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Litigation update this week

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u seem to know the law quite well, what is you though about july 15 this far? do you think it will take place? & even if it does take place, does that mean the process can be on hold even after july 15 if DOS do not win quickly?
I think the future july 15 selectee will suffer from it, i guess they are underestimating the impact of that lawsuit
Kwame O said:
Not necessarily. Since time is of the essence in the case, my guess is the plaintiffs will first ask for a preliminary injunction or temporary restraining order(TRO) on the July results before the merits of the case litigated.

If the judge grants it, then the July results will be on hold until the case is finally decided. The defendants can also appeal the injunction--it is called interlocutory appeal.
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jayo2k said:
u seem to know the law quite well, what is you though about july 15 this far? do you think it will take place? & even if it does take place, does that mean the process can be on hold even after july 15 if DOS do not win quickly?
I think the future july 15 selectee will suffer from it, i guess they are underestimating the impact of that lawsuit
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If the judge grants the preliminary injunction on July 15 results, it means DoS can not declare any results UNTIL the case is FINALLY decided.

Any attempt to do so will result in contempt of court.

But the case could still go through ADR-- alternative dispute resolution--out of court settlement.

However, while the case is in court if DoS suddenly decide to reinstate the winners, then the case will now be MOOT-- judge will dismiss the case because there is no more a controversy.
 
so may 1st non selectees should worry a lot?
Kwame O said:
If the judge grants the preliminary injunction on July 15 results, it means DoS can not declare any results UNTIL the case is FINALLY decided.

Any attempt to do so will result in contempt of court.

But the case could still go through ADR-- alternative dispute resolution--out of court settlement.

However, while the case is in court if DoS suddenly decide to reinstate the winners, then the case will now be MOOT-- judge will dismiss the case because there is no more a controversy.
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jayo2k said:
so may 1st non selectees should worry a lot?
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jayo2k said:
so may 1st non selectees should worry a lot?
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I can not say whether someone should worry or not, but anyone who participated in the lottery should be concerned about the lawsuit.

If the winners win on the issue of randomness, then there won't be any redraw but the 22,000 people who had an official notification + the remaining unknown 78,000 will go forward with the next step. However, DoS can appeal.

But any unfavorable decision against DoS has a far-reaching implications.
 
Jayo2k, if u read the article form WSJ and listened to the interview that was on UNIVISION, then u will know that July 15th will happen! In the WSJ, it says Mr. White is seeking for justice outside the law court which means he's still pressuring whether DOS can make a decision on the case outside court, but guess what they are not ready to do that! Someone from the 22k tears (fb page) wrote that he had an interview with the media, and they told him/her that DOS was not willing to talk to them (Media), rather they keep refering them to their website which is the same ol story!
If u really read that article, u will know that there's not gonna be any re-instatement of the 1st may winners because David Donahue has now come to light to say it was "Human error"

P.S: Out of curiosity, why do u think Kwame knows much about these lawsuit and July 15th stuff? As far as I know, he knows as much as we all know here, so don't get ur hopes high about re-instating the ex 22k and withholding July 15 results just because of what u read from him here! No pun intended, #justasking/sayingthough
 
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The judge can throw the entire case out within seconds due to teh fact that it was declared not a random lottery according to the rules.

BTW a man is now charged with fraud for paying off his loans when by error $ 100,000.- was put in his account and he used immediately $ 60,000 of that money to pay off his debt...

Just another example of winning or receiving something that wasn't suppose to be yours doesn't mean you can keep it....this lottery was ruled not eligible and IMO will never be eligible due to the comp. glitch.
 
Kwame O said:
If the judge grants the preliminary injunction on July 15 results, it means DoS can not declare any results UNTIL the case is FINALLY decided.

Any attempt to do so will result in contempt of court.

But the case could still go through ADR-- alternative dispute resolution--out of court settlement.

However, while the case is in court if DoS suddenly decide to reinstate the winners, then the case will now be MOOT-- judge will dismiss the case because there is no more a controversy.
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Kwame, This post of user: delit2727 below is dedicated to you & ur cohort.

