Judge Dismisses Schumacher Suit Against IDA, PeTA and Kevin Mieras
author: witness
In federal court today, the judge dismissed all of Schumacher's claims against IDA (and its employees) and PeTA, and dismissed a majority of the claims against Kevin Mieras.
After dismissing the entire case against IDA and PeTA, the judge listened to testimony from Kevin Mieras today about his actions. He dismissed several of the claims against Kevin, then asked for briefs to be submitted on whether or not Kevin interefered with business relations.
can you provide more information on the decision (what the judge said, schumachers' coments/reactions, who was present in courtroom, if any further action is planned or in general anything else that may be of interest to the indy set). this is great news thank you for sharing.
MINUTES of Motion Hearing: Defendant Kevin Meiras sworn and evidence adduced. Order GRANTING motions to strike of In Defense of Animals, Matt Rossell, Connie Durkee 16 and People for the Ethical Treatment of Animals (#29). Order DENYING motion for reconsideration of injunctive order (#45) of Kevin Mieras. Order, relieving Kevin Mieras from order/preliminary injunction (#42) pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, based on the court's finding that the evidence now before the court does not support ongoing restraint of Kevin Mieras' liberties. Order GRANTING IN PART the motion to strike of Kevin Mieras 16, and TAKING UNDER ADVISEMENT, as of June 28, 2007, the remaining portions of the motion to strike of Kevin Mieras 16. Simultaneous briefing on the remaining portions of the motion to strike of Kevin Mieras are due by June, 2007. Order DENYING AS MOOT all other outstanding motions (#s 13, 15, 18, 20). Herbert Grey and Jonathan Clark present as counsel for plaintiff(s). William Manlove, III, Mark McDougal, Greg Kaufoury, Natalie McDougal, David Hosenpud, Eric Wilson, Jami L Pannell and Shauna M Curphey present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Related document(s): Motion to Strike16.) (dls) (Entered: 06/19/2007)
...because not only does this dismiss the cases against IDA and its employees, and PETA, but the judge can also award the plaintiff's attorneys' fees under the Oregon anti-SLAPP statute cited by the defendants.
If the Schumachers aren't tapped out by the legal fees, they can file an appeal to the 9th Circuit on the stricken claims (claims against Mieras, Lilli, the City of Portland, and the "Animal Liberation Front" are still outstanding).
