Hillary Clinton

Her Sister

(6,444 posts) Fri Apr 29, 2016, 08:48 PM Apr 2016

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

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Highlight:

Bernie 2016 voluntarily dismisses its datagate suit against the DNC (HRC GP) (Original Post) Her Sister Apr 2016 OP

Meanwhile 2naSalit Apr 2016 #1

Cracks me up how Sanders' supporters say his campaign is innocent and it's Clinton's fault. Hoyt Apr 2016 #2

totally obnoxious. BootinUp Apr 2016 #3

the 'Clinton Machine' got to Sanders and FORCED him to do this.... KittyWampus Apr 2016 #9

Well of course Treant Apr 2016 #15

Good analogy. Hoyt Apr 2016 #21

Did you see the story in their group? savalez Apr 2016 #19

How in the world they can post junk like that with a "straight face" is beyond me. Hoyt Apr 2016 #22

It's comical... savalez Apr 2016 #23

LOL It was only ever about fund raising and changing the headlines away from them Lucinda Apr 2016 #4

I agree! So many things have been about changing the conversation away Her Sister Apr 2016 #5

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

Source? /nt romana Apr 2016 #11

Sanders campaign withdraws lawsuit against DNC Her Sister Apr 2016 #13

Now that he wants to dictate to the DNC why not drop lawsuit FloridaBlues Apr 2016 #7

Another sign of a campaign... yallerdawg Apr 2016 #8

That and a bunch of other moves make Bernie less pure than he pretends to be. nt Jitter65 Apr 2016 #10

Total and utter capitulation by Sanders. Dismissal for a waiver of costs! SunSeeker Apr 2016 #12

Between theft and campaign finance fraud, Bernie & Jane may be in some trouble.... Walk away Apr 2016 #14

What a whiny bunch of incompetents @ camp BS. Cha Apr 2016 #16

They need the $$$ for Tad, Jeffy and the Jane... Princess Turandot Apr 2016 #17

It was bogus in the first place. Iliyah Apr 2016 #18

^^^This!^^^ eom BlueCaliDem Apr 2016 #20

I guess puffy socks Apr 2016 #24

2naSalit

(86,795 posts)

1. Meanwhile

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 08:50 PM

Apr 2016

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

Hoyt

(54,770 posts)

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

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 08:54 PM

Apr 2016

BootinUp

(47,190 posts)

3. totally obnoxious.

Reply to Hoyt (Reply #2)

Fri Apr 29, 2016, 08:58 PM

Apr 2016

KittyWampus

(55,894 posts)

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

Reply to Hoyt (Reply #2)

Fri Apr 29, 2016, 09:28 PM

Apr 2016

Treant

(1,968 posts)

15. Well of course

Reply to Hoyt (Reply #2)

Fri Apr 29, 2016, 10:27 PM

Apr 2016

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.

Hoyt

(54,770 posts)

21. Good analogy.

Reply to Treant (Reply #15)

Sat Apr 30, 2016, 12:16 AM

Apr 2016

savalez

(3,517 posts)

19. Did you see the story in their group?

Reply to Hoyt (Reply #2)

Fri Apr 29, 2016, 10:52 PM

Apr 2016

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.

Hoyt

(54,770 posts)

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

Reply to savalez (Reply #19)

Sat Apr 30, 2016, 12:18 AM

Apr 2016

savalez

(3,517 posts)

23. It's comical...

Reply to Hoyt (Reply #22)

Sat Apr 30, 2016, 12:42 AM

Apr 2016

...and sad at the same time.

Lucinda

(31,170 posts)

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

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 08:59 PM

Apr 2016

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

Her Sister

(6,444 posts)

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

Reply to Lucinda (Reply #4)

Fri Apr 29, 2016, 09:04 PM

Apr 2016

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

displacedtexan

(15,696 posts)

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

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 09:09 PM

Apr 2016

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.”

romana

(765 posts)

11. Source? /nt

Reply to displacedtexan (Reply #6)

Fri Apr 29, 2016, 09:53 PM

Apr 2016

Her Sister

(6,444 posts)

13. Sanders campaign withdraws lawsuit against DNC

Reply to displacedtexan (Reply #6)

Fri Apr 29, 2016, 10:10 PM

Apr 2016

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.”

FloridaBlues

(4,008 posts)

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

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 09:10 PM

Apr 2016

yallerdawg

(16,104 posts)

8. Another sign of a campaign...

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 09:14 PM

Apr 2016

on the Road to Nowhere!

Jitter65

(3,089 posts)

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

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 09:51 PM

Apr 2016

SunSeeker

(51,715 posts)

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

Reply to Her Sister (Original post)

Fri Apr 29, 2016, 10:05 PM

Apr 2016

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.