There has never been hope. While I understand the human desire to seek justice, everyone who believes that they will get a green card from the legal case is being unreasonable. In order for the law to be honored the 22k people must have been selected through a random process. The selection was not random so their selection was in violation of the law. There are really two ways forward with the case. One is to try to convince the court that the selection was random so they should be reinstalled. However, this is highly unlikely. Statistically, there is an obvious bias introduced into the process so statistically the selection is not random; thus it's in violation of the law. The second way forward, and the most probable one, is to convince the judge that the notification of selection is a binding contract between the DOS and the 'selectees' thus by voiding the results, they have breached a contract. This argument is sound and could be accepted by the judge. HOWEVER, the judge will likely order some sort of monetary compensation and not re-instalment of the 22k. The case will probably be argued in favor of the 22k people, but don't expect anything major to come out of it. Maybe some cash but when you pay the lawyer there will likely will be nothing left. The entire case is motivated by the layers desire to milk out money from the 22k...he is already asking for 'donations' and he will sure get most of the money that the case could bring.



@ jayo2k: He sayz may 1st non selectees should worry a lot?:mad:

May 1st Non-selectees minds are still at ease & less worrisome than May 1st selectees. May 1st non-selectees have already forged ahead even b4 false result was rescinded. But the rip-off winners of DV 22,000 Joy TURNED DV22,000 Tears are yet to get over it. Instead, they are getting more distressed @ d tick of the clock to July 15th.

Imagine this scenario:
May 1st non-selectees check result on July 15th & still not selected, he/she will simply hiss & go ahead with life.

But If the lawsuit failed in its motive (definitely it’ll ), & optimistic May 1st selectees checked the ESC on July 15th & sees sorry, this entry is not selected, he/she will be COMPLETELY DEVASTATED (testimony of DV22k winners b4 d cancellation as evidence). It’ll be a double-loss & big bang blow as if heaven let loose because opportunity ones lost may never be re-found & even d chances are slimmer. So DV 22,000 Tears, start preparing your mind for d good & ugly as you & ur Attorney (Mr. White) fondly say ANYTHING COULD HAPPEN.......

Products of INJUSTICE want JUSTICE by all means. That’s weird.:eek:
 
speculations at its best, let us wait, less than 3 weeks
I know you were a non selectee & it is normal to be optimistic for your concern but what you do not seem to realize is that if the lawsuit is accepted by a judge, THERE WILL BE NO MORE JULY 15 UNTIL ALL THIS IS DONE...
at the end we might all lose...
& preliminary hearing are about to take place... DOS has 2 lawyer that was heard i think on june 21 & 22 th
Mele said:
Kwame, This post of user: delit2727 below is dedicated to you & ur cohort.

There has never been hope. While I understand the human desire to seek justice, everyone who believes that they will get a green card from the legal case is being unreasonable. In order for the law to be honored the 22k people must have been selected through a random process. The selection was not random so their selection was in violation of the law. There are really two ways forward with the case. One is to try to convince the court that the selection was random so they should be reinstalled. However, this is highly unlikely. Statistically, there is an obvious bias introduced into the process so statistically the selection is not random; thus it's in violation of the law. The second way forward, and the most probable one, is to convince the judge that the notification of selection is a binding contract between the DOS and the 'selectees' thus by voiding the results, they have breached a contract. This argument is sound and could be accepted by the judge. HOWEVER, the judge will likely order some sort of monetary compensation and not re-instalment of the 22k. The case will probably be argued in favor of the 22k people, but don't expect anything major to come out of it. Maybe some cash but when you pay the lawyer there will likely will be nothing left. The entire case is motivated by the layers desire to milk out money from the 22k...he is already asking for 'donations' and he will sure get most of the money that the case could bring.



@ jayo2k: He sayz may 1st non selectees should worry a lot?:mad:

May 1st Non-selectees minds are still at ease & less worrisome than May 1st selectees. May 1st non-selectees have already forged ahead even b4 false result was rescinded. But the rip-off winners of DV 22,000 Joy TURNED DV22,000 Tears are yet to get over it. Instead, they are getting more distressed @ d tick of the clock to July 15th.

