A rose by any other name may smell as sweet. See William Shakespeare, “Romeo and Juliet,” act 2, sc. 2. People, not so much. The Plaintiff in this matter, who originally filed his action under the name of “Raul Aguilar,” stood before the Court and stated his name to be “Manuel Antonio Aguilar.” Two hours and several iterations later, he identified himself as “Manuel Antonio Aguilar Salazar.” This encapsulates the misinformation and confabulation to which Plaintiff has subjected these proceedings. Now, ten months into the case, after two full length depositions, days before the close of discovery, and only a few months before trial, the Defendants, the Court and Plaintiff’s own counsel are still left wondering if the real plaintiff has stood up. “A trial is not a masquerade party nor is it a game of judicial hide-n-seek where the plaintiff may offer the defendant the added challenge of uncovering his real name. We sometimes speak of litigation as a search for the truth, but the parties ought not have to search for each other’s true identity.” Zocaras v. Castro, 465 F.3d 479, 484 (11th Cir. 2006). Under the standard articulated and for the reasons set forth below, this case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b).
Have a nice weekend everyone.
H/T SFLawyers.
6 comments:
I love it! Confabulation. Great word.
http://www.miamiherald.com/news/local/crime/article21694452.html charlie crist's greatest gift to florida was the appointment of chief justice Labarga. The enlightened Florida Supreme Court is protected from the Florida House GOP goons for some time.
A trial is not a masquerade party nor is it a game of judicial hide-n-seek where the plaintiff may offer the defendant the added challenge of uncovering...the names of witnesses or what they may say....or the identities of the informants for that matter.
Oh, you mean a civil trial isn't anything like a criminal proceeding.
8:48 pm .... Most brilliant comment. Ever.
So true. And sad.
848 PM: Hey!
What civil trials? You guys just have endless motion calendars complaining about the commas in the responses to the interrogatories. I once saw a response to discovery. Every single response was a standard objection that the request was "overburdensome, irrelevant, immaterial, not gluten and GMO free but that in the abundance of caution and in an attempt to move the proceedings along, the answer is yes- the Plaintiff does reside in Dade County. "
So stop giving us sh&t about our trials.
Uh Rump, I think you missed the point.
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