{"id":68634,"date":"2016-10-27T11:26:17","date_gmt":"2016-10-27T15:26:17","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=68634"},"modified":"2016-10-27T11:26:17","modified_gmt":"2016-10-27T15:26:17","slug":"bernath-vs-lilyea-et-al-dismissed","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=68634","title":{"rendered":"Bernath vs. Lilyea, et al. dismissed"},"content":{"rendered":"

Since we’ve been keeping you up to date on our doings in Fort Myers, Florida, the court dismissed (without prejudice) the case against a number of us on Monday. Mr. Bernath has been given an opportunity to refile his case before November 4th. Judge Sheri Chappell issued a nine page order;<\/p>\n

\"Cover\"<\/a><\/p>\n

\"Counts\"<\/a><\/center><\/p>\n

Construing the Complaint liberally in light of Bernath\u2019s pro se status, the Court has examined the plausibility of the claims asserted by Plaintiff. Plaintiff’s Complaint in this instance is a rambling, disjointed pleading with regard to his claims against Defendants. Plaintiff strings together multiple facts addressing various topics that are impertinent, scandalous, and immaterial to the causes of action Plaintiff is attempting to allege. (Doc. #1). At the beginning, Plaintiff states causes of action, in bold, with no underlying facts to support the causes of action. (Doc. #1 at 1-2). Plaintiff does not even state a recital of the elements for a majority of the causes of action he asserts. Rather, he just lists several causes of action without any sort of separation or underlying facts, violating Rule 10(b). See Fed. R. Civ. P. 10(b) (requiring that \u201ceach claim founded on a separate transaction or occurrence – and each defense other than a denial – must be stated in a separate count or defense\u201d). As best the Court can decipher, Plaintiff attempts to allege elements for numerous common law causes of action, but without supporting facts, these causes of action still fail pleading requirements. Beneath each heading are various conclusory allegations regarding certain elements of the purported claims, but in every instance Bernath fails to set forth allegations which comprise an entire, viable cause of action. Despite the length of the Complaint, the allegations made by Bernath are neither legally adequate nor specific enough to survive dismissal.<\/p><\/blockquote>\n

\"Conclusion\"<\/a><\/center><\/p>\n

Mr Bernath remains undeterred;<\/p>\n

Judge said to trim the complaint. Judge never said anything about how you can murder people is OK with her. Just have to trim the complaint but say all the same things.<\/p>\n

We know a lawyer in Calif who had to amend his complaint 14 times. He did till it shined like the top of the Chrysler Building and he ended up with a $24,000,000 judgement against Defendants.<\/p>\n

So too here.<\/p>\n

You planned and conducted “Operation Shipley” to sabotage an aircraft at a transportation facility. You conduct international terrorism for your “cause.”
\nSome lawyers actually intentionally file a shitting original complaint so the dumb defendants will spend $50,000 on their lawyers to tell them the flaws in the complaint. Judge always grants leave to amend. Always. Mr. Bernath, of course would never do that.<\/p>\n

Racketeering. Terrorism. All federal, 3 times damages done to aircraft and the emotional distress of Mr. Bernath and you get to pay his trial attorney fees and more.<\/p>\n

But you haven’t won anything as you shall see on November 4, 2016.<\/p>\n

Mr. Bernath’s legal advisors will retype. No problem.
\nToday, next year, five years from now we will have a trial. You probably won’t be there.
\nYou sure have a stupid hobby.<\/p>\n

signed
\nALS Medical Advisors to Southern Command<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Since we’ve been keeping you up to date on our doings in Fort Myers, Florida, the … Bernath vs. Lilyea, et al. dismissed<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[234],"tags":[],"class_list":["post-68634","post","type-post","status-publish","format-standard","hentry","category-bernath"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/68634","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=68634"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/68634\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=68634"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=68634"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=68634"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}