UPDATE: Judge Tosses Lawsuit Filed By AdSurfDaily Members Dwight Owen Schweitzer And Todd Disner Against Rust Consulting
U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida has dismissed a lawsuit by AdSurfDaily members Dwight Owen Schweitzer and Todd Disner against Rust Consulting Inc., the government-approved claims administrator in the civil portion of the ASD Ponzi case.
The claims by Schweitzer and Disner were hypothetical in nature and “far from the ‘definite and concrete’ dispute required for the maintenance of a declaratory judgment action,” Altonaga ruled.
And Schweitzer and Disner did “not explain how their allegations relate to their declaratory action against Rust,” Altonaga ruled.
“Indeed,” she continued, “the declaration Plaintiffs seek in this action relates to the government’s verified complaint for forfeiture . . . the Court cannot find — nor do Plaintiffs identify — anything in the Complaint indicating what declaration Plaintiffs seek with regard to Rust.”
Schweitzer and Disner sued Rust and the United States in November. A response by the U.S. Department of Justice is expected soon.
Rust moved for dismissal last month, arguing that Schweitzer and Disner were impermissibly seeking to relitigate the forfeiture action against tens of millions of dollars in the personal bank accounts of ASD President Andy Bowdoin.
Those issues already had been decided in the District of Columbia, where the forfeiture case was filed in August 2008, Rust argued.
In dismissing the claims by Schweitzer and Disner against Rust, Altonaga ruled that the Schweitzer/Disner complaint had presented a “conjectural, hypothetical, or contingent” controversy as it pertained to Rust.
Read the dismissal order in Rust’s favor.