Bernath vs. Lilyea, et al. dismissed
Since we’ve been keeping you up to date on our doings in Fort Myers, Florida, the court dismissed (without prejudice) the case against a number of us on Monday. Mr. Bernath has been given an opportunity to refile his case before November 4th. Judge Sheri Chappell issued a nine page order;
Construing the Complaint liberally in light of Bernath’s pro se status, the Court has examined the plausibility of the claims asserted by Plaintiff. Plaintiff’s Complaint in this instance is a rambling, disjointed pleading with regard to his claims against Defendants. Plaintiff strings together multiple facts addressing various topics that are impertinent, scandalous, and immaterial to the causes of action Plaintiff is attempting to allege. (Doc. #1). At the beginning, Plaintiff states causes of action, in bold, with no underlying facts to support the causes of action. (Doc. #1 at 1-2). Plaintiff does not even state a recital of the elements for a majority of the causes of action he asserts. Rather, he just lists several causes of action without any sort of separation or underlying facts, violating Rule 10(b). See Fed. R. Civ. P. 10(b) (requiring that “each claim founded on a separate transaction or occurrence – and each defense other than a denial – must be stated in a separate count or defense”). As best the Court can decipher, Plaintiff attempts to allege elements for numerous common law causes of action, but without supporting facts, these causes of action still fail pleading requirements. Beneath each heading are various conclusory allegations regarding certain elements of the purported claims, but in every instance Bernath fails to set forth allegations which comprise an entire, viable cause of action. Despite the length of the Complaint, the allegations made by Bernath are neither legally adequate nor specific enough to survive dismissal.
Mr Bernath remains undeterred;
Judge said to trim the complaint. Judge never said anything about how you can murder people is OK with her. Just have to trim the complaint but say all the same things.
We know a lawyer in Calif who had to amend his complaint 14 times. He did till it shined like the top of the Chrysler Building and he ended up with a $24,000,000 judgement against Defendants.
So too here.
You planned and conducted “Operation Shipley” to sabotage an aircraft at a transportation facility. You conduct international terrorism for your “cause.”
Some lawyers actually intentionally file a shitting original complaint so the dumb defendants will spend $50,000 on their lawyers to tell them the flaws in the complaint. Judge always grants leave to amend. Always. Mr. Bernath, of course would never do that.Racketeering. Terrorism. All federal, 3 times damages done to aircraft and the emotional distress of Mr. Bernath and you get to pay his trial attorney fees and more.
But you haven’t won anything as you shall see on November 4, 2016.
Mr. Bernath’s legal advisors will retype. No problem.
Today, next year, five years from now we will have a trial. You probably won’t be there.
You sure have a stupid hobby.signed
ALS Medical Advisors to Southern Command
Category: Bernath
And Daniel Bernath doubles down again on the Stoopid.
The good judge is trying to give him a chance to make sense, but that’s like trying to give a cow chip a chance to earn a PhD.
Why don’t you guys counter sue and shut the ass hole up?
IMHO a cow chip has at least ten thousand times more brains, common sense and ethics than Bernath ever has had or ever will.
Am not a Lawyer, but still don’t understand why the Court did not dimiss WITH Prejudice.
Possibly because of the non-specificity. “With prejudice” means “you can’t bring this same claim again,” and if you can’t figure out what “this same claim” even is, that’s going to be hard to do.
It’s so he has no legs on appeal.
Bernath has no appeal.
I see what you did there, Hack.
Flies beg to differ.
Good one!
The judge granted him leave (permission) to file an amended complaint so he can try to comply with the federal rules regarding a legally sufficient pleading (complaint). But she warned him she is going to scrutinize it on her own motion (“sua sponte”) to determine if it complies; if not, she will dismiss it again. She might give him another try at a proper amended complaint. But ultimately, she will likely dismiss the case with prejudice, because LDD can’t help himself. From the comment above, it is clear a certain disbarred one does not understand what is wrong with his pleading, so I don’t think he is capable of writing a complaint that properly states a viable cause of action. Even if he could do so, his bogus claims will never survive a motion for summary judgment. Anyway, that’s my opinion, based on 36 years of experience as a “lawer.”
That is my reading as well.
Because pro se complaints (even if the plaintiff is an attorney)
should not be dismissed without the Court granting leave to amend at least once if the Complaint is remotely plausible (e.g., doesn’t involve time-travel allegations or hasn’t already been decided elsewhere).
From experience, it also locks the plaintiff into a claim, limiting his ability to bring it somewhere it.
By my math, 100 monkeys need more than 5 years to retype that into something which shines like the top of the Chrysler Building. But I am no grad student, nor a disbarred lawyer, nor a glider pilot.
