GUM Supreme Court case 2023-3/2
15 January 2023
Notice of new action
Larry Martin v Shiro Mephistopheles
Case reference: 2023-2
Assigned to Henry Clémens SJ
REGISTRAR: Larry Martin has brought an action against Shiro Mephistopheles, regarding the Mr Mephistopheles's statements about the claimant published in response to a recent FOI request.
Notice of new action
James Frisch v Shiro Mephistopheles
Case reference: 2023-3
Assigned to Henry Clémens SJ
REGISTRAR: James Frisch has brought an action against Shiro Mephistopheles, regarding the Mr Mephistopheles's statements about the claimant published in response to a recent FOI request.
Petition (2023-2)
Facts
REGISTRAR: In the "Draft for Nominations for the New Administration", the plaintiff was not considered due to concerns that "he doesn’t take the GUM seriously enough".
Claims
REGISTRAR: That the defendant's claim has led to the plaintiff not receiving consideration for GUM nominations, and that this could lead to future administrations not considering the plaintiff for future nominations.
Relief
REGISTRAR: That the defendant remove these comments from their draft.
Petition (2023-3)
Facts
CLAIMANT: A document was released by Mr. Mephistopheles in the lounge claiming that I do not take the GUM seriously, resulting in my dismissal as a candidate for Executive/Directorial roles.
Claims
CLAIMANT: Mr. Mephistopheles has defamed my character in a publicly released document and his comments may result in my dismissal from consideration from future roles.
Relief
CLAIMANT: Removal of the statement from the document and a public apology for the comment.
SUPREME JUSTICE CLÉMENS: 2023-3 will be joined with 2023-2 and heard alongside the latter as one.
Defendant's response
17 January 2023
DEFENDANT: The document in question has been removed in its entirety and retracted.
Motion to dismiss
21 January 2023
HORATIO EDEN (COUNSEL TO MR. MARTIN): Given the removal and retraction of the document, my client motions to dismiss.
First dismissal and reversal
3 March 2023
SUPREME JUSTICE CLÉMENS: This case is dismissed, on grounds that the original claimant, Larry Martin, has motioned for dismissal and James Frisch -whose 2023-3 claim was joined with this one - has not responded to repeated requests for confirmation on whether or not he desires to continue his suit.
5 March 2023
SUPREME JUSTICE CLÉMENS: On account of a mistake on my part, I will reverse the dismissal.
Reassignment
30 April 2023
Larry Martin v Shiro Mephistopheles; James Frisch v Shiro Mephistopheles
Case references: 2023-2; 2023-3
Assigned to Valentinus ASJ
ACTING SUPREME JUSTICE VALENTINUS: Following the resignation of Supreme Justice Clémens, the joined cases Larry Martin v Shiro Mephistopheles and James Frisch v Shiro Mephistopheles have been reassigned to Acting Supreme Justice Sertor Valentinus.
Dismissal
3 May 2023
Larry Martin v Shiro Mephistopheles; James Frisch v Shiro Mephistopheles
Case references: 2023-2; 2023-3
Assigned to Valentinus ASJ
ACTING SUPREME JUSTICE VALENTINUS: I hereby move to dismiss these cases with prejudice, for want of prosecution.
Both claimants named in the joined suit have indicated that they wish to drop their cases against the defendant. The court acknowledges that the case has dragged on for an extraordinary period of time with little to no action barring a previous motion from the Advocate General to dismiss.
The removal and retraction of the document cited in the filing fulfils a significant portion of the requested relief cited in the filing, which must also be taken into account.
As this has been dismissed with prejudice, the claimants may not bring this case back to court.
Case is dismissed.