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The Full & Glorious History of NuTSR
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<blockquote data-quote="Deset Gled" data-source="post: 8881678" data-attributes="member: 7808"><p>Update on Lanasa's civil suit against [USER=15047]@tenkar[/USER]:</p><p></p><p>-----</p><p>Minute Order for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 1/6/2023. Appearances: Bernard V. Kleinman, Esq., for Plaintiffs; Daniel Jacob Schneider, Esq., for Defendant. The Court advised Defendant that a motion to dismiss may not be appropriate at this time, given that Defendant appeared to put forward arguments based on facts that did not appear in the pleadings. The Court advised Plaintiffs, however, that 1) it was not sure what injury had been incurred against Plaintiffs TSR, LLC, and Dungeon Hobby Shop Museum, LLC, based on the pleadings; 2) many of Plaintiffs' allegations were conclusory, without context, and were unlikely to be found to state a claim; and 3) the pleadings did not appear to have satisfied the amount in controversy requirement for diversity jurisdiction.</p><p></p><p>The Court also noted that Plaintiffs have the burden to establish subject matter jurisdiction, and ordered Plaintiffs to file a letter by January 13, 2023, identifying the identity and citizenship of each member of the Plaintiff LLCs.</p><p></p><p>The Court granted Plaintiffs' request to file an amended complaint. The amended complaint is due by January 23, 2023. Defendant will inform the Court by March 6, 2023 whether he intends to move to dismiss Plaintiffs' amended complaint. The Court will then set a briefing schedule for the motion, or refer the parties to Magistrate Judge Scanlon for discovery, as needed. Defendant is also ordered to file notices of appearance for any attorneys appearing in this case. (Court Reporter Sophie Nolan.) (AA) (Entered: 01/06/2023)</p><p>-----</p><p></p><p>In summary:</p><ul> <li data-xf-list-type="ul">The case was not dismissed, and will continue.</li> <li data-xf-list-type="ul">Lanasa's suit is relatively weak on multiple fronts and needs to be re-filed to keep it alive.</li> </ul><p>It's a little bit of a loss for Tenkar, as he couldn't get an early dismissal and will have some more legal costs in the future. He's mentioned on his Youtube channel that he may do a GoFundMe at some point in the future, but wants to keep the goal as definite and as small as possible. I wonder if he may go harder into using anti-SLAPP legislation for the next round.</p><p></p><p>It's also clearly not a win for NuTSR, as the judge found multiple holes in what Lanasa filed so far. Lanasa is going to have to do a lot of work (and spend more money) to keep this alive. The next round will have to be a big step up to survive another round of motions, and that's not going to be cheap. It's very possible that NuTSR and the DHSM will be dropped from the next revision, and this will be a personal lawsuit only.</p><p></p><p>Next update should be around Jan 23rd, when we see an updated complaint from Lanasa.</p></blockquote><p></p>
[QUOTE="Deset Gled, post: 8881678, member: 7808"] Update on Lanasa's civil suit against [USER=15047]@tenkar[/USER]: ----- Minute Order for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 1/6/2023. Appearances: Bernard V. Kleinman, Esq., for Plaintiffs; Daniel Jacob Schneider, Esq., for Defendant. The Court advised Defendant that a motion to dismiss may not be appropriate at this time, given that Defendant appeared to put forward arguments based on facts that did not appear in the pleadings. The Court advised Plaintiffs, however, that 1) it was not sure what injury had been incurred against Plaintiffs TSR, LLC, and Dungeon Hobby Shop Museum, LLC, based on the pleadings; 2) many of Plaintiffs' allegations were conclusory, without context, and were unlikely to be found to state a claim; and 3) the pleadings did not appear to have satisfied the amount in controversy requirement for diversity jurisdiction. The Court also noted that Plaintiffs have the burden to establish subject matter jurisdiction, and ordered Plaintiffs to file a letter by January 13, 2023, identifying the identity and citizenship of each member of the Plaintiff LLCs. The Court granted Plaintiffs' request to file an amended complaint. The amended complaint is due by January 23, 2023. Defendant will inform the Court by March 6, 2023 whether he intends to move to dismiss Plaintiffs' amended complaint. The Court will then set a briefing schedule for the motion, or refer the parties to Magistrate Judge Scanlon for discovery, as needed. Defendant is also ordered to file notices of appearance for any attorneys appearing in this case. (Court Reporter Sophie Nolan.) (AA) (Entered: 01/06/2023) ----- In summary: [LIST] [*]The case was not dismissed, and will continue. [*]Lanasa's suit is relatively weak on multiple fronts and needs to be re-filed to keep it alive. [/LIST] It's a little bit of a loss for Tenkar, as he couldn't get an early dismissal and will have some more legal costs in the future. He's mentioned on his Youtube channel that he may do a GoFundMe at some point in the future, but wants to keep the goal as definite and as small as possible. I wonder if he may go harder into using anti-SLAPP legislation for the next round. It's also clearly not a win for NuTSR, as the judge found multiple holes in what Lanasa filed so far. Lanasa is going to have to do a lot of work (and spend more money) to keep this alive. The next round will have to be a big step up to survive another round of motions, and that's not going to be cheap. It's very possible that NuTSR and the DHSM will be dropped from the next revision, and this will be a personal lawsuit only. Next update should be around Jan 23rd, when we see an updated complaint from Lanasa. [/QUOTE]
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