Cjantscheir et al vs Itravilatx et al

[Breneir Itravilatx]

Your honor,

If it pleases the Court, I would like to publicly direct my counsel to not accept item 2 of the revised relief motion.

Thank you.

[Dr. Txec dal Nordselvă]

Nov 2, 2015 19:27:23 GMT -6 Breneir Itravilatx said:

Your honor,

If it pleases the Court, I would like to publicly direct my counsel to not accept item 2 of the revised relief motion.

Thank you.

Your comment is out of order and the Cort would admonish counsel for the defense to keep your clients reigned in. 

[Dr. Txec dal Nordselvă]

The Cort acknowledges receipt of the amended complaint and directs counsel for S:reu da Biondeu to respond.

Furthermore, as this is ongoing litigation, the Cort issues a temporary injunction against The Crown or its agents from appointing a Tuischach based upon the proceedings at issue in this case. The injunction will be lifted either at the conclusion of this matter or later in the proceedings based on how the matter proceeds. The Cort invites counsel for The Crown (King John) to appear if it wishes in regards to the said injunction.

[Miestrâ Schivâ, UrN]

Your honour, counsel for the plaintiff say that if:

1) If by S:reu da Biondeu's comments, which it appears to the plaintiffs, he is accepting the process in which he was elected was deeply flawed

&

2) Because of 1, if he will be asking the King not to appoint him as el Túischac'h based upon the election at the centre of this case.

then:

then the plaintiffs are prepared to withdraw this case on the strict condition that any new vote for el Túischac'h will be conducted in a fair, transparent and open manner in accordance with the long established procedure for Cosa votes, which includes (but not limited to), emailing ALL members of the Cosa to notify them of the vote and setting a clear deadline outlining the day & time the vote will end at the onset of the vote & before any vote is cast.

Respondent da Biondeu indicates that he is happy to comply with conditions 1 and 2 set out above.

However, the "strict condition" given subsequent to that by the plaintiffs is, in my opinion, unenforceable on either Respondent. Neither of them has any ability to control the other members of the Cosa or the next steps in trying to produce a majority decision on a Túischac'h nominee as set out in OrgLaw XII.9. So I don't know whether counsel for the plaintiffs is happy to simply accept MC da Biondeu's renunciation of his nomination of Túischac'h, or whether we have to continue with this case - but if we do I think the statement of claim needs another revision.

[Dr. Txec dal Nordselvă]

The Cort interprets the "strict condition" to imply that this case will be withdrawn only if there is a re-vote on a Tuischach. We will await a response from the Plaintiff.

[Miestrâ Schivâ, UrN]

But if that is so, your honour, I move for dismissal on the grounds that there is no legal ground to enforce a duty on either Respondent to organise a re-vote on a Túischac'h. Both plaintiffs, as MCs, have as much capability and standing to run a re-vote on a Túischac'h as the respondents, and therefore have no legal standing to try to make someone else do something they are in a position to do themselves.

[Dr. Txec dal Nordselvă]

Nov 2, 2015 19:54:57 GMT -6 Miestrâ Schivâ, UrN said:

But if that is so, your honour, I move for dismissal on the grounds that there is no legal ground to enforce a duty on either Respondent to organise a re-vote on a Túischac'h. Both plaintiffs, as MCs, have as much capability and standing to run a re-vote on a Túischac'h as the respondents, and therefore have no legal standing to try to make someone else do something they are in a position to do themselves.

The Cort will await a reply from the Plaintiff's counsel Dame Litz Cjantscheir, UrN.

[Dr. Txec dal Nordselvă]

The Cort will wait a further three days from today. If it has not heard a reply from the plaintiff's counsel, Dame Litz Cjantscheir, UrN as of November 13, we will proceed.

[Dr. Txec dal Nordselvă]

Plaintiff's counsel Dame Litz Cjantscheir, UrN has sent the Cort a note apologizing for her absence. While the Cort understands non-Talossan affairs, the Cort's patience only extends so far. The Cort therefore will wait no longer than 48 hours from now before proceeding.

