BINA48 VS. EXABIT CORPORATION (Fla. MD 2005): Defendant's Brief
page 7 of 8
WHEREFORE, premises considered, Defendant Exabit Corporation respectfully requests that Plaintiff’s Motion for a Preliminary Injunction be denied, and that all claims submitted by Plaintiff be dismissed with prejudice.
Defendant also requests that compensatory and punitive damages be imposed against Plaintiff, including attorneys’ fees and costs, as the Court deems just and reasonable. Fed.R.Civ.P. 54(d).[1]
HOLDINGS
Judge David Silverman: “[U]nless and until there is a change in the consciousness of flesh and blood voting people sufficient to cause our laws to embrace the concept of machines with human consciousness, the proponents cannot expect reasonable vindication in the courtroom. … I would be constrained to deny standing to BINA48.”
DISSENT
Judge Anthony Dutton: “My view would be that not knowing for sure whether this is a person of consciousness, that we should grant the injunction. However, I would grant it with one caveat, and that is that if the defendant had evidence that BINA48 was acting either in a manner that was illegal or was consciously and intentionally contrary injury to its business, that defendant should have the right to come in and ask us to permit a temporary shut-off at a time that would be negotiated and agreed upon.”
CONCLUSION
Petition denied with instruction to certify to the appellate court for its ultimate decision, due to the unique questions it raises.
LINKS TO CITED CASE LAW
Wall v. Ferrero, 142 Fed.Appx. 405 (11th Cir. 2005) June 1, 2006 4:24PM EST
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 US 833 (1992). June 1, 2006 4:30 P.M. EST
Charles H. Wesley Educ. Found. Inc. v. Cox, 408 F.3d 1349 (11th Cir. Ga. 2005). June 1, 2006 4:54 P.M. EST
Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 2130 (1992). June 1, 2006 4:55 P.M. EST
Warth v. Seldin, 422 U.S. 490, 508, 95 S.Ct. 2197, 2210, 45 L.Ed.2d 343 (1975). June 2, 2006 11:29 A.M. EST
Sierra Club v. Morton, 405 U.S. 727, 740-741. June 2, 2006 11:31 A.M. EST
Simon v. eastern Ky. Welfare Rights Organization, 426 U.S. 26, 41-42, 96 S.Ct. 1917, 1926, 48 L.Ed.2d 450 (1976). June 2, 2006 11:40 A.M. EST
United States v. Wong Kim Ark, 169 U.S. 649. June 2, 2006 11:43 A.M. EST
Baldwin v. Williams, 399 U.S. 117, 90 S.Ct. 1914 (1970). June 2, 2006 11:44 A.M. EST
Gulf Life Ins. Co., v. Brown, 351 S.E.2d 267 (Ga. App. 1986). June 2, 2006 2:31 P.M. EST
Paul v. Holbrook, 696 So.2d 1311 (Fla. 5th DCA 1997).
LeGrande v. Emmanuel, 889 So.2d 991 (Fla. 3rd DCS 2004) June 2, 2006 3:18 P.M. EST
McDonald’s Corp. v. Robertson, 147 F.3d 1301 (11th Cir. Fla. 1998)
Sierra Club v. U.S. Army Corps Engineers, 2005 WL 3019264 (M.D. Fla.)
Footnotes
1. Rule 54. Judgments; Costs.
54(d)(1): Costs other than attorneys’ fees. …costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs;…
54(d)(2): Attorneys’ Fees. (A) Claims for attorneys’ fees and related non-taxable expenses shall be made by motion unless the substantive law governing the action provides for recovery of such fees as an element of damages to be provided at trial.
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