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tardigrade_dismissal [2019/11/06 05:42] – [Abdin's Lawyer Gets Money] adds FB link Carlos Pedrazatardigrade_dismissal [2019/11/08 12:28] (current) – updates with deadline met Carlos Pedraza
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 {{page>subscribe}} {{page>subscribe}}
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 +<wrap em>UPDATE</wrap>: <fs smaller>[[https://us20.campaign-archive.com/?u=2d0411ecf0787fd9d4dc8dc5c&id=aaa1a04da9#tardigrades|Tardigrades Lawyers Narrowly Avoid Dismissal, Point to Judicial Errors]]</fs>
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 Meanwhile, it appears all the [[#Abdin's lawyer gets money|GoFundMe money]] is going directly to one of Abdin's attorneys. Meanwhile, it appears all the [[#Abdin's lawyer gets money|GoFundMe money]] is going directly to one of Abdin's attorneys.
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 Unfortunately, even giving Abdin the benefit of the doubt, [[http://eepurl.com/gD5w4r|nothing]] was left over; Abdin's "alleged similarities between … characters in the two works also fails to support a claim, as they are mostly generalized non-protectable descriptions."(([PDF] [[https://www.dropbox.com/s/t063wubnr7wi8iv/Tardigrades%20dismissal.pdf?dl=0|Abdin v. CBS Broadcasting et al., "Opinion and Order,"]] Judge Lorna G. Schofield, p. 12, 9/20/19.)) Unfortunately, even giving Abdin the benefit of the doubt, [[http://eepurl.com/gD5w4r|nothing]] was left over; Abdin's "alleged similarities between … characters in the two works also fails to support a claim, as they are mostly generalized non-protectable descriptions."(([PDF] [[https://www.dropbox.com/s/t063wubnr7wi8iv/Tardigrades%20dismissal.pdf?dl=0|Abdin v. CBS Broadcasting et al., "Opinion and Order,"]] Judge Lorna G. Schofield, p. 12, 9/20/19.))
 +
 +=== No New Evidence ===
 +
 +Despite promises to Abdin's supporters that their GoFundMe donations will pay for additional investigation and legal consultation to support the case, no additional evidence or testimony can be considered by the appeals court. If the court upholds the lower court's dismissal it will be with prejudice — Abdin will be unable to re-file despite any additional evidence.
  
 ==== Missing Transcripts ==== ==== Missing Transcripts ====
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-===== Expedited Appeals Calendar =====+=== Appeals Schedule ===
  
 Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule:(([[http://www.ca2.uscourts.gov/clerk/case_filing/appealing_a_case/civil_case/expedited_appeals_calendar.html|"Expedited Appeals Calendar,"]] Case Filing, U.S. Court of Appeals for the Second Circuit, 12/5/13.)) Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule:(([[http://www.ca2.uscourts.gov/clerk/case_filing/appealing_a_case/civil_case/expedited_appeals_calendar.html|"Expedited Appeals Calendar,"]] Case Filing, U.S. Court of Appeals for the Second Circuit, 12/5/13.))