Here's another huge win for Lewis Tein and their very able counsel Paul Calli, and a big affirmance by the 11th of our own Judge Cooke:
Applying the Rule 9(b) standard to the present complaint, we note that the district court previously afforded the Tribe the opportunity to amend its complaint to add particularity. In doing so, the Tribe submitted a 314-page second amended complaint which, at first blush, appears to contain particularity: it contains more than 208 pages of tables identifying: (1) ATM withdraws by amount, date, and city; (2) meeting dates for business council or general council meetings where select defendants “upon information and belief” were present and financial matters were discussed; and (3) invoice numbers and dates for bills from Lewis Tein to the Tribe as well as dates the Tribe paid those invoices. These 208 pages, however, actually consist of a 34-page list of ATM transactions; 6 identical 17-page listings of the Lewis Tein invoices and dates; and 8 identical 9-page listings of the business council and general council meeting dates. Much of the remainder of the complaint is spent restating generalized allegations as state claims against various combinations of defendants. The complaint’s 314 pages, therefore, appear largely to be an attempt to create the impression of specificity through page-number “shock and awe.”Ouch!
In other news, anyone else feeling randy this time of year?
According to a national survey by the adult sex toy shop Adam & Eve, 34 percent of Americans orgasm three times more often over Christmas than during other times of the year. Sixty-one percent of couples who responded to the survey say they use sex toys, lingerie and mistletoe to make sex during the Christmas season more exciting. Christmas drinks were also credited with helping make things more interesting in the bedroom.Feel the Christmas spirit, kids -- it's good for your marriage!
Be good, peaceful, loving and spiritual -- see you on the other side!