a lawsuit.....A MR. MOSS.......AND A SMOKING GUN

[pbartch]

They are talking about it now. The HOUSE Dems. More is going to come of this.

The battle is NOT over.

[drm604]

1. Tell us more! Please! n/t

[Quakerfriend]

2. Who's Mr. Moss?

Is this related to Cliff Curits........sounds farmiliar, but I don't recall where from??

More info, por favore??!

[Stephanie]

6. Moss is the OH plaintiff in Arnebeck's suit

[sabra]

3. Who is they?

[pbartch]

8. The House Dems were interviewed

They discussed it in a group.

[mzmolly]

4. And today a precident was set to support any future evidence. But

"NOTHING WAS REALLY ACCOMPLISHED!" :cry:

:eyes:

[Not a Sheep]

5. More info please. /eom

[righteous1]

7. Hundred bucks says it will be dismissed by this time next week

[flpoljunkie]

9. From Moritz law on Moss v. Moyer

http://moritzlaw.osu.edu/electionlaw/news.html

Click on "ordered the contestants" to produce the pdf file entry below:


2004-2106. Moss v. Moyer. On Petition to Contest Election. This cause originated in this court on the filing of a petition to contest an election under R.C. 3515.08 et seq. The court has previously acknowledged the applicability of a Civ.R. 12(B)(6) dismissal for failure to state a claim upon which relief can be granted in an election contest case. In re Election Contest of Democratic Primary Election Held May 4, 1999 for Nomination of Clerk, Youngstown Municipal Court (1999), 87 Ohio St.3d 118, 717 N.E.2d 701. Normally, minimal notice pleading is all that is required to withstand dismissal under Civ.R. 12(B)(6). Id. at 120, 717 N.E.2d 701. Here, however, the contestors' claims are based primarily on fraud and mistake. Therefore, the contestors must state the "circumstances constituting fraud or mistake * * * with particularity." Civ.R. 9(B). Accordingly, upon review of contestors' petition, IT IS ORDERED, pursuant to my authority under R.C. 3515.11 to control and direct this election contest proceeding, that the contestors shall show cause by January 7, 2005 why their petition should not be dismissed for failure to state a claim upon which relief can be granted because it does not allege the circumstances constituting fraud or mistake with particularity. Contestees may file a memorandum in response on or before January 14, 2005. IT IS FURTHER ORDERED that the filing of an answer by the contestees and any discovery, including depositions, subpoenas, and requests for production of documents, shall be, and hereby are, stayed pending resolution of this preliminary issue. O'Connor, J., in Chambers.

___________________

It will, of course, be made more diffficult to obtain any further evidence, without subpoenas. Blackwell refused to be deposed, after all.

[Karenca]

10. kick ............nt

[pbartch]

11. Kick is right!

[Karenca]

12. again? : )) ... ....nt

[Amaryllis]

13. See letter Arnebeck wrote congress yesterday RE fraud :

http://www.democraticunderground.com/discuss//duboard.php?az=show_mesg&forum=203&topic_id=247010&mesg_id=247010