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Fri Apr 29, 2016, 07:48 PM

 

Bernie 2016 voluntarily dismisses its datagate suit against the DNC (HRC GP)

It’s over! The lawsuit never made much sense for a major national campaign against its political party acting as data vendor, and now it has been voluntarily dismissed from court. The case cannot be refiled as the dismissal was with prejudice, and both sides will bear their own costs.

The DNC was scheduled to submit its answer to Bernie 2016’s complaint if the lawsuit had remained alive through today. The case was originally filed on December 18, 2015, but through the Campaign first delaying formal service of the suit and then both sides agreeing to an extension on April 7, essentially nothing had happened in court up to today.

The case was moot from the date of filing, as news reports indicated that both sides had come to full agreement at that time on the matters of data access and follow up investigation. There is no information here about follow up. The full text of the dismissal notice is as follows.


NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Plaintiff Bernie 2016, Inc., by and through its undersigned counsel, hereby gives notice that this action shall be DISMISSED WITH PREJUDICE, as settled, with each party to bear its own costs.


And here is the new entry on the docket.

Date Filed # Docket Text
04/07/2016 9 NOTICE of Appearance by Robert Felix Bauer on behalf of DNC SERVICES CORPORATION (Bauer, Robert) (Entered: 04/07/2016)
04/07/2016 10 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DNC SERVICES CORPORATION (Attachments: # 1 Text of Proposed Order)(Frost, Elisabeth) (Entered: 04/07/2016)
04/29/2016 11 NOTICE of Voluntary Dismissal by BERNIE 2016, INC. (Griffin, Sean) (Entered: 04/29/2016)

Friday, Apr 29, 2016 · 5:46:10 PM EDT · swiffy


News stories are picking this up. The Sanders campaign is making the case that this whole process has exonerated its actions, while statements from the DNC show the audit backed up the information from December about unauthorized access, including one instance of exporting the data.


http://www.dailykos.com/story/2016/4/29/1521572/-Bernie-2016-voluntarily-dismisses-its-datagate-suit-against-the-DNC

24 replies, 1512 views

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Arrow 24 replies Author Time Post
Reply Bernie 2016 voluntarily dismisses its datagate suit against the DNC (HRC GP) (Original post)
Her Sister Apr 2016 OP
2naSalit Apr 2016 #1
Hoyt Apr 2016 #2
BootinUp Apr 2016 #3
KittyWampus Apr 2016 #9
Treant Apr 2016 #15
Hoyt Apr 2016 #21
savalez Apr 2016 #19
Hoyt Apr 2016 #22
savalez Apr 2016 #23
Lucinda Apr 2016 #4
Her Sister Apr 2016 #5
displacedtexan Apr 2016 #6
romana Apr 2016 #11
Her Sister Apr 2016 #13
FloridaBlues Apr 2016 #7
yallerdawg Apr 2016 #8
Jitter65 Apr 2016 #10
SunSeeker Apr 2016 #12
Walk away Apr 2016 #14
Cha Apr 2016 #16
Princess Turandot Apr 2016 #17
Iliyah Apr 2016 #18
BlueCaliDem Apr 2016 #20
puffy socks Apr 2016 #24

Response to Her Sister (Original post)

Fri Apr 29, 2016, 07:50 PM

1. Meanwhile

I receive one or two email solicitations a day from them even though I have never donated or actively supported him.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 07:54 PM

2. Cracks me up how Sanders' supporters say his campaign is innocent and it's Clinton's fault.

 

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Response to Hoyt (Reply #2)

Fri Apr 29, 2016, 07:58 PM

3. totally obnoxious.

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Response to Hoyt (Reply #2)

Fri Apr 29, 2016, 08:28 PM

9. the 'Clinton Machine' got to Sanders and FORCED him to do this....

 

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Response to Hoyt (Reply #2)

Fri Apr 29, 2016, 09:27 PM

15. Well of course

Did you see the short skirt her data was wearing, and hear that it was walking through a bad part of town? That data deserved what happened to it.

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Response to Treant (Reply #15)

Fri Apr 29, 2016, 11:16 PM

21. Good analogy.

 

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Response to Hoyt (Reply #2)

Fri Apr 29, 2016, 09:52 PM

19. Did you see the story in their group?

The title is:

"Bernie Sanders Withdraws Lawsuit Against DNC After Being Proven Correct About Data Breach"

After being proven correct? By who? Correct about what?!

