Alan vs. KJ

[Mission146]

Maybe the court lacking subject matter jurisdiction would be a Motion to Dismiss, as opposed to Summary Judgment...I'm not sure which motion that would be.

I'd file a motion to dismiss in the scenario you posited.

Lack of jurisdiction means the chosen court lacks the legal power and ability to hear the case and render an enforceable judgment.

I did know that...that's why I figured I said the wrong motion. Motion for Summary Judgment would be when looking at the case in the light most favorable to the non-moving party there is no tort for which relief can be granted, or some such. If the venue were improper, then it shouldn't even get that far.

One thing that I know is that there is such a thing as a Motion to Change Venue, but I'm not sure what function that serves, if any, in a civil matter. If the civil matter is dismissed for want of jurisdiction, that would necessarily be a dismissal with prejudice, but would filing in the proper jurisdiction be precluded on the grounds of res judicata for a case that wasn't decided on the merits to begin with?

So, if you were the other party...would you move to change venue or just accept the dismissal and file a new complaint in a court with subject matter jurisdiction?

[Mission146]

So, essentially, just threatening to file a case is enough to compel the would-be defendant to have to respond? That is a stupid rule, in my opinion.

It's more than a threat.

But, less than filing a case. It seems unfair to put someone in a position where they are required to respond to anything without an actual complaint being filed...just seems like a strange procedure to have. What is the reasoning in favor of such a thing?

[kewlJ]

Oh, I relied on KJ's comment that he'd "publicly offered his legal services to Alan free of charge."

MisterV, I was referring to the first line of Mdawgs post at GF today which read "I am willing to advise Alan on exactly what to file and how to do it himself, In Pro Per."

He was offering legal advice as an attorney and as such his identity as an attorney and legal credential became fair play.

I did say legal services when I posted here and would have been clearer if I had said legal advice. I apologize if that was misleading. Was not intentional.

[kewlJ]

He got what he want when his whining led to KJ getting suspended.

Alan did NOT get what he wanted. He was lobbying hard for my banning.

Since the mods discussed the situation for a solid 24 hours, I suspect there wasn't total agreement. I also suspect Mike thought he had to do something. I am ok with the results. While I don't think saying "Alan has shown every sign of a problem gambler" is a defamatory a remark as saying someone IS a problem gambler, I suspected Alan's feeling would be hurt and he would complain. No surprises.

And why my intention was not to be mean to Alan, if he "looked in to" or considered or thought about giving up his home, to live and play at casinos, he needs to hear that is a terrible idea for someone like him. Even if he ultimately didn't follow through. So I have no regrets.

And still have nothing against Alan. Well, nothing major anyway. I will always think he was intentionally dishonest in the tracking two tables discussion and running out and taking blurry pictures, but I am not out to get him or trying to be mean to him.

[Ozzy]

We shall see if lawsuit Alan has the gonads to come back to his pride in joy. You can do it Andrew. 100% he's reading EVERY word here.

[monet]

We shall see if lawsuit Alan has the gonads to come back to his pride in joy. You can do it Andrew. 100% he's reading EVERY word here.

You think he reads the sub-forum Movies, Media, and Television??

[MisterV]

One thing that I know is that there is such a thing as a Motion to Change Venue, but I'm not sure what function that serves, if any, in a civil matter. If the civil matter is dismissed for want of jurisdiction, that would necessarily be a dismissal with prejudice, but would filing in the proper jurisdiction be precluded on the grounds of res judicata for a case that wasn't decided on the merits to begin with?

So, if you were the other party...would you move to change venue or just accept the dismissal and file a new complaint in a court with subject matter jurisdiction?

Here's how it works:

Jurisdiction is the courts POWER to hear a case.

So if a case that should have been filed in Nevada was filed in California and the court dismissed it, it can then be refiled in the correct state, i.e. Nevada, without prejudice (so long as an applicable statute of limitations has not expired).

Venue typically means the correct county to file a case within a state that has jurisdiction;

Venue usually lies where the transaction occurred and / or where the parties reside.

