tag:blogger.com,1999:blog-8044318176622758692.post1592909240418541039..comments2024-03-01T03:51:38.081-05:00Comments on Allergic to Bull: DB Capital Strategies Reply to Convicted Terrorist Brett KimberlinA.W.http://www.blogger.com/profile/10876021589516844048noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8044318176622758692.post-82270478277095862992014-02-27T18:33:01.515-05:002014-02-27T18:33:01.515-05:00Thanks for posting this. It will be interesting t...Thanks for posting this. It will be interesting to see if the court dismisses these cases based on the weakness of the plaintiff's pleadings. Stogiehttps://www.blogger.com/profile/18440316355925012492noreply@blogger.comtag:blogger.com,1999:blog-8044318176622758692.post-59269080064294048372014-02-27T15:15:09.019-05:002014-02-27T15:15:09.019-05:00In re McGuire, 450 B.R. 68, involves somebody name...In re McGuire, 450 B.R. 68, involves somebody named Mark McGuire, but I don't think it's a famous person. The guy who hit 583 home runs and later admitted to steroid use is Mark McGwire, spelled with a "w".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8044318176622758692.post-90390774635443763462014-02-27T15:05:48.577-05:002014-02-27T15:05:48.577-05:00If and when Kimberlin files a Second Amended Compl...If and when Kimberlin files a Second Amended Complaint and elects to comply with Local Rule 103.6 which the Judge ordered for acceptance of the filing, he will have to file a marked copy of the SAC indicating changes. That marked copy will show the inherent bad faith in his initial filings and the substantial extent he has modified his pleadings in reaction to the motions of the defendants. It will look like an exercise Aaron completed in one of his earlier filings and an entirely new complaint bootstrapped from the motions of defendants.<br /><br />I'm not sure how the Judge reacts to that. The defendants told the Judge Kimby had nothing and moved to dismiss based on that. Does the Judge now allow a SAC which proves Kimby had nothing, which was fully briefed for dismissal, now to be fundamentally altered into an entirely new set of unbriefed claims at substantial time and cost to the court and defendants?<br /><br />All I know is I stayed at a Holiday Inn Express last night.daleyrocksnoreply@blogger.com