to band together and request the audit included in the language of most contracts with EC, I, as an uninvolved bystander, will contribute a minimum of $500 to the frorensic auditor’s fee and will help organize a fundraiser to gather the additional resources needed. Until EC’s books are subjected to outside scrutiny I would personally doubt any and all royalty statements any author receives.

You can also read a bit more in the comments to this post at Karen’s blog.

*

I’ve said this before, but it bears repeating: should it eventually be proven than TiNut is either Tina Engler/Jaid Black or anyone working for EC in any capacity, this paragraph from the joint motion for continuance will likely come up in other legal documents down the road:

In the interim, all parties agree that neither they, nor anyone under their direct control, shall post on the Internet any comments specifically and directly related to the factual allegations that form the basis of Ellora Cave’s defamation complaint; further, they agree not to comment online, directly or indirectly, on the allegations that form the basis of the defamation complaint. Nothing here in shall prohibit Plaintiffs from responding to defamatory posts or re-posts made by third parties related to the issues raised in this litigation.

And of course, we also have this, directly from TE/JB, and directly about the suit and its allegations:

Jaid Black talking about the suit on twitter - December 18th 2014

Please notice that the exchange happened on December 18th, six full weeks after EC voluntarily signed the gag order quoted above. Wonder how she’ll explain this away to the federal judge, hmm?

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Finally, for the sheer glee of watching karma work, see this bit over at Karen Scott’s blog.

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7 Responses to “Denied: remand motion, and other bits and bobs (EC v DA)”

  1. kaetrin 11/01/2015 at 10:31 PM #

    I subscribe to your blog and have been getting emails with posts dating back to 2009 and 2010. I think I’ve had about 15 in the past day or two. Not a complaint but it seems like something’s wonky and I thought you might want to know! (this is why you should be on Twitter!) 🙂

    • azteclady 11/01/2015 at 10:33 PM #

      Crap.

      Crap.

      Crap.

      Crap.

      • kaetrin 12/01/2015 at 12:12 AM #

        Sorry to be the one to give you the bad news!

  2. Rowena 12/01/2015 at 12:43 PM #

    Thanks for the updates on the EC/DA case. It’s made me realize that I’m way behind on what’s happening and that I’m not following Courtney Milan’s blog (shame on me). Fixing that now.

Trackbacks/Pingbacks

  1. On that denial to remand (EC v DA) | Her Hands, My Hands - 12/01/2015

    […] nothing here, but Courtney Milan posted the layperson translation of the document, and explained what we […]

  2. Discovery? This should be interesting (EC v DA) | Her Hands, My Hands - 25/01/2015

    […] And how many extensions (or whatever they are called in legalese) they can request before the court spanks them some […]

  3. Instead of a TiNut, how about an audit? (EC v DA…sorta) | Her Hands, My Hands - 29/01/2015

    […] other hand, @ataglanceRMC suggestion sounds interesting. I wonder if there is a way to integrate Julaine’s generous offer and contributions from other interested parties–say, Ellora’s Cave authors who wonder […]

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