How much Dura-Glit do you need to shine the top of The Chrysler Building? As to (see what I just did there) the phrase “shine like Tge Chrysler Building”, I am unfamiliar with it. Is/was this ever a common expression? I think that a better expression would be “shine like a mailbox door”.
You forgot to put “AS TO” in all caps.
The Dutch Rudder Club has one (barely coherent) monkey and a week-they’re not going to make it into a shinier turd than what they’ve already got.
Obviously someone didn’t watch the Mythbusters episode about polishing turds. (smile)
Per the show, it can be done. But the DRG IMO doesn’t have the necessary skills.
Oh I’ve seen it, I just think Jamie and Adam have a lot more talent and intelligence than the DRC.
The polished ball of shit had more brains then the DRC
I guess that I, despite having never attended a law class beyond Youth and the Law in high school, am a better attorney than Lawn Dart Danny (henceforth LDD).
Despite LDD’s claim that he will “just have to trim the complaint but say all the same things” and his implication that he will have multiple attempts to make his crappy complaint shine like the top of the Chrysler building, the judge’s action the next time that he sees this come through is clear; before the process goes forward, the court will review the new filing to make sure that it complies with civil procedure. If it doesn’t, case gets tossed with prejudice. What are the odds that LDD will actually submit something that isn’t a flying piece of crap? This one will be over by early 2017.
He’s more of a TJ, Towed Jumper… Lawn Dart is too nice a pejorative for him, plus he ain’t a Cherry Jumper where the law is concerned.
I thought TJ stood for Turkey Jizz?
Must be a Navy thing…. I hear they like that stuff… IDC SARC, can you confirm? 😉
Not “total jerk”?
The judge seems to be aware that Bernath at one time was licensed to practice law. I wonder if she is also aware that he shoved a catheter about 4 feet up beyond his prostate. To me, that explains everything.
Bernath…GO AWAY
Good God. Can you not ask for a psychiatric eval and put an end to anything that might further arise? This is just absolutely insane.
A needle in the paw would be more compassionate.
“Operation Shipley”
I read the OPORD for this and it literally said: “on order all elements will stand by and laugh while Dan Bernath does something stupid to damage his own aircraft.”
Note for the litigious-none of the above is true or factual in any way, except that Dan Bernath has a known history of being hard on aircraft all on his own.
Poor Dan. 1 hard landing and he’s marked for life.
But the iPad said he had plenty of airspeed!
Hard to monitor that thing when you have a knife to a dogs throat. Or, perhaps it is trying to extricate itself from duct tape. But there was a “MILF” at the end he tells us gleefully. So that makes it okay.
LMAO. Good times!
Falling vertically is airspeed.
Daniel Bernath never fails to make a good impression. Unfortunately, that impression is a of private aircraft, and it is located 200 yards from Sisters Airport.
Best. Story. Ever. 🙂
Dan Bernath has an airplane? He does? One of his own, or his daughter’s airplane that he is claiming as his? This guy lies like a cheap rug, even swearing to his lies.
How does he have standing since the airplane isn’t his, I thought? Is he doing this for his daughter since, I thought, she owned the plane? If so, wouldn’t he be practicing without a license?
I learned all this watching Judge Judy. BTW, I wish Mr. Bernath would appear on her show…that would be the highest grossing pay-per-view ever.
It must perplex the hell out of him, going up against all these Lady Judges. He has expressed severe disdain over anything female.
SJ,
The Airplane story is all the more perplexing since he doesn’t have one. From what I gather this incident took place in Florida after his move.
He went on a ride with a female flight instructor ( Don’t know if there were any other passengers).
I don’t think that Berdterd ever had control of the aircraft. He claims that the aircraft had some kind of mechanical distress that forced the pilot to make an emergency landing under distress. The problem is the pilot remembers nothing of the sort.
The entire thing is ludicrous. It would involve someone being able to figure out, on the spur of the moment, which aircraft out of all those in the place that piss-brain would be flying on and having someone who was very familiar with that specific type of aircraft rat-fuck it so an experienced pilot (not him) wouldn’t catch it on the pre flight check.
Hopefully next month it’ll say “WITH PREDJUDICE”, doubt it though. However, he practically just handed you his entire legal strategy, so there you go… Now you can definitively prove that his stated goal is to harass you until he either wins, you die, or the court intervenes. I am fairly certain that using the courts to harass people is super illegal, plus the Shipley’s video of him riding his bike while strapped (Openly carrying in FL isn’t legal I believe).
In order to “dismiss with prejudice” the complaint has to be clearly and precisely stated.
