Updated: "Party Denise Nichols terminated per  Notice of Voluntary Dismissal. (ASB)" In a bizarre turn of events, Righthaven LLC is now requesting a dismissal with prejudice of its own complaint in order to avoid paying the attorneys' fees of Denise Nichols, a retired Air Force nurse who served in the Vietnam War era and the first Gulf War.
Righthaven Internet troll serves complaint that fails to mention defendant, now says defendant fails to negotiate in good faith in dismissal talks
Righthaven says in a motion filed May 5 that the defendant, Nichols who is battling Gulf War illness as a patient and advocate and is demanding attorneys' fees and costs, is refusing to negotiate in "good faith."
In an April 20 hearing, Judge Gloria M. Navarro of the federal District Court for Nevada ruled that the case against Nichols would be dismissed, and the only point to be decided was whether the absurd case would be dismissed with or without prejudice.
To understand this case, consider this hypothetical.
Suppose I file a complaint against you, the reader. I fail to mention you, the reader, in the complaint; but I demand $150,000 and plaintiff attorneys' fees and costs from you anyway. You then hire defense attorneys, but when you demand attorneys' fees and costs in negotiations for the defense of the absurd complaint, I say you are failing to negotiate in "good faith."
That's Righthaven's position. Negotiations have proven futile.
Nichols even volunteered in negotiations to give Righthaven a non-disclosure clause so it would not look as foolish as it does today. Righthaven rebuffed the offer in April.
The stress of the federal lawsuit on Nichols and her family is intense and ongoing. "I just want this to go away. And I want to be made whole for what I paid my attorneys. Righthaven refuses," said Nichols this morning.
Righthaven claims the motion and its negotiations "accurately (reflect) its desire to dismiss this action against Nichols in view of her extensive prior military service to the Untied (sic) States of America and in view of her apparent medical condition."
Righthaven cares about veterans and the disabled? This contention is what legal experts refer to as: Bullshit.
"These people have extended no courtesy to any defendant, veteran or disabled. That's the truth of the matter," said Nichols. "Where was the concern for negotiating for the straight-to-court federal suit filed in the first place? I'm still shaking my head. I want to get out of this alive and whole. But will Righthaven play ball?"
No, Righthaven is asking for the case to be dismissed with prejudice (meaning roughly it would be difficult for Righthaven to bring other similar suits), but is saying the defendant is refusing to negotiate in "good faith" because of Righthaven's refusal to consider paying Nichols' attorneys' fees and costs.
The absurd becomes real.
That's crazy? No, that's Righthaven.