Imagine this scenario:
May 1st non-selectees check result on July 15th & still not selected, he/she will simply hiss & go ahead with life.

But If the lawsuit failed in its motive (definitely it’ll ), & optimistic May 1st selectees checked the ESC on July 15th & sees sorry, this entry is not selected, he/she will be COMPLETELY DEVASTATED (testimony of DV22k winners b4 d cancellation as evidence). It’ll be a double-loss & big bang blow as if heaven let loose because opportunity ones lost may never be re-found & even d chances are slimmer. So DV 22,000 Tears, start preparing your mind for d good & ugly as you & ur Attorney (Mr. White) fondly say ANYTHING COULD HAPPEN.......

Products of INJUSTICE want JUSTICE by all means. That’s weird.:eek:
Click to expand...
 
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Mele said:
Kwame, This post of user: delit2727 below is dedicated to you & ur cohort.

There has never been hope. While I understand the human desire to seek justice, everyone who believes that they will get a green card from the legal case is being unreasonable. In order for the law to be honored the 22k people must have been selected through a random process. The selection was not random so their selection was in violation of the law. There are really two ways forward with the case. One is to try to convince the court that the selection was random so they should be reinstalled. However, this is highly unlikely. Statistically, there is an obvious bias introduced into the process so statistically the selection is not random; thus it's in violation of the law. The second way forward, and the most probable one, is to convince the judge that the notification of selection is a binding contract between the DOS and the 'selectees' thus by voiding the results, they have breached a contract. This argument is sound and could be accepted by the judge. HOWEVER, the judge will likely order some sort of monetary compensation and not re-instalment of the 22k. The case will probably be argued in favor of the 22k people, but don't expect anything major to come out of it. Maybe some cash but when you pay the lawyer there will likely will be nothing left. The entire case is motivated by the layers desire to milk out money from the 22k...he is already asking for 'donations' and he will sure get most of the money that the case could bring.



@ jayo2k: He sayz may 1st non selectees should worry a lot?:mad:

May 1st Non-selectees minds are still at ease & less worrisome than May 1st selectees. May 1st non-selectees have already forged ahead even b4 false result was rescinded. But the rip-off winners of DV 22,000 Joy TURNED DV22,000 Tears are yet to get over it. Instead, they are getting more distressed @ d tick of the clock to July 15th.

Imagine this scenario:
May 1st non-selectees check result on July 15th & still not selected, he/she will simply hiss & go ahead with life.

But If the lawsuit failed in its motive (definitely it’ll ), & optimistic May 1st selectees checked the ESC on July 15th & sees sorry, this entry is not selected, he/she will be COMPLETELY DEVASTATED (testimony of DV22k winners b4 d cancellation as evidence). It’ll be a double-loss & big bang blow as if heaven let loose because opportunity ones lost may never be re-found & even d chances are slimmer. So DV 22,000 Tears, start preparing your mind for d good & ugly as you & ur Attorney (Mr. White) fondly say ANYTHING COULD HAPPEN.......

Products of INJUSTICE want JUSTICE by all means. That’s weird.:eek:
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Mele: first of all, it is important to recognized that Kwame is no leader and has no cohort.

I dont speculate, but I try give my opinion based on the applicable rules. You can give all the scenarios you want but in the court room scenarios have no legal value, and they are not binding nor persuasive .

About money damages-- money damages is not the only remedy in a breach of contract. Since this is a class action lawsuit, I will admonish you to read Rule 23 of Federal Rules of Civil Procedure--don't worry incase you didnt understand the rules-- you will understand when the judge start granting and dismissing motions and make a final decision on the case.

In the meantime you can laugh but we will be here to see your mood-- when the dust finally settles.

Goodluck.
 
well, on may 14th, many forumers were laughing at us because we "lost"... if july 15 is cancel or on hold & if we "win"... i won't be as dumb as them & won't laugh because it can be hard for some peoples... but if hold, I'm sure DOS will negociate to just terminate all this
Kwame O said:
In the meantime you can laugh but we will be here to see your mood-- when the dust finally settles.

