Legal Update: Ex Post Facto Plus Case

In an order issued yesterday (copied below) the judge denied plaintiff’s request to amend the complaint, stating that “they may do so in a new action.” So that’s what’s going to happen. A new action will be filed.

Since the old action was not heard on the merits but was dismissed because the Plaintiffs were barred by the statute of limitations (an issue that arose after the case was filed), the new action will have a Plaintiff not barred by the statute of limitations and will not face that hurdle.

Await confirmation of the filing of the new action and for those who follow the case, the new case number, as soon as it is completed. We expect that to be before the end of this week.

It’s a frustrating speed bump, but certainly not the end of the road. The same arguments, experts and resources apply now as they did before.

Does v Swearingen – Order Denying Mot Reconsideration

16 thoughts on “Legal Update: Ex Post Facto Plus Case

  • February 2, 2021 at 10:48 am
    Permalink

    From a layman’s perspective, I think this is good since there is a new plaintiff who does not have the hurdles. And it seems the State is on the run since some folks in the Florida legislature want to ammend the laws being challenged.

    Reply
  • February 2, 2021 at 10:53 am
    Permalink

    Looks like they are passing the new Bill defining “day” just in time to hurt our case. It seemed like that was a large part of our case…

    Reply
    • February 2, 2021 at 2:04 pm
      Permalink

      If legislature is forced to respond to our filing, that’s a win. Vagueness of “day” is one of many issues we raise, though.

      Reply
  • February 2, 2021 at 11:16 am
    Permalink

    I’m looking to move to Prague/Germany as soon as possible. How can I go about it

    Reply
    • February 2, 2021 at 4:54 pm
      Permalink

      I would start by contacting the embassy of each country and asking about the requirements to move if you are a RSO here in the USA. Unless you are financially secure, good luck getting a work visa in the EU.

      Reply
    • February 2, 2021 at 6:34 pm
      Permalink

      Shaun, go to “common sense laws” on youtube. You will find all the information you need about moving to Germany

      Reply
    • February 4, 2021 at 4:58 am
      Permalink

      What does you moving to Germany have anything to do with Ex Post Facto? Please read comment policy.

      Reply
  • February 2, 2021 at 1:27 pm
    Permalink

    Is there a legal case search engine that could search for a case where prosecutors used stacking scheme in regards to some civil regulatory process like driver’s license or some other simple reissueing certification to enhance some prosecution that was backed up by the court of appeals?

    Reply
  • February 2, 2021 at 2:17 pm
    Permalink

    Does this means it starts from the very beginning? All that time and money…..just gone? I understand the arguments and so forth are in place to work with going forward, but we are back at square one?

    Reply
    • February 2, 2021 at 6:45 pm
      Permalink

      We are not. The expert declarations and depositions will apply to this case.

      Reply
  • February 2, 2021 at 2:21 pm
    Permalink

    FAC, would you please remind us about what happened in this case to cause there Order discussed here and the reason for finding a new Plaintiff who meets statute of limitations requirements. Thanks

    Reply
  • February 2, 2021 at 4:25 pm
    Permalink

    I sincerely believe one day the registry will come down. I only hope it’s not because our fellow citizens have created the next big bad boogie man. I think one day people will realize how much harm it actually does. I may not be alive to see it. But I think it will.come to pass..

    Reply
  • February 2, 2021 at 7:30 pm
    Permalink

    As A Kindly Reminder,

    After Today’s Gruesome Events in Sunrise, Flori-DUH, I would NOT worry about any cases ANYMORE….the Whole SYSTEM is NOW PERMANENTLY WRECKED!

    ‘They’ found ‘one of the three’; One of 3 DISGUSTING Human Beings-lower than whale poop on the bottom of the ocean!….’They’ should have known that someone like this is a human killer in themselves…’They’ should have prepared for World World Three-But ‘They’ didn’t!

    I do not know what CP is nor would I ever conceive of the aforementioned! Well, many do, anyways, ‘They’ took down the ‘El Chapo’ of this disgusting stuff!

    Reply
    • February 3, 2021 at 12:30 pm
      Permalink

      A possible interesting angle regarding this guy in Floriduh is that IF he knew he was guilty and would be convicted, but yet would be punished actually fairly and proportionately for what he did, perhaps he might’ve even welcomed that? Perhaps he wanted help and might’ve been grateful?

      But instead, he surely knew about the Hit Lists. And decided that was not morally correct?

      Oh well. Life goes on.

      America will keep its Hit Lists and continue down its path of stupid and hate. And these kinds of things will keep happening. Not enough people are smart and strong enough to end the Hit Lists.

      Reply
  • February 2, 2021 at 10:51 pm
    Permalink

    Michael your words of stacking this scheme is very good.Thumps up. Going to Germany sounds a bit outlandish and yes FAC is looking gor a declearation but who is pin-pointing true Justice and fair trade rules or is a plea deal the order of justice today? FAC if you want truth ask of GOD as everything, even the hairs on one’s head are numbered so I’m sure it can tell you about the “Facts of life also or is one all wrong and looking into a deep swamp in the everglades’.

    Yes I hate to be blunt We might as well ask the question, Where did this pandemic come from, or why is this registry, or why does man walk blind or do we all still have a bean in our eye. Sure I don’t have any answers yet do you? Should we say a redress of griviance is out of the questions or should we dig up Patrick Henry and ask they why they hung him or do I make any since as well as others or just maybe we should ask trump why he lost the election or the many that charged the white house maybe those goodie too shoe’s know.

    Reply
  • February 4, 2021 at 10:57 am
    Permalink

    One step forward and two steps back. I’m concerned that IF we EVER WIN this case, it will be narrowly tailored to the plaintiff(s?) and only reverse the last four years of retro-activity.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *