Lomax v. WMF

Lomax v. WikiMedia Foundation, Inc. (3:19-cv-30025), District Court, D. Massachusetts

This copy of the docket may be ahead of the public version at courtlistener.com, and includes links to free copies of all entries.

      • 1 Feb 25, 2019 COMPLAINT against WikiMedia Foundation, Inc., filed by Dennis G. Lomax. (Attachments: # 1 Cover & Category Sheets)(Lindsay, Maurice) (Entered: 02/26/2019)  1-0  1-1
      • 2 Feb 26, 2019 Filing fee/payment: $400.00, receipt number SPR003987 for 1 Complaint (Lindsay, Maurice) (Entered: 02/26/2019) [no doc]
      • 3 Feb 26, 2019 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff’s counsel, or defendant’s counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge’s jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Lindsay, Maurice) (Lindsay, Maurice). (Entered: 02/26/2019) 3-0
      • 4 Feb 26, 2019 General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Lindsay, Maurice) (Entered: 02/26/2019) 4-0
      • 5 Feb 26, 2019 Summons Issued as to WikiMedia Foundation, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) (Entered: 02/26/2019) 5.0
      • 6 Feb 28, 2019 Copy re 3 Notice of Case Assignment to a Magistrate Judge,,, 4 General Order 09-1, 5 Summons Issued, mailed to Dennis G. Lomax on 2/27/19. (Lindsay, Maurice) (Entered: 02/28/2019) [no doc]
      • 7 Mar 8, 2019 Mail Returned as Undeliverable. Mail sent to Dennis Lomax. (Figueroa, Tamara) (Entered: 03/08/2019) 7-0 [image shows returned mail with incorrect address per complaint]
      • 8 May 20, 2019 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WikiMedia Foundation, Inc..(Morrison, Christopher) (Entered: 05/20/2019)  8-0
      • 9 May 20, 2019 MEMORANDUM in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WikiMedia Foundation, Inc.. (Morrison, Christopher) (Entered: 05/20/2019)  9-0
      • 10 05/20/2019 DECLARATION re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 9 Memorandum in Support of Motion by WikiMedia Foundation, Inc.. (Attachments: # 1 Exhibit Wikimedia Terms of Use, # 2 Exhibit Bauer v. Glatzer Order, # 3 Exhibit Twitter v. Sup. Ct. Order)(Morrison, Christopher) (Entered: 05/20/2019) 10-0 10-1 10-2 10-3
      • 11 05/20/2019 CORPORATE DISCLOSURE STATEMENT by WikiMedia Foundation, Inc.. (Doughty, Erik) (Entered: 05/20/2019) 11-0
      •  12 06/10/2019 MOTION for Extension of Time to June 17, 2019 to Plaintiff to file amended complaint by WikiMedia Foundation, Inc..(Morrison, Christopher) (Entered: 06/10/2019) 12-0
      • 13 06/11/2019 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting the Parties’ Joint 12 Motion for Extension of Time to 6/17/2019 for the Plaintiff to file an Amended Complaint. (Finn, Mary) (Entered: 06/11/2019)  [no doc]
      • 14 06/11/2019 Set/Reset Deadlines: Plaintiff’s Amended Complaint due by 6/17/2019. (Finn, Mary) [no doc]
      • 15 06/11/2019 Copy re 13 Order on Motion for Extension of Time, 14 Set/Reset Deadlines mailed to Dennis G. Lomax, 40 Fort Street, Apt. 1, Northampton, MA 01060 on June 11, 2019. (Finn, Mary) [no doc]
      • 16 Filed 6//17/2019 AMENDED COMPLAINT against WikiMedia Foundation, Inc., et. al., filed by Dennis G. Lomax. (Rivera, Christina)  16-0
      • 17 MOTION for Leave to file electronically Pro Se by Dennis G. Lomax. (Rivera, Christina) 17-0
      • 18 06/24/2019 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 17 Motion for leave to electronically file Pro Se. “The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html “(Rivera, Melissa) (Entered: 06/24/2019) [no doc]
      • 19 07/1/2019 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WikiMedia Foundation, Inc..(Morrison, Christopher) (Entered: 07/01/2019) 19.0
      • 20 07/1/2019 MEMORANDUM in Support re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WikiMedia Foundation, Inc.. (Morrison, Christopher) (Entered: 07/01/2019) 20-0
      • 21 07/1/2019 DECLARATION re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WikiMedia Foundation, Inc.. (Attachments: # 1 Exhibit Wikimedia Terms of Use, # 2 Exhibit WMF Global Ban Policy, # 3 Exhibit Website Excerpt, # 4 Exhibit Bauer v. Glatzer Order, # 5 Exhibit Twitter v. Sup. Ct. Order)(Morrison, Christopher) (Entered: 07/01/2019)  21.0 21-1 21-2 21-3 21-4 21-5
      • 22 07/11/2019 Magistrate Judge Katherine A. Robertson: ORDER entered. The Court requests that the parties confer and notify the Court in writing, on or before the close of business on July 25, 2019, whether or not the parties consent to the reassignment of this case for all proceedings, including the entry of final judgment, to Magistrate Judge Katherine A. Robertson pursuant to 28 U.S.C. ยง 636(c) and Fed. R. Civ. P. 73. See attached order for complete details. (Attachments: # 1 Instructions, # 2 Consent/Declination Form.) (Rivera, Melissa) (Entered: 07/11/2019) 22-0 22-1 22-2
      • 23 07/11/2019 Copy re 22 Order mailed to Dennis G. Lomax on 7/11/2019. (Rivera, Melissa) (Entered: 07/11/2019) [no doc]
      • 24 07/24/2019 Refusal to Consent to Proceed Before a US Magistrate Judge. No document attached to this entry pursuant to General Order 10-1 concerning procedure and counsel in such cases. (Figueroa, Tamara) [no doc]
      • 25 07/24/2019 ELECTRONIC NOTICE of Case Re-Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary) (Entered: 07/24/2019) [no doc]
      • 26 07/26/2019 ORDER on Motion to Dismiss for Failure to State a Claim  26-0
      • 27 7/26/2019 Copy re26 Order on Motion to Dismiss for Failure to State a Claim, mailed to Dennis G. Lomax on 7/26/19. (Lindsay, Maurice) [no doc]
      • 28 08/08/2019 Opposition re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dennis G. Lomax. (Lomax, Dennis)  28-0
      • 29 08/13/2019 Motions Taken Under Advisement: 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Bartlett, Timothy) (Entered: 08/13/2019) [no doc]
      • 30 09/04/2019 MOTION for Leave to File Reply Memorandum of Law by WikiMedia Foundation, Inc.. (Attachments: # 1 Exhibit Proposed Reply)(Morrison, Christopher) (Entered: 09/04/2019) 30-0 30-1
      • 31 09/10/2019 Opposition re [30] MOTION for Leave to File Reply Memorandum of Law filed by Dennis G. Lomax. (Lomax, Dennis) 31-0
      • 32 09/19/2019 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 30 Motion for Leave to File Reply Memorandum of Law. ALLOWED. (Entered: 09/19/2019) [no doc]
      • 33 09/20/2019 REPLY to Response to [19] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WikiMedia Foundation, Inc.. (Morrison, Christopher) 33-0
      • This case was dismissed June 5, 2020, by DE 34, an “electronic order,” with the lengthy ruling text entirely uploaded to the docket. Lomax experienced an ischemic stroke April 23-25, 2020 and is still in rehab care, with full access to documents and tools difficult. The order may be read at https://www.courtlistener.com/docket/14573324/lomax-v-wikimedia-foundation-inc/. Hopefully, that order will be obtained through PACER and provided. 