Goodluck.
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Kwame O said:
Mele: first of all, it is important to recognized that Kwame is no leader and has no cohort.

I dont speculate, but I try give my opinion based on the applicable rules. You can give all the scenarios you want but in the court room scenarios have no legal value, and they are not binding nor persuasive .

About money damages-- money damages is not the only remedy in a breach of contract. Since this is a class action lawsuit, I will admonish you to read Rule 23 of Federal Rules of Civil Procedure--don't worry incase you didnt understand the rules-- you will understand when the judge start granting and dismissing motions and make a final decision on the case.

In the meantime you can laugh but we will be here to see your mood-- when the dust finally settles.

Goodluck.
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Haha....I like how u like to give these people hopes! One more thing, Mr White said u guys will hear about the litigation this week! And what I understand litigation to be is a)giving the lawsuit a name., in this case it will be whether it has been approved as a class-action lawsuit or not! b) reaching a settlement without proceeding to the court, here though I might be speculating, DOS and OIG must have brought Mr. White to terms what really happened! If u read on WSJ David Donahue said the computer glitch was human error, and was really sorry that it happened that way, so to make, he's saying the ex 22k should move the hell on! And if u have read Mr. whites blog recently, i would say he's gradually backing out because his words are no longer strong as before!
 
Since when a defendant call the plaintiff lawyer to tell him "see what happen? now u can remove your claim" & the lawyer says "oh, you right sir... i cancel it"... you know a "lot" about judiciary systeme... sarcasm

let us just wait, we still have 17 days to see... if like you said, scenario A.. .then say bye bye o july 15... but scenario B... forget it
Dubbies said:
Haha....I like how u like to give these people hopes! One more thing, Mr White said u guys will hear about the litigation this week! And what I understand litigation to be is a)giving the lawsuit a name., in this case it will be whether it has been approved as a class-action lawsuit or not! b) reaching a settlement without proceeding to the court, here though I might be speculating, DOS and OIG must have brought Mr. White to terms what really happened! If u read on WSJ David Donahue said the computer glitch was human error, and was really sorry that it happened that way, so to make, he's saying the ex 22k should move the hell on! And if u have read Mr. whites blog recently, i would say he's gradually backing out because his words are no longer strong as before!
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Kwame O said:
Mele: first of all, it is important to recognized that Kwame is no leader and has no cohort.

I dont speculate, but I try give my opinion based on the applicable rules. You can give all the scenarios you want but in the court room scenarios have no legal value, and they are not binding nor persuasive .

About money damages-- money damages is not the only remedy in a breach of contract. Since this is a class action lawsuit, I will admonish you to read Rule 23 of Federal Rules of Civil Procedure--don't worry incase you didnt understand the rules-- you will understand when the judge start granting and dismissing motions and make a final decision on the case.

In the meantime you can laugh but we will be here to see your mood-- when the dust finally settles.

Goodluck.
Click to expand...

I am a Cambridge educated barrister and not even the bluest vein of lawyers I know speak like you do. You must be a real hoot to know. By the way, no need to patronise the good people here and "admonish" anyone to do anything. Your loftiness has no place anywhere, least of all an anonymous forum where no one will be impressed.
 
does kwame has a point on the lawsuit & the hold?
because using my comon sense, i think that july 15 is not 100% sure of happening
jeroen0 said:
I am a Cambridge educated barrister and not even the bluest vein of lawyers I know speak like you do. You must be a real hoot to know. By the way, no need to patronise the good people here and "admonish" anyone to do anything. Your loftiness has no place anywhere, least of all an anonymous forum where no one will be impressed.
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a Congressman said that the case has been accepted & that DOS have until august 21 to respond... for all those who whished 22k failure do you know what that means...?
Even if july 15 is still happening, the results would be either void or on hold until that case is over & won't be over before august 21 (end of the fiscal year)... I never though it will go this far...
 
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