Sometimes people file in the wrong county for many reasons, and if the other party or one of the other parties objects, they file a motion in that county to change venue, asking the court to transfer the case to the correct county.

One hazard of filing in the wrong county is that if a motion to change venue is upheld you'll typically be ordered to pay the other party's attorney fees.

[accountinquestion]

When the process server comes knocking are you answering the door kewl?

[Ozzy]

We shall see if lawsuit Alan has the gonads to come back to his pride in joy. You can do it Andrew. 100% he's reading EVERY word here.

You think he reads the sub-forum Movies, Media, and Television??

You got me there, I don't beleive he's reading the MMT threads, that you and Tableplay completely dominate

[accountinquestion]

We shall see if lawsuit Alan has the gonads to come back to his pride in joy. You can do it Andrew. 100% he's reading EVERY word here.

You think he reads the sub-forum Movies, Media, and Television??

You got me there, I don't beleive he's reading the MMT threads, that you and Tableplay completely dominate

You should give it a whirl. You check out the "documentaries" thread?

I had no idea there were so many goddam looney tunes batshit crazy mercury huffing mother fuckers with their very OWN YouTube shows.

[Rob.Singer]

He got what he want when his whining led to KJ getting suspended.

Alan did NOT get what he wanted. He was lobbying hard for my banning.

Since the mods discussed the situation for a solid 24 hours, I suspect there wasn't total agreement. I also suspect Mike thought he had to do something. I am ok with the results. While I don't think saying "Alan has shown every sign of a problem gambler" is a defamatory a remark as saying someone IS a problem gambler, I suspected Alan's feeling would be hurt and he would complain. No surprises.

And why my intention was not to be mean to Alan, if he "looked in to" or considered or thought about giving up his home, to live and play at casinos, he needs to hear that is a terrible idea for someone like him. Even if he ultimately didn't follow through. So I have no regrets.

And still have nothing against Alan. Well, nothing major anyway. I will always think he was intentionally dishonest in the tracking two tables discussion and running out and taking blurry pictures, but I am not out to get him or trying to be mean to him.

You continue to show how full of shit you've always been. You have an overall MO of hate, jealousy, and a twisted belief that your delusional "man about town" status somehow allows you to concoct situational "realities" about others whom you, as usual, truly know nothing about.

Alan made a fool out of you and your moronic "two-table" fairy tale, and because your entire failed and misery-driven life is lived mostly in shame on internet forums, he tagged you with some black & blue that will never go away. That's why you stupidly feel "qualified" to insert your nosey old lady opinions and pussified drama queen allegations into everything you can't handle.

Wise up.

[Mission146]

One thing that I know is that there is such a thing as a Motion to Change Venue, but I'm not sure what function that serves, if any, in a civil matter. If the civil matter is dismissed for want of jurisdiction, that would necessarily be a dismissal with prejudice, but would filing in the proper jurisdiction be precluded on the grounds of res judicata for a case that wasn't decided on the merits to begin with?

So, if you were the other party...would you move to change venue or just accept the dismissal and file a new complaint in a court with subject matter jurisdiction?

Here's how it works:

Jurisdiction is the courts POWER to hear a case.

So if a case that should have been filed in Nevada was filed in California and the court dismissed it, it can then be refiled in the correct state, i.e. Nevada, without prejudice (so long as an applicable statute of limitations has not expired).

Venue typically means the correct county to file a case within a state that has jurisdiction;

Venue usually lies where the transaction occurred and / or where the parties reside.

Sometimes people file in the wrong county for many reasons, and if the other party or one of the other parties objects, they file a motion in that county to change venue, asking the court to transfer the case to the correct county.

One hazard of filing in the wrong county is that if a motion to change venue is upheld you'll typically be ordered to pay the other party's attorney fees.

Thank you for the clarification!

[Garnabby]

Mission, your comprehension of things is quite poor. Laughably skewed, at least. But, of no matter here, so, carry on. Fill'er up with more words.

[Mission146]

Well, yeah, why do you think I'm asking MrV the questions? Dumbass.

