Posted by TDI_2 on April 30, 2002 at 16:03:17:
I noticed the message about the lawsuit in the archives.
Stradling Yocca et al on behalf of International PADI Inc has filed a complaint petition on Feb 4 2002 in Orange Co Superior Court of California against Diverlink and 25 John Doe's.
I wonder who the other 25 are?
I can easily guess about one of them. He may also finally get his stated wish to be expelled from PADI, possibly, as a result of the attention this has gotten, apparently.
It sort of harkens back to the animated movie, Bambi, where Thumper says, "If you can't say something nice don't say anything at all."
Truth is also a defense except if there is a confidentiality issue associated with a disclosure, based on my informal understanding of California law.
Quite a long list of stipulated complaints in the document. No surprise there.
I didn't realize Eddie lives in Miami. I always believed a lawsuit needs to be filed in the jurisdiction of the residence of the respondent/defendant. I don't know if a court in Florida would enforce a judgment of a California court against a Florida resident.
It also seems like a stretch to go after the website owner in addition to the John Doe's. But it looks pretty clear that the web site owner is also a defendant.
In the matter of the 25 John Doe's, I am surprised that the case is being filed in Orange County. I would think the first step would be to track down the defendants and register the complaint(s) in their resident counties' superior courts.
This should be an interesting trial. Interesting jury selection process too. Do you exclude all divers? Do you exclude only PADI divers?
I wonder if this means anyone with a website also needs liability insurance, just like store owners and instructors and dive masters currently do?
Does anyone have any updates or info on where this matter currently stands, in the Orange County Superior Court procedural process?