.The special motion "may" be filed within 60 days of the service of the complaint or,
in the court's discretion, at any later time upon terms it deems proper. Code of Civil Procedure 425.16(f)
David S. Binder
Re: Schneider National Carriers, Inc., v. Walter L. Ellis,
Superior Court Case No. CIVDS 906308. San Bernardino
In respect to your previous letter, I ask you this question. Are you going to dismiss your frivolous Complaint?
Why should I drop my Motion when you and your firm filed this suit to:
a. Diminish any recovery in my Worker’s Compensation claim against Schneider.
b. To stifle any attempt in my efforts to sue Schneider for assault and battery, discrimination, and unfair business practices.
c. Diminish my allegations that I was actually injured when IT WAS ONE OF SCHNEIDER’S GOONS, LONG-NAME
, WHO CAUSED INJURIES TO MY RIB, NECK, KNEE, ETC. BRANDON
d. Clearly an attempt to prevent me from publicizing on my web sites, Schneider’s injuries on me, Schneider’s discrimination, and Schneider’s treatment of its employees; especially when they make its drivers drive more than 11 hours a day, and work more then 14 hours a day. I guess Schneider does not give a damn about vehicular and pedestrian safety.
I will not respond to discovery until my Motion and subsequent appeal has concluded. In fact, I will give you telephonic notice that I will file the Ex-Parte Application to allow me to file the Special Motion to Strike. Otherwise, your Complaint is frivolous, and after the case is dismissed, I will sue Schneider and your firm for Malicious Prosecution and Abuse of Process.
I honestly beseech you to consider the fact that since I was actually injured, the suit clearly has no merit. In fact, repeating the mantra “I was not injured”, will result in me sending letters to request you to withdraw your Motions and Oppositions, since I have the medical evidence to prove it.
Drop your suit.
,Walter L. Ellis WLE:wle
.The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.
Clearly, Schneider filed their to stop this man from publicizing his injuries, and harassment against him on his web sites. If Schneider gets away with this, ALL BLOGGERS WILL BE BLACKMAILED WITH FRIVOLOUS LAWSUITS GETTING THE BLOGGERS TO QUIT BLOGGING. It is as if the Gestapo instead tore up Anne Frank's Diary on August 4, 1944.
The lawyers at Tharpe & Howell should not have bar licenses, let alone be admitted into O'Malley's Bar.
BLOGGERS OF THE WORLD UNITE! PASS THIS ON!