06-24-2005, 07:00 PM
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Confirmed User
Join Date: Jan 2005
Posts: 294
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this is taken from another board: this is one of the guys from FSC Colorado (one of the plaintiffs)
Quote:
This was a court case, not a law, statue or a constitutional amendment calling for equal protection.
This was a court case between the named Plaintiffs and the named defendents. Period.
Nobody else was represented there, nobody else was listed in the case. Therefore no rulings, settlements, or stipulations (agreements between the parties) are binding on any parties outside those named.
EXAMPLE: Lets say we are both driving down the road and a big ass truck crosses the median and hit us both.
I take the time to hire an attorney, time to meet with him, prepare the case, etc. I go to court and he gets me a settlement.
You don't take those same actions, but rather kick back and wait to see how my case turns out.
In that scenario, do you have a right to part of my settlement?
NO
Should you expect the same treatment because you didn't hire a lawyer and go into court to represent yourself?
NO
Is the other side (lawyers for the truck driver) somehow obligated to just give you exactly what they gave me?
NO
In this case -- FSC managed to get 48 hours to get a bunch more people under their umbrella and into the settlement.
Read what I said above. This deal for FSC members was verbally agreed to Wednesday evening.
It was only late Thursday morning -- at the risk of losing their own deal -- that the FSC team went back to the DOJ guys (including big dogs back in Washington DC) and managed to get the extra 48 hours that would allow more under the FSC umbrella.
The civil procedures rules are complicated in these matters -- and I've personally dealt with them for years (mostly copyright cases) -- but the simple part is... If you had a better way to attack this matter you, acting on your own, could have filed your own action in the same court they did. or any other federal court -- you can do that in the morning (Fed courts are open at all times) if you wish.
Then, with luck, you'll have an agreement that will cover the named parties in your action (suit).
You have equal protection -- all you have to do is take the steps to exercise it that they did.
Jimmy
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