(Below is the archived copy at http://scofacts.org/ml-archive/ml-20050712015256420-print-as-of-2005-07-12T0852Z.html of http://www.merkeylaw.com/article.php?story=20050712015256420&mode=print, as retrieved at 2005-07-12 02:52 -0600.)


Notice of Ammended Complaint and Motion For Expedited Discovery

Tuesday, July 12 2005 @ 01:52 AM MDT

Contributed by: Admin

Notice is given of Filing of an Ammended Complaint in this matter. Perens and Slashdot will be removed from the litigation, however, SCOFACTS.ORG and Al Petrofsky, Jeff Causey from IP-Wars.net and Yahoo, Inc., and LWN.Net have been added as defendants. Motions will be filed this week for Expeditied Discovery for Determining Service of Process for the parties who are continuing to engage in agreggious conduct in this matter.

Groklaw, SCOFACTS.ORG, LWN.NET, and Yahoo, Inc. are and have violated a Federal Court Order sealing sensitive Court documents. Al Petrofsky, Groklaw, Yahoo, and LWN.net have participated in transporting and trafficking in sealed court documents and have transported these documents out of the United States and into the hands of Foreign Nationals and the enemies of the United States. This conduct amounts and borders on espionage, treason, and domestic terrorism. Legal representatives at the University of North Carolina , Yahoo, and the hosting ISPs of these sites are at present investigating these actions and offenses. Sealed documents have been found stored in "hidden" areas of some of these websites and have been seized by attorneys or archived for evidence purposes. Sealed documents have been found located on the Groklaw website in violation of a Federal Court Order.

Due to a clerical error by the court clerks, a sealed exhibit was scanned and was available on pacer for a very short time period on 6/22/2005. PACER account users are expected to treat court documents scanned with the same diligence as attorneys. Al Petrofsky and Groklaw, after learning the Court had sealed the Novell/Merkey Settlement agreement, subsequently posted links and left them active overnight and distributed thousands of copies of this document over 10 hours after it was sealed by a Federal Judge. There were even active discussions between Groklaw, LWN, SCOFACTS, and Yahoo members acknowledging the documents were sealed, and active file sharing of the documents. Both Novell and Merkey have been irreparably harmed by these disclosures.

Plaintiff's are going to ask the Court for a preliminary injunction barring these sites from posting or trading in **ANY** court pleadings of **ANY ** pending cases in Federal Court on the basis of fairness for litigants engaged in litigation. This conduct by these websites is aggregious, tortious, and criminal.

An ammended complaint and motion for expedited discovery will be filed this week, and following process of service, a motion for a preliminary injunction and "gag" order against these websites.

Groklaw Exhibit 1
Groklaw Exhibit 2
Groklaw Exhibit 3
Groklaw Exhibit 4
Groklaw Exhibit 5
LWN Exhibit 6
Yahoo Exhibit 7



Jeff V. Merkey


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