On July 6th, 2009, I received a notice of motion and motion from William Davidson and Paul Peterson, attorneys for Boris Parker, Bassford Remele, and Saliterman & Siefferman. They moved to dismiss for failure to state a claim (pursuant to Minn. R. Civ. P. 12.02(e)), for judgment on the pleadings (pursuant to Minn. R. Civ. P. 12.03), and for a more definite statement (pursuant to Minn. R. Civ. P. 12.05).
The hearing is scheduled for August 26th, 2009, at 8:30am before the Honorable John Q. McShane (the motion for sanctions will be heard at the same time). I received their memorandum of law in support of this motion. Some of their arguments are:
- My settlement agreement with the original Plaintiff, which resulting in that party being dismissed, applies to Boris Parker and his law firms (as the former attorneys of that party);
- Malicious prosecution claims are barred by the Noerr-Pennington doctrine;
- Wisconsin and Michigan requirements for "special damages" as an element of malicious prosecution bar my lawsuit in Minnesota.
My memorandum opposing dismissal is linked to below:
Plaintiff's Memorandum of Law In Opposition To Defendants Boris Parker, Saliterman & Siefferman, PC, and Bassford Remele, PA's Motion to Dismiss
Judge McShane ruled on October 6th, 2009, denying in part and granting in part the Parker Defendant's motion to dismiss. My lawsuit's claim of malicious prosecution against the Parker Defendants will proceed, but the claim for abuse of process was dismissed. A pdf version of the Court's order is linked to below. My motion for sanctions related to the subpoena of a settlement agreement was denied.
2009-01-06 Order and Memorandum on Defendant's Motion to Dismiss
This page last modified 2010-11-05