Legal LULZ Du Jour


The Cabin Boy™ has a DOOM CLOCK running over at his Derp Brain Radio website (No, I won’t link to it.) that shows 32 days remaining for the return of waiver of service forms he says he’s sent to the defendants in LOLsuit VI: The Undiscovered Krendler.

Fed. R. Civ. P. 4(d)(3) says—

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent[.]

Even if the waiver request forms had been sent the day the LOLsuit was filed, there would still be 54 days remaining for the defendants to respond. But I suppose following the Rules is hypertechnical. And math is hard.

UPDATE—Or perhaps it means that the Cabin Boy™ is exercising his option to allow at least 30 days but less than 60 days for the return of the waiver forms. Whatever. Setting the minimum time for return of the waiver forms won’t change when any answers or dispositive motions are due.

popcorn4bkUPDATE 2—The Cabin Boy™ has a post up “correcting” this one. I checked his “correction” with a lawyer, and I’ll wait for Schmalfeldt to find out the hard way how wrong he is.

Oh, and I see from his post that he’s still too afraid to include me in his LOLsuit.

14 thoughts on “Legal LULZ Du Jour

  1. Math is hard. Recognizing personal jurisdiction doesn’t just exist wherever your fat ass moves to is harder.

    • Remember defendants only have to pay costs if they lose and they are ordered to pay costs.
      So there is no reason to waive service.
      See if Billy can find $1,400 to $4,200 to serve all 28 defendants.
      F+++k him. If he wants to sue the world, he needs to pay. That’s the only way, anyone is going to get any money out of him. To repeat, f+++++++k him.

      • Correction: Let him pay and then object to impose of costs with the motion to dismiss.
        One should not have to pay to be served with a frivolous lawsuit.
        Especially since it is LOLsuit VI and LOLsuit V was dismissed WITH PREJUDICE.

  2. Wait, he decided to correct it because of your post.. and still got it wrong?

    Just another day that ends in Y where the monkey dances and is still wrong.

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