Recall that last July, puppet-wielding crackpot Angeleno rabble-rouser-sans-rabble, Wayne Spindler, filed a lawsuit against the City of Los Angeles alleging that the Council’s rules of decorum and the manner in which they’re enforced violated the first amendment. Pleadings are available here. Well, today the City of Los Angeles filed a motion to dimiss. This is hardly unexpected, of course, but it was pretty interesting to see that one of the reasons they gave for dismission was that Spindler had copied his complaint from fellow puppet-wielding crackpot Michael Hunt:
The Complaint as a whole alleges all claims and both causes of action against all parties, drawn substantially from another person’s complaint; such a pleading is a sham, vague and ambiguous particularly as to individually named Defendants, Matthew Johnson, Steve Soboroff, Charlie Beck, Mitchell Englander, Marqueece Harris-Dawson.
That the other complaint they’re talking about was Hunt’s can be seen in the request for judicial notice that the City filed along with its motion, which includes a copy of Hunt’s complaint. Of course, the City famously paid Hunt $215,000 over that complaint, so one supposes there’s good reason for choosing it to copy.
But perhaps the most interesting aspect of this motion to dismiss is that Charles F. Eick, the magistrate judge in the case, responded to the motion on the very the same day it was filed, first stating that he was going to decide on it without a hearing, and next stating that he was going to treat it as a motion for summary judgment rather than as a motion to dismiss. Furthermore, he had a series of exceedingly stern warnings for Wayne Spindler, making it seem as if the case is going to get tossed out summarily quite soon. This reading of matters is also borne out by the fact that Eick gave Spindler a mere 30 days to respond, which in federal court time is essentially yesterday. Here is the document filed by Eick, and after the break you can find excerpts.
Continue reading City Of Los Angeles Files Motion To Dismiss Wayne Spindler’s July 2016 Crackpot Case On Grounds Of, Inter Alia, Plagiarism, On Very Same Day Magistrate Judge Eick Waves Magic Judge Wand, Changing It To Motion For Summary Judgement, Warns Spindler To Get With The Program Or Else His Case Is Outta Here