E. Normisly Stupid.

E. Normis Debtor recently proposed an E. Normisly Stupid idea that one should challenge the jurisdiction of the Western District of Texas in El Paso in the ongoing case of the plaintiffs Cunningham, Callier and Callier v. Billie E. Bauer of Oklahoma City. Here is his E. Normisly Stupid comments and suggestions.

Friday, June 29, 2007
Billie Bauer intends to file an answer
Nothing in this post should be construed as being legal advice, it is merely my opinion. And, bear in mind, I do not know all of the facts behind the plaintiff's claims.

In reading Creditwrench CEO Billie Bauer's recent posts, it appears his next step in the lawsuit filed against him is to file an answer to the complaint.

That could be a procedural mis-step. There is a matter of personal jurisdiction of the court where the case was filed. By filing an answer, Creditwrench CEO Billie Bauer could essentially be waiving personal jurisdiction.

I would think a better move would be a motion to dismiss for lack of personal jurisdiction under rule Rule 12(b)(2). This would shift the burden to establish personal jurisdiction of the court in the matter to the plaintiff.

Jurisdictional issues involving "cyberspace" are quite complicated.

I think in Creditwrench CEO Billie Bauer's favor is the court's holding in Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119, 1124 (W. D. Pa. 1997) which in part states:

At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise [of] personal jurisdiction.

Then again, this is just my opinion........I might be wrong :)

// posted by Creditwrench-thetruth @ 5:34 AM

He's the Monkey, I'm THE WRENCH!

Yes, he just might be as wrong as ever. The first and most important reason that his suggestion is wrong is that when there is a dispute involving a federal question between parties of different states the Court in which the Plaintiff files has jurisdiction under the diversity clause. To make that point more clear, in the case mentioned the court clearly stated it had jurisdiction under the diversity clause thereby refudiating the statements of the plaintiffs about jurisdiction which were clearly wrong and also albeit unknowingly also shot down the theories of the E. Normisly Stupid

He has posted a promise on his foglog that as soon as he quits laughing he will discuss the latest information on the case and why he thinks the defendant made a procedural error. Of course, it is anyone's guess as to how long it will take him to quit laughing and post something more. After all, it took him almost two weeks to quit watching the OPEN and post another obfuscation on his foglog.

Another factor which clearly shows his inability to read and understand court cases is his use of the case Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119, 1124 (W. D. Pa. 1997)

He stated the following

I think in Creditwrench CEO Billie Bauer's favor is the court's holding in Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119, 1124 (W. D. Pa. 1997) which in part states:

What he fails to have read and understood is the most vital element of all in the case which is that the defendant lost miserably. Which is, of course, what he would like me to do in this situation.

Clearly, the E.Normisly Stupid thinks I am as dumb as he is.

Another point made by him in his E. Normis Stupidity is the following also extracted from that same court case:

A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise [of] personal jurisdiction.

In Zippo the court said that information made available to those who are interested in it by a passive website is not grounds ofr exercise of personal jurisdiction.

Passively posting information on a web site for anyone to grab and do with as they see fit is a far cry from a web site whose information is only available for a high price. And if the seller of that information provides false and misleading information to it's consumers is a very far cry from passively providing information for anyone to grab and use as they see fit.

So exactly how was the information being sold false and misleading? The information itself was not false or misleading because buyers knew exactly what they would be getting for the money they paid. What was false and misleading was claiming that the "service" advertised was perfectly legal. So how was it not legal? The contention was and still is that it is not illegal for the purchaser to be added as an authorized user to the tradelines of people unknown and unrelated to the purchaser for the sole purpose of artificially elevating their credit scores. Well, that much is true as well, but what isn't stated is that if the purchaser uses that falsely elevated score to get credit he otherwise could not qualified for he has presented false and misleading information to a lender and that is an illegal act under federal statutes and carries a stiff penaly. So, no, it isn't illegal to be added to the tradelines of another person unknown to the purchaser. What is illegal is use of what was purchased to artifically elevate ones credit score for the purpose of obtaining new credit that one would not otherwise qualify for.

All of the correct filings in Callier v. Bauer will be posted here as soon as they appear on Pacer.

That way you don't have to rely on the monkey to post whatever portion of the truth he wants you to know about. The monkey never tells the truth, the whole truth and nothing but the truth.

And now it would appear that the little monkey has disappeared into a hidey hole somewhere. Gone! Poof! Pulled a disappearing act. He may even have destroyed his whole blog. One very interesting bit of information that I have come up with is what appears to be a name which is Zum Lesen anmelden. All indications are that just might be his real name or maybe one he just dreamed up. Who knows?