[Dame Litz Cjantscheir, UrN]

M'Lord,

I would like to thank the Cort for its patience in this matter.

Having discussed this matter with my client and due to the confusion, we have revised the conditions upon which the withdrawal of this case by us rely:

1) S:reu de Bondieu issues a public statement formally withdrawing his nomination as el Túischac'h, in that statement he acknowledges that the process of voting used to elect him was invalid and as a result the result was also invalid.

2) Given the holding of a new el Túischac'h vote or not is a matter related to the Cosa as a whole, we withdraw our condition that a new vote be held, instead we shall rely on the Cosa using it own initiative to hold such a vote. We, however, retain our rights to seek redress and re-file another case, should the Cosa not conduct a vote in accordance with the established principles and methods at the centre of this case.

Therefore, we shall formally seek the dismissal of this case should 1) above be met to our satisfaction

[Miestrâ Schivâ, UrN]

Nov 21, 2015 11:23:17 GMT -6 Dame Litz Cjantscheir, UrN said:

1) S:reu de Bondieu issues a public statement formally withdrawing his nomination as el Túischac'h, in that statement he acknowledges that the process of voting used to elect him was invalid and as a result the result was also invalid.
...

Therefore, we shall formally seek the dismissal of this case should 1) above be met to our satisfaction

Your Honour, I have to report that Respondent da Biondeu is unwilling to take this step. I quote:

Because everyone else should have to too. I never acted in the position. I'd be glad to issue a statement that i know the election was botched and that i formally announce i will not take the position based on this election.

My interpretation of this is that, in Respondent da Biondeu's opinion, the condition imposed by the plaintiffs would make him issue a mea culpa for flaws in the election process for which he was neither responsible nor the beneficiary.

You will see, I think, that he is willing to make a statement admitting a "botched" election but not an "invalid" one, and to withdraw his nomination. So the bone of continuing contention seems to be that the Plaintiffs are demanding, not only that the election be set aside, but that Respondent da Biondeu admits that they were right all along. That, to me, seems less like seeking justice than seeking the humiliation of the Respondent, and can't be countenanced by law.

[Miestrâ Schivâ, UrN]

Just one more question, your Honour: does Plaintiff Hayes still have standing in this case, considering he just lost his Cosa seats?

[Dr. Txec dal Nordselvă]

The Cort is inclined to dismiss Plaintiff Hayes as a plaintiff as he now seems to have no vested interest in this case as a former Membreu dal Cosa and therefore an injury may potentially not exist. As to the conditions set out by the Plaintiff, and given the response of Respondent da Biondeu, this Cort is further inclined to act in favor of a dismissal. The Cort takes judicial notice that the respondent was not the only person to self-nominate in a manner unrelated to the election currently being contested.

Therefore, the Cort gives the Plaintiff 72 hours to respond as to why it should not dismiss this case.

[Dame Litz Cjantscheir, UrN]

Nov 21, 2015 22:13:13 GMT -6 Dr. Txec dal Nordselvă said:

The Cort is inclined to dismiss Plaintiff Hayes as a plaintiff as he now seems to have no vested interest in this case as a former Membreu dal Cosa and therefore an injury may potentially not exist. As to the conditions set out by the Plaintiff, and given the response of Respondent da Biondeu, this Cort is further inclined to act in favor of a dismissal. The Cort takes judicial notice that the respondent was not the only person to self-nominate in a manner unrelated to the election currently being contested.

Therefore, the Cort gives the Plaintiff 72 hours to respond as to why it should not dismiss this case.

M'Lord,

My client has advised me he voted by email to the SoS' email account before the deadline had elapsed. Therefore, my client will be raising the issue with the SoS as regards the missing vote (the last one ended up in his spam folder) and it would be premature to dismiss my client from this case pending the outcome of that investigation.

I will refer to other matters shortly.

[Dr. Txec dal Nordselvă]

Thank you for the clarification Dame Litz. The Cort will hold off on removing Plaintiff Hayes and will await comment on its other inquiries.