In Warner v. Berry, where the RIAA was suing a man who lives in a homeless shelter, the Magistrate Judge -- Hon. Kevin Nathaniel Fox -- recommended that the plaintiffs' application for a default judgment be denied, and that the plaintiffs be ordered to show cause why they should not be sanctioned under Rule 11. The Judge agreed that the default judgment should be denied, but chose not to sanction plaintiffs' attorneys...
The Magistrate Judge found that "[b]y affixing the summons on April 9, 2007, the plaintiffs demonstrated they never intended to conduct 'a thorough address investigation ...' because they employed the 'affix and mail' method of service without exercising due diligence to effect personal service pursuant to CPLR s 308(1) and (2)." Magistrate Judge Fox concluded that Plaintiffs' representation to this Court to the effect that they intended to conduct an investigation to locate Defendant's current address implicated Fed.R.Civ.P. 11(b) because it was made for the improper purpose of unnecessary delay.
We can only hope that this won't prejudice the court in the matter of Warner, Electra et al Versus Charitable Hospice for Dying, Helpless, Starving Children Who Rescue Puppies From Burning Buildings and Volunteer at the Old Folks Home. Link (via Slashdot)
I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.