Thompson v. The Florida Bar

Filing 406

SUPPLEMENT to 403 Supplement, 401 Plaintiff's MOTION to Vacate Dismissal Order (Bar Docs Showing Selective Prosecution) by John B. Thompson. (Thompson, John)

Thompson v. The Florida Bar

Doc. 406

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA JOHN B. THOMPSON, Plaintiff, v. THE FLORIDA BAR and DAVA J. TUNIS, Defendants. SUPPLEMENT, INCLUDING LEGAL AUTHORITY, TO PLAINTIFF'S RULE 60(d)(3) MOTION FOR RELIEF FROM THIS COURT'S ORDER OF DISMISSAL FOR FRAUD ON THE COURT COMES NOW plaintiff, John B. Thompson, hereinafter Thompson, as an attorney on his own behalf, and provides this court this supplement to his Rule 60 (d) (3), Federal Rules of Civil Procedure, motion for relief from its order of dismissal, on the basis of fraud on the court, stating: Plaintiff, pursuant to a public records request, has now received internal documents from The Florida Bar that show selective prosecution, which would have defeated federal abstention under Younger, by virtue of the bad faith exception. This is the veritable smoking gun. This find, without even the benefit of discovery, which this court improperly and preemptively prohibited, also constitutes not only "extraordinary Younger, but it also constitutes fraud by The Bar. This court has no option but to vacate its dismissal order and allow discovery. Judge Jordan, I told you so! circumstances" under Case No. 07-21256 (Judge Adalberto Jordan)

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I HEREBY CERTIFY that this has been served upon record counsel this September 7, 2009, by the court's electronic system.

/s/ JOHN B. THOMPSON, Plaintiff 5721 Riviera Drive Coral Gables, Florida 33146 Phone: [phone] [e-mail]

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