Daniel Bernath is so brain damaged (judging from his filings and his actions) that he is incapable of being clear and precise about his claims. Rather Dan is unable to put together a cogent statement sans a teleprompter.
Solid Copy. I figured he was of some mental defect, to go after a plank owner in a Tier one unit, AND HIS WIFE, you have to be mentally deficient…
Although I agree with you, how does Dan Rather, (or Rather, Dan) fit into this? ~(:P)
I was hoping someone would catch that. I was going for a two-fer on that one.
“unable to put together a cogent statement sans a teleprompter”
Somewhat like the current ‘occupant’ of a large white building in DC.
That was also an intentional shot. It applies equally to all three (and probably another pants-suited individual who further needs the aid of a voice-in-her-ear.)
Not to mention a certain orange-hued blowhard.
You are correct, Lucky. Openly carrying a firearm in public in FL is currently illegal unless you’re LE.
Who?
Here’s a search link for Bernath. This guy is a flake.
http://valorguardians.com/blog/?s=bernath
You do know that the MCPO was kidding, right? He is one of the named defendants. ?
“Who?” he said owlishly……
Nobody in here but us defendants.
No, I didn’t, but I should have guessed.
I’m still catching up on all this. Only been following the blog for about 3 months.
It’ll probably take twice that to get up to speed on the entire Bernath saga.
Nothing to worry about I’ve been on here for 2 plus maybe three years now
And this bird bath dude is bad shit crazy ?
Ii sent 2 months reading up on this crazy nut.
And a buddy of mine when I told him about it thought I was crazy until he jumped on here and saw it himself, my brother is a test pilot in Kansas for FSI and he said this guy is bat shit crazy and well known in aviation circles for being in left field and still flying ???
Just google the name “Daniel A. Bernath” and you’ll see that his antics with TAH are the proverbial tip of an iceberg. He has made himself the laughing stock of many a court jurisdiction and I can picture one Lawyer saying to another “It’s okay to make a mistake from time to time, just don’t be a Bernath.”.
Actually, that’s exactly what I had done when reading this string, so I hung it out there thinking someone else was wondering who he was. After a couple of hours reading about this guy I’m wondering how he has managed to remain on the loose.
I’m sure that the phrase “Being a Bernath” is now used to describe extreme stupidity in certain circles and not just in the SV Community.
BHWHAHAHAHAHAHAHA ! ! !
So, “Never go full Bernath,” yes?
Who? Yeah, he’s the guy in the ATC recording that I have been waiting to hear…and waiting…and waiting. Maybe I need to offer some Jamesons lubricant. But I am no grad student.
I still can’t wrap my brain around this level of stupid. It defies all reasoning of God and man.
https://memegenerator.net/instance/26307406
It is beyond (or beneath) reason for Daniel Bernath is irrational.
Word ^^^^
Yoda would have said it like this.
“Strong in the retard, this one is…
Pilot a plane, he can not.”
Wow. He needs serious medication. And therapy. Lots of freaking therapy.
He’s beyond that… bat shit crazy in need of a padded room and a “hug me” jacket with Thorazine PRN.
Exactly
I happen to like my “hug me jacket”.
It keeps me warm when I am lying on the floor in my padded room.
Bernath and team meth is bad, get help.
p.s Bernath try flying to Cuba.
I’d rather he tried to fly solo across the Atlantic.
In a hang glider.
With a strong headwind, possibly during a hurricane?
When is that doofus going to – wait, let me start over.
Is that doofus ever going to comprehend that no one has any interest in ANYTHING connected to him, never mind bumping him off?
Whoever said (several of you) he needs a shrink is spot on!
Did you notice in the Judge’s conclusion, she said “Sua Sponte”…
Where do I remember that from?
https://en.wikipedia.org/wiki/75th_Ranger_Regiment_%28United_States%29
I knew, just KNEW that’d get your attention COB6…
Well, to be fair the judge is using it in a somewhat different context . . . . (smile)
Another judicial pimp slap in the face of one DANIEL A. BERNATH – GOOGLE famous non-CPO, disbarred lawer, fraudster and deadbeat dad.
You’re still Hamilton Burger’s bytch, Danni-boi… 😛
Who is this person you all refer to?
He sounds brilliant beyond belief!
He’s a patriot that buys vets new rides, college, and hot dog suits with Bernath bucks.
Word ???
Plaintiff’s Complaint in this instance is a rambling, disjointed pleading with regard to his claims against Defendants
Hell, Your Honor; everything the man says meets that description.
Poor Danny. When your next date in court has you walking out with your tail between your legs, that might be the day you snap. Personally, I hope not. You’re more entertaining like this.