Hmmmm. So why did he fire his employee at the time again?

Oh brother.

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Response to savalez (Reply #19)

Fri Apr 29, 2016, 11:18 PM

22. How in the world they can post junk like that with a "straight face" is beyond me.

 

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Response to Hoyt (Reply #22)

Fri Apr 29, 2016, 11:42 PM

23. It's comical...

...and sad at the same time.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 07:59 PM

4. LOL It was only ever about fund raising and changing the headlines away from them

stealing data. I very much doubt they would want the details to come out in trial.

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Response to Lucinda (Reply #4)

Fri Apr 29, 2016, 08:04 PM

5. I agree! So many things have been about changing the conversation away

 

from problem areas they don't want to discuss/answer.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 08:09 PM

6. Here's why Bernie 2016 Inc. had to "dismiss" their suit...

the DNC said an independent forensic examination “identified evidence of unauthorized access via four user accounts from the Bernie 2016 campaign. All unauthorized access occurred during a one-hour period from 10:41 to 11:42 EST on December 16, 2015.”

“During that time, the four users conducted 25 searches using proprietary Hillary for America score data across 11 states. All of the results of these searches were saved within the VoteBuilder system, with the exception of one instance where a user exported a statistical summary of a search using HFA scoring in New Hampshire,” the DNC statement went on to say.

“CrowdStrike found no evidence of unauthorized access by the Hillary for America or O’Malley for President campaigns. Today, the Sanders campaign also voluntarily dismissed the breach of contract action pending against the DNC.”

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Response to displacedtexan (Reply #6)

Fri Apr 29, 2016, 08:53 PM

11. Source? /nt

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Response to displacedtexan (Reply #6)

Fri Apr 29, 2016, 09:10 PM

13. Sanders campaign withdraws lawsuit against DNC

 

http://www.politico.com/story/2016/04/bernie-sanders-dnc-lawsuit-campaign-222659

Your link!

the DNC said that the independent investigation by CrowdStrike agreed upon by the Sanders campaign and the DNC “identified evidence of unauthorized access via four user accounts from the Bernie 2016 campaign. All unauthorized access occurred during a one-hour period from 10:41 to 11:42 EST on December 16, 2015.”

“During that time, the four users conducted 25 searches using proprietary Hillary for America score data across 11 states. All of the results of these searches were saved within the VoteBuilder system, with the exception of one instance where a user exported a statistical summary of a search using HFA scoring in New Hampshire,” the DNC statement said.

“CrowdStrike found no evidence of unauthorized access by the Hillary for America or O’Malley for President campaigns. Today, the Sanders campaign also voluntarily dismissed the breach of contract action pending against the DNC.”

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 08:10 PM

7. Now that he wants to dictate to the DNC why not drop lawsuit

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 08:14 PM

8. Another sign of a campaign...

on the Road to Nowhere!

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 08:51 PM

10. That and a bunch of other moves make Bernie less pure than he pretends to be. nt

 

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 09:05 PM

12. Total and utter capitulation by Sanders. Dismissal for a waiver of costs!

If Sanders hadn't dismissed with prejudice, the DNC surely would have hit him with a costs bill, which it looks like his campaign can't afford.


Between filing frivolous lawsuits and flying the extended Sanders clan on a Roman holiday, the campaign is looking pretty tapped out, with the FEC breathing down its neck over millions in questionable donations.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 09:21 PM

14. Between theft and campaign finance fraud, Bernie & Jane may be in some trouble....

He might have to STFU sooner than he originally thought.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 09:29 PM

16. What a whiny bunch of incompetents @ camp BS.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 09:32 PM

17. They need the $$$ for Tad, Jeffy and the Jane...

or maybe their lawyers asked for some of the money this cod swallop of a suit raised for them.

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Response to Her Sister (Original post)

Fri Apr 29, 2016, 09:33 PM

18. It was bogus in the first place.

It's purpose was to ensure plenty of donations and it worked. It also shined light on the wrong persons. Karma is a bitch.

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Response to Iliyah (Reply #18)

Fri Apr 29, 2016, 10:56 PM

20. ^^^This!^^^ eom

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Response to Her Sister (Original post)

Sat Apr 30, 2016, 11:31 AM

24. I guess

 

he didnt want the $75k in damages after being "proven correct"?

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