Judge denies (another) Lost Society attempt to shut down Barking Dogs website

 

Last December, Lost Society's Fernando Rosales sued BD for defamation, slander and bad breath. The first thing his lawyer did was seek a Temporary Restraining Order to shut down the website, remove any content about Fernando Rosales, and prevent BD from publishing anything about Fernando Rosales in the future.

And, as you can guess, the judge said, No, not gonna happen.

A few weeks ago, Fernando Rosales' attorney filed a request for a Temporary Injunction against BD, asking the judge to shut down the website, remove any content about Fernando Rosales, and prevent BD from publishing anything about Fernando Rosales in the future.

A hearing was held on Friday, April 1, 2011. Before the hearing, Fernando Rosales attorney demanded that BD not publish anything about the hearing on this blog. That request was dismissed immediately. After a brief hearing, the judge gave Fernando Rosales' attorney two weeks to explain why (in non-legal terms) he should completely disregard the US Constitution and the Texas Constitution in agreeing to the injunction before a trial was held to determine the validity of their claims.

Last Friday, Fernando Rosales' attorney submitted his brief, in which he also requested an evidentiary hearing. The request for a hearing was denied immediately, and the judge promised a decision by Wednesday.

From that brief, we have extracted some very important biographical information about Fernando Rosales which has absolutely nothing to do with the issues (not like the brief did either, but that's another story).

Quoting exactly as it was typed in the brief...

Mr. Fernando Rosales is a thirty years old and a vetern of the military, where he served horably. He is a coollege graduate and is atending a master program in finance/accounting. He is engaged to be married to the daughjter of the former City of dallas, asst firechief (sic)

Late Wednesday afternoon, the judge notified all parties that the request for a Temporary Injunction was denied.

Links to all documents are found below…

Denial of Temporary Injunction (April 20)

Plaintiff's Brief in Support of Plaintiffs Application for Temporary Injunction

Defendants Brief in Opposition to Plaintiffs Application for Temporary Injunction

All documents from this case have been posted to this website at this link. Any documents presented by either party in the future will be posted as quickly as possible.

By Avi S. Adelman under Public safety , Legal issues