[kewlJ]

You continue to show how full of shit you've always been. You have an overall MO of hate, jealousy, and a twisted belief that your delusional "man about town" status somehow allows you to concoct situational "realities" about others whom you, as usual, truly know nothing about.

Alan made a fool out of you and your moronic "two-table" fairy tale, and because your entire failed and misery-driven life is lived mostly in shame on internet forums, he tagged you with some black & blue that will never go away. That's why you stupidly feel "qualified" to insert your nosey old lady opinions and pussified drama queen allegations into everything you can't handle.

Wise up.

Alan and you went into that discussion with a pre-determined opinion about a subject, you have no knowledge of. Nothing was going to change your mind that some gay kid who you despise was able to do such a thing. Nevermind the fact that numerous other professional players have employed this technique at times and have said so.

If you, Alan or anybody else really wanted to find the truth, there were 4 or 5 known successful professional players named, like Munchkin, Schlesinger who are easily accessible or even a third guy that participated here for a very short time, that you could have contacted and reported back what they said. Despite Alan supposed to be a journalist, neither of you or anyone else who doubted, bothered to contact these people, because you didn't want to hear what they would have said. So instead you just argued that this little fag that you hate, could never have done that.

Rob you are is still chasing a ghost.

It was an easy prediction that if you even understood what has occurred, which I doubt you do, you would pretend it didn't and just double down the alternative reality that you want and need to believe.

[Ozzy]

Who is a bigger attention whore overall between Alan and KJ ? Early on, it would have easily gone to Mendelsson. Now it heavily leans towards the UNKOOL1. My pick overall= WINNER UNKOOL1 !

[kewlJ]

Who is a bigger attention whore overall between Alan and KJ ? Early on, it would have easily gone to Mendelsson. Now it heavily leans towards the UNKOOL1. My pick overall= WINNER UNKOOL1 !

That would be mine as well.

[monet]

Who is a bigger attention whore overall between Alan and KJ ? Early on, it would have easily gone to Mendelsson. Now it heavily leans towards the UNKOOL1. My pick overall= WINNER UNKOOL1 !

It's clearly UNKOO1 by a mile or more these days.
He is on multiple forums posting like never before looking for attention and complaining.
Personally, I am sticking to the Chink Virus and Movies.

[kewlJ]

I made a prediction yesterday, that of the 5 haters in the troll club, so blinded by their hate of what they perceived was a young gay AP that they couldn't see or think straight, that it would be Moses who would be the last and least likely to even understand what has really occurred.

To his credit, Moses seems to be the one closest to understanding. I am not sure he has grasped it entirely, but he is close. Coach Belly, hard to know. I think he is smart enough that he probably does but will not admit it. Probably going back, as he tends to do and reading some things and saying, "oh yeah, that makes sense now".

Singer and Mdawg just do this double down thing and refuse to accept reality. Always do. And the other guy Blackhole is gone, so who knows what he thinks.

Alan is not really part of this blinded by their hate group. I never felt he challenged me for any bigotted reason. He is just player that has shown every sign of a degenerate gambler who doesn't like the idea that there are players that win on a regular basis, when he doesn't and especially, this supposedly young guy that showed up. I don't think Alan understands much about gambling let alone advantage play, so he probably can't comprehend what was revealed yesterday.

[kewlJ]

Who is a bigger attention whore overall between Alan and KJ ? Early on, it would have easily gone to Mendelsson. Now it heavily leans towards the UNKOOL1. My pick overall= WINNER UNKOOL1 !

It's clearly UNKOO1 by a mile or more these days.
He is on multiple forums posting like never before looking for attention and complaining.
Personally, I am sticking to the Chink Virus and Movies.

Who is complaining about anything Monet. (I'll call you Monet instead of porkchop. That is your personal battle)

I have nothing to complain about. I have had these gambling forum haters and homophobic bigots and any casino personnel looking, chasing a ghost for years....some gay kid posting all his personal information all over the internet. It has provided me cover for my play for years and I out trolled the trolls on a level they don't seem to get or can't accept.

The only reason, I have revealed it, is that it was sort of falling a part and I am heading in a different direction.