CMKX Unofficial Message Board - What's the Status of Bivins Lawsuit?

ishmel
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What's the Status of Bivins Lawsuit?
« Thread Started on Oct 6, 2010, 1:17pm »

Being that I am no lawyer; a lay person at best, I am currently confused as to the status of the Bivens Lawsuit.

My understanding as of today is that the case WAS dismissed with the privilege for the plaintiffs to amend the complaint. To a lay person this is confusing because one would assume the courts would grant the ability for the plaintiffs to amend the complaint before dismissing it all together.

The better question to ask would be... What effect does the response from the SEC have on the currently filed Bivens Lawsuit? And- What are the Judges options for a ruling? Does the judge move forward with the currently dismissed case? Or does the amended complaint supersede all filed before it and we go forward as if it was filed originally?

Please somebody with more legal knowledge give me a better understanding as to the current status and options for the ruling.

I would like to use this thread for discussing the matter above. MOD's, you have my full blessing to lock this thread when it gets out of hand.

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goodolboy
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Re: What's the Status of Bivins Lawsuit?
« Reply #1 on Oct 6, 2010, 1:25pm »

Oct 6, 2010, 1:17pm, ishmel wrote:

Being that I am no lawyer; a lay person at best, I am currently confused as to the status of the Bivens Lawsuit.

My understanding as of today is that the case WAS dismissed with the privilege for the plaintiffs to amend the complaint. To a lay person this is confusing because one would assume the courts would grant the ability for the plaintiffs to amend the complaint before dismissing it all together.

The better question to ask would be... What effect does the response from the SEC have on the currently filed Bivens Lawsuit? And- What are the Judges options for a ruling? Does the judge move forward with the currently dismissed case? Or does the amended complaint supersede all filed before it and we go forward as if it was filed originally?

Please somebody with more legal knowledge give me a better understanding as to the current status and options for the ruling.

I would like to use this thread for discussing the matter above. MOD's, you have my full blessing to lock this thread when it gets out of hand.

The case was dismissed, and Mr. Hodges was given 45 days to file an appropriate\conforming Bivens suit.

He filed one, so now we wait for a response. Basically, he was given a mulligan, so look at it as just beginning.

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ishmel
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Re: What's the Status of Bivins Lawsuit?
« Reply #2 on Oct 6, 2010, 1:31pm »

Oct 6, 2010, 1:25pm, goodolboy wrote:

Oct 6, 2010, 1:17pm, ishmel wrote:

Being that I am no lawyer; a lay person at best, I am currently confused as to the status of the Bivens Lawsuit.

My understanding as of today is that the case WAS dismissed with the privilege for the plaintiffs to amend the complaint. To a lay person this is confusing because one would assume the courts would grant the ability for the plaintiffs to amend the complaint before dismissing it all together.

The better question to ask would be... What effect does the response from the SEC have on the currently filed Bivens Lawsuit? And- What are the Judges options for a ruling? Does the judge move forward with the currently dismissed case? Or does the amended complaint supersede all filed before it and we go forward as if it was filed originally?

Please somebody with more legal knowledge give me a better understanding as to the current status and options for the ruling.

I would like to use this thread for discussing the matter above. MOD's, you have my full blessing to lock this thread when it gets out of hand.

The case was dismissed, and Mr. Hodges was given 45 days to file an appropriate\conforming Bivens suit.

He filed one, so now we wait for a response. Basically, he was given a mulligan, so look at it as just beginning.

That's whats so confusing, you would figure the mulligan would be given before dismissing the case.

Does the Judge reverse the initial ruling of case dismissed if we move forward?

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goodolboy
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Re: What's the Status of Bivins Lawsuit?
« Reply #3 on Oct 6, 2010, 1:56pm »

Oct 6, 2010, 1:31pm, ishmel wrote:

Oct 6, 2010, 1:25pm, goodolboy wrote:

The case was dismissed, and Mr. Hodges was given 45 days to file an appropriate\conforming Bivens suit.

He filed one, so now we wait for a response. Basically, he was given a mulligan, so look at it as just beginning.

That's whats so confusing, you would figure the mulligan would be given before dismissing the case.

Does the Judge reverse the initial ruling of case dismissed if we move forward?

Just pretend that the first round never happened and this is the first time it was filed.

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