There is an interesting development in IO Group v. Does 1-50 Inclusive case.
David Salery is one of the few defendants who are actively fighting: he filed the Motion to Dismiss For Lack of Jurisdiction on May 26. Another defendant who was fighting on this case is Liselotte Acevedo-Paquette (she filed her Motion to Dismiss, Motion to Quash and General Defenses on May 27.) Hearing on both motions was set to July 26. Immediately after the hearing date was set, Sperlein dismissed Liselotte with prejudice, which means that no new lawsuits based on the same claim can be filed against her.
Later David Salery filed Separate Case Management Conference Statement — June 15.
On July 5 David Salery was dismissed without prejudice, which means that harassment was bound to continue, most likely in his home state Florida, where a bizarre troll Marco Randazza is always available and ready to help his buddy troll.
David was not impressed by this perspective, and yesterday he filed Objection to Dismissal, sweet and short:
Good job, David! It may be more reasonable to sit and wait, it may be cheaper to settle than to fight, but only those who care to stand against “legal” criminals can change the picture. I’ll root for you.
P. S. Mr. Sperlein, who claims that his evidence-gathering methods are impeccable, still did not master basic spelling: in all his filings he calls David Salary. Well, if one is not capable of thinking about anything but money, this error is understandable. Also, if names can be so easily misspelled, why should we trust the numbers (IP addresses)?
Unfortunately, objection to motion to dismiss did not have any effect, because
Because Rule 41(a) allows Plaintiff to dismiss Mr. Salery without prejudice, the Court cannot prevent Plaintiff from doing so.