I’d rather he snap for good, in court, and get taken to a rubber room. Jonn, et al, shouldn’t have to deal with his crap anymore.
Burnt Nuts,
Dumbing down the American legal system by Writ.
I feel sorry for those poor Law Clerks that had to read his motions. They will probably never pass the Bar now that he has given them permanent Brain Damage with his incoherent “Legal” ramblings.
Or, they spent weekends laughing themselves silly over Danni’s filings.
Can someone in two or three sentences fill me in on what is going on here?
Apparently some disbarred lawyer filed a bogus lawsuit pro se. The filing was crap, and the judge dismissed the suit. Unfortunately, the judge gave the disbarred lawyer a second chance to file the lawsuit – but warned the “fine individual” that they’d take a hard look at whatever he filed if he chose to file again, and gave him one week to refile.
Sounds like a guy I have been dealing with.
You don’t say. (smile)
“gave him one week to refile.”
I’m sorry but I can’t get the image out of my head of Bernath sitting in his soiled underwear behind his computer 20 hours a day for the next week pecking away with the look of an enraged chimp on his face.
Grinding his yellow teeth, scratching at that rat-pelt of a beard and occasioning calling and waking up WIttEnGeLdINg from a drunken slumber to ask him how to spell something.
Every so often he will scream at his poor wife.
“Woman!” more red bull!!, and empty my catheter bag!!.
Hopefully he won’t traumatize trick or treaters handing out cheap candy and legal cards come Halloween.
Something like this:
https://m.youtube.com/watch?v=ust_Er_oX5A
“Hopefully he won’t traumatize trick or treaters handing out cheap candy and legal cards come Halloween.”
Hell, he’ll likely be videotaping them and later suing their parents for any asinine reason he can.
Has anyone ever thought of doing a Baker Act on this guy? (Florida Law regarding involuntary commitment)
Just wondering, I think he really suffers from some sort of chemical imbalance. Nobody can be that…well what ever it is that he is without something wrong.
At least it would take away his firearm, that was seen in the Don and Diane Shipley video when he was doing an open carry on his bicycle…which is a violation of Florida law.
Bernath IS NOT crazy, he is just a raging asshole.
Concur. To paraphrase some Star Wars character: “The jackass is strong in that one.”
Just my opinion, of course.
I’m not convinced.
At one point Bernath had the mental capacity to not only graduate from law school, but also pass the bar exam. Judging from his recent writings, it appears as if he no longer has the same mental capacity.
No, DAB should be given every opportunity to exhaust his legal remedies, the results will then be then “justice for all”.
He is doing a fine job.
Let him be!
*Shutting up and stocking up on popcorn*
I wish Bernath or however you spell his name, would pull his lip over his grape and swallow. Then, crap himself out. Lastly, burn the turds so the SOB can’t regenerate. He is just the type to do that.
Careful, he might take that as a death threat and try to sue you.
“Mr. Bernath’s legal advisors will retype.”
Advisors, eh? Is he misrepresenting his status? Does that mean he shouldn’t be get the liberal construction normally afforded to pro se litigants?
I wonder his “advisors” are also disbarred by virtue of being in his head.
He’s probably getting “legal help” from another member of the DRG – “Forging” Frank Visconti, aka “doorgunner”.
Frankie only charges $20/hr for “legal help”…
HMCS(FMF) ret:
STILL LMAO on your comment about “Forging” Frank aka “doorgunner”!!
SALUTE! ???
Huh. I wonder if he has ever thought he might get a taste of his own medicine. Say, a nice civil suit in a jurisdiction a few states away…..Nah, no one would do that to a doddering old fool. 🙂
EVERYTHING… the moron claims in his dumbass lawsuit, is exactly what the idiot has been doing himself to innocent people. BERNATH..file a lawsuit against yourself.
As for the post about his shrink..sending the VA a letter along with the videos of the idiot walking unaided, riding a bicycle with a sidearm just might get AGENT ORANGE DISABILITY BENEFITS SHUT DOWN and I am hoping they make him reimburse the money he received.
Next years court hearing should finally put the moron to rest with a giant award for damages.
Hadn’t won a case and I don’t think he will win this on either…
Well let’s see… HE HAS claimed to be 100% disabled and has had plenty of pics taken of him using crutches to get around yet he had NO PROBLEM exiting a courtroom sans crutches when a REAL USN CPO was nearby AND he had no trouble prancing around barefoot and riding a bicycle when he was visited by another REAL USN CPO that he has harassed.
MCPO,
If someone is really gumming up the works why not ask Jonn to remove the posts or send him an EMail?