       

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3 thoughts on “Lomax v. WMF”

  1. You were recently discussing your lawsuit on Reddit with Vigilant so I want to offer a few thoughts. I am not one of your defendants but I have been following this.

    In regard to your lawsuit none of your other defendants are going to be served. There are quite a few of them but none of them live anywhere near you. You live in the US and many of the others live in Europe or different states to you. There are jurisdiction issues. You are not going to someone living thousands and thousands of miles away from you served over a Wikipedia ban. You are living in a fantasy land.

    Then you have the problem that nobody in writing has defamed you, yes literal writing that is VISIBLE. None of your listed defendants defamed you on the WMF servers in writing. You say there is defamation but it is ALLEGED private defamation in secret emails. No judge is going to by that. Jones Day noted your whole case rests on an unlikely unproven idea. It’s an insane conspiracy theory. There is no actual EVIDENCE you have been defamed. You were unable to link to it in your replies.

    In your filed replies you were not able to point to any defamation on the WMF servers. Various users saying they want to have you banned, or saying they want your cold fusion material deleted is NOT a crime, nor libel. It is not defamation to call you an “internet troll” or offer a personal opinion about cold fusion.

    No real life crimes have been committed – you are basically suing a bunch of people because you were banned on Wikipedia and the WMF published your username “Abd” as banned. Do you realise how childish this all is? It is a waste of the courts time and you know that. “Abd” is not your real name. You have no business and you have not suffered any economic damage (which you have admitted) and Jones Day took you to point for.

    As for your other defendants they are not the WMF, a few of them might be admins (Guy Chapman, Michael Umbrecht etc) but they did not globally ban you, so they are not responsible for anything.

    You basically filed this lawsuit to abuse those defendants and you have admitted you are playing a game. In your recent reply to Vigilant you describe your lawsuit as a “game”. You do not care if you win or lose. You are basically trying to piss the WMF off by wasting their money on Jones Day whilst you are pro-se and pay nothing.

    In European countries there is also the issue of one-year defamation law. Your entire lawsuit in regard to “defamation” about your Wikipedia ban on the WMF servers is from activities in 2017. You filed the lawsuit in 2018 a year AFTER the activity on the WMF. We are now in 2020.

    Once your case against the WMF is dismissed this year by the judge there is NO chance of you serving any of the other defendants. You repeatedly say you want to go back and “re-amend” your complaint but you will not be allowed to do this. You have wasted the court’s time, it is abuse of the court system and you know it as Etherman a lawyer told you on Reddit. Please stop what you are doing and stop harassing your defendants by publishing all this nonsense on your blog. They are all silent but you pop up every week and can’t stop harassing them. Jones Day have likely seen all of your blog posts and threads about your defendants. You are only making it worse for yourself.

    1. This was posted through a TOR exit router, and I find it unlikely that a real attorney would use such. This is what is called “concern trolling. It raises a whole series of familiar arguments. It is quite unlikely that any independent lawyer would write this, so this is probably one of the Smith brothers and I doubt that any of the other defendants would write such a thing. There is no ongoing “harassment” of the general defendants, and this could only with any reason at all be said about the Smith brothers, who are often documented here, because of what they have done and continue to do. So this is from the Smiths, 99%.

      By the way, if the author is not a lawyer, US law was just violated. Not sure that will make any difference, just sayin’ The email address claimed to be a lawyer, as well as the post.

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