On this page you will find Plaintiff's Attorney's attempt to dismiss the case.

I did not respond to this offer until they contacted me a second time asking me to respond, at which point I refused their offer.

First offer to Dismiss

First Proposed Court Order

Some of you may be wondering why I would refuse an offer to have the troll's attorney Dismiss the case; the answer is I had a lot of confidence in my Motion to Dismiss, I knew they were scared and I had a strong sense from a 3-wau conference call between the Judge, Plaintiff's attorney and myself that the Judge was going to rule in my favor.

At that point I was seriously contemplating letting the Judge rule on my Motion, so that I could set a precedent, and I was planning on following through on my threats outlined in my Answers to Plaintiff's Requests for Production.

I also did not like like the language of this first Stipulation, a Dismissal with Prejudice for all intents and purposes, with the exception of very rare circumstances, means the case is over and done with but the "Closed for Administrative Purposes" Order is the rough equivalent of a Dismissal without Prejudice and there is ample case law, all the way up to the Appellate Division supporting reopening a case Closed for Administrative Purposes.

If you are offered something like this do not sign it, insist on straight Dismissal with Prejudice.