It appears to me that if 3ABN does not immediately withdraw this unlawfully filed complaint, and pursue their claims in USDC, D. Mass., we will have to proceed to file a motion for injunctive relief, to show cause why 3ABN should not be held in contempt of court, for sanctions, and for whatever else we deem appropriate. Does 3ABN really want that?
As I have reviewed the facts at issue, it seems indisputable to me that 3ABN cannot rightfully come out on top on this one. We have court documents (or other legal documents in 3ABN's possession) from 2008, 2010, and 2012, which all show that they filed this current complaint in blatant violation of an explicit order of a U.S. District Judge, and all but one of these documents are freely available on
http://www.3ABNvJoy.com/.
In fact, the condition that 3ABN must file their claims in Massachusetts was something that 3ABN repeatedly argued in court and on appeal adequately protected us from the negative impact of the voluntary dismissal. (The last paragraph did not refer to these.) I fail to see how they can now argue that we don't need that protection after all. There is such a thing as estoppel.