American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 72

RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--Email Correspondence) (Muise, Robert)

EXHIBIT 1

Robert Muise AFLC
From:
Sent:
To:
Cc:
Subject:

David Yerushalmi <[e-mail]>
Tuesday, May 20, 2014 3:53 PM
[e-mail]
'Gordon, Avery'; 'Christian E. Hildebrandt'; 'Robert Muise AFLC'
RE: 10-12134 American Freedom v. Suburban

Actually, this might be more proper for a Rule 21, which the court may do sua sponte. The problem with a Rule
41 is the confusion whether it is a dismissal of a party or the action. Rule 21 looks to us to be the better route.

RULE 21. MISJOINDER AND NONJOINDER OF PARTIES
Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at
any time, on just terms, add or drop a party. The court may also sever any claim against a party.

Sent from my BlackBerry® wireless handheld 
David Yerushalmi*

American Freedom Law Center®
Washington, D.C., Michigan, New York, California & Arizona
*Licensed in D.C., N.Y., Cal., Ariz.
T: 855.835.2352 (toll free)
T: 646.262.0500 (direct)
F: 801.760.3901
E: [e-mail]
W: www.americanfreedomlawcenter.org
==========================================================================
This electronic message transmission may contain ATTORNEY PRIVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is
strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify sender immediately. Thank
You.
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From: David Yerushalmi [mailto:[e-mail]]
Sent: Tuesday, May 20, 2014 3:45 PM
To: '[e-mail]'
Cc: 'Gordon, Avery'; 'Christian E. Hildebrandt'; 'Robert Muise AFLC'
Subject: RE: 10-12134 American Freedom v. Suburban

Can Plaintiffs not just file a Rule 41(a)(1)(A)(i) notice of dismissal since the opposing party, Hendrickson, has
not filed an answer?
RULE 41. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal.
(1) By the Plaintiff.

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(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal
statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary
judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
Sent from my BlackBerry® wireless handheld
David Yerushalmi*
American Freedom Law Center®
Washington, D.C., Michigan, New York, California & Arizona
*Licensed in D.C., N.Y., Cal., Ariz.
T: 855.835.2352 (toll free)
T: 646.262.0500 (direct)
F: 801.760.3901
E: [e-mail]
W: www.americanfreedomlawcenter.org
==========================================================================
This electronic message transmission may contain ATTORNEY PRIVILEGED AND CONFIDENTIAL
information intended only for the use of the individual or entity named above. If the reader of this message is
not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this
communication is strictly prohibited. If you have received this communication in error, please erase all copies
of the message and its attachments and notify sender immediately. Thank You.
==========================================================================
-----Original Message----From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, May 20, 2014 1:31 PM
To: [e-mail]
Cc: 'Gordon, Avery'; 'Christian E. Hildebrandt'; 'Robert Muise AFLC'
Subject: RE: 10-12134 American Freedom v. Suburban

Thank you,
The Court would need a Stipulated Order Dismissing that party.
La Shawn R. Saulsberry
Case Manager to
Honorable Denise Page Hood
[phone]

From: "David Yerushalmi" <[e-mail]>
To:
<[e-mail]>,
Cc:
"'Robert Muise AFLC'" <[e-mail]>,
"'Gordon, Avery'" <[e-mail]>, "'Christian E.
Hildebrandt'" <[e-mail]>
2

Date: 05/20/2014 12:48 PM
Subject:
RE: 10-12134 American Freedom v. Suburban

Dear Ms. Saulsberry:
We learned early on in this litigation that there was no Gary Hendrickson at SMART. The general manager
during the relevant time was/is John Hertel, who is a party in this case. Consequently, other than being named
in the original complaint, Gary Hendrickson was never served and thus never a party to this litigation.
Sent from my BlackBerry® wireless handheld
David Yerushalmi*
American Freedom Law Center®
Washington, D.C., Michigan, New York, California & Arizona *Licensed in D.C., N.Y., Cal., Ariz.
T: 855.835.2352 (toll free)
T: 646.262.0500 (direct)
F: 801.760.3901
E: [e-mail]
W: www.americanfreedomlawcenter.org
==========================================================================
This electronic message transmission may contain ATTORNEY PRIVILEGED AND CONFIDENTIAL
information intended only for the use of the individual or entity named above. If the reader of this message is
not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this
communication is strictly prohibited. If you have received this communication in error, please erase all copies
of the message and its attachments and notify sender immediately. Thank You.
==========================================================================
From: [e-mail] [ mailto:[e-mail]]
Sent: Tuesday, May 20, 2014 10:34 AM
To: [e-mail]
Subject: 10-12134 American Freedom v. Suburban
Dear Counsel,
Please advise the Court as to the status of defendant Gary Hendrickson.

La Shawn R. Saulsberry
Case Manager to
Honorable Denise Page Hood
[phone]

3