The Above comment was posted twice and in the wrong area:
\Break/
Bernath claiming disability and actually getting paid for it is a different matter.
He’s been in the disabilty game for decades, there is no doubt he has his ducks in line as far as documentation for whatever percentage he is getting.
Can someone please tell me what the hell is ” ALS Medical Advisors to Southern Command” And what the hell is he smoking (besides someone pole).
Bernath has a sort of fantastic imagination like the main character in Robert W. Chambers’ “The Repairer of Reputations”. In his mind the ALS might stand for “American League Soccer”, the most popular sport in the USA. I presume their medical advisors are sports medicine professionals who check out all applicants to see if they are healthy enough to play and evaluates injured players. Southern Command is the division of the ALS that represents Mexico, Central America, South America and the Caribbean. It’s as good a guess as any – he seems to be as paranoid as a farm turkey in November.
It’s a reference to Jonn’s condition. He suffers from ALS otherwise known as “Lou Gerhig’s” disease. Bernath and the rest of the DRC mention it often because it helps them to sleep imagining that a much diminished Jonn can’t still kick their collective asses*.
*blindfolded and using only his left hand.
Can the defendants counter sue for court costs, harassment, libel, slander, etc, thereby enriching themselves with more Bernuts Bucks?
Shhsshhh, things are in the works, and proceeding slowly and carefully.
Very carefully!
*Making popcorn and nachos*
When berate dies do you have to get his death certificate to dismiss the rest of his cases?
Bernath*
You were close enough the first time, Lily. If you had ever attempted a phone conversation with him, you would know. He will berate you for not waiting for him to stop speaking, and for not saying “Over” when you are done speaking.
MCPO: OVER
DAB: No, I talk then I say OVER. Then you talk and you say OVER.
MCPO What?
DAB: NO, you say OVER.
MCPO: OVER
DAB: NO.
MCPO: You did not say OVER. OVER.
Truth is always stranger then fiction. One of us on here could make a killing writing a script and selling it to Hollywood for a movie
Hell, Bernath has accused at least thirteen other Men of being me. In some instances he as used more than one at the same time! He showed his open-mindedness about Judeaism on more than one thread in his comments, especially when he trolled me on Disqus calling me things like “Jooooo boy”, what a fercoct goniff of a SHMENDRIK, he can GEY STRASHE DI GENS!
Script is done.
The final 2 chapters will have to wait, still waiting on “rest of the story”.
(((OVER)))
A quick comment regarding a comment a commentor’ made above:
A commentor here has for some reason has taken onboard (personally), proclaimed to be (several things), assembled forces (of questionable character), fired up a torch (figuratively speaking) and essentially without having any skin in this game … started a fight of unhelpful distraction with DAB.
This person is not known to us and yet is all to familiarly here … adorn with disjointed unreasonable ramblings of uncertain purpose and intent.
So my message is to this person: “Go away, you have NO IDEA what you are doing, your behavior and actions are not helpful, for the most part the people involved here neither requested nor do we want your involvement. Finally, take my words literally … GO AWAY!”
MCPO,
If someone is really gumming up the works why not ask Jonn to remove the posts or send him an EMail?
We all know who it is!
I just wanted to put it on record as a Genuine and Most Honorable Master Chief Petty Officer who is the sworn protector of John Sheppard and Honorary Chief Petty Officer Eberhart, this issue is larger than any one person.
http://goatlocker.org/resources/cpo/eberhart.htm
https://navy.togetherweserved.com/usn/servlet/tws.webapp.WebApp?cmd=ShadowBoxProfile&type=Person&ID=46041
Honorary AOC(AW/SW) Eberhart died shortly after his pinning ceremony in 2008.
Who claimed to be an Honorary CPO in 2008?
There was only one … Honorary AOC (AW/SW) Eberhart, USN … PERIOD!
This is the issue!
Count XV he admits to being “mental disabled”. Probably the only thing true in the entire package.
In case anyone cares, the entire order is found here:
https://cases.justia.com/federal/district-courts/florida/flmdce/2:2016cv00596/326884/76/0.pdf?ts=1477385157
The judge “broke it off in his ass”, as my father would say.
Danni-boi will never learn that he’s a washed up, lying, fraudulent, deadbeat Dad that is recently disbarred as a lawer and has no life.
FUCK. YOU. DANIEL A. BERNATH
Basically the Judge told him ” I smell what you are cooking, and you keep your shit up the foot of justice is going to kick you so hard you’;; be wearing your ass for a hat”
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So, November 4th 2016 came and went.
Any word on whether Bernath refiled?