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Dismissal clears OpenMPE lawsuit's hurdles

A ruling from the 407th District Court of Bexar County, Texas has dismissed the claims against OpenMPE in a lawsuit filed by its former treasurer.

Chairman Jack Connor forwarded a document signed by the judge in the matter which granted a summary judgement to dismiss all claims in the lawsuit filed in November, 2010 by Matthew Perdue. Connor said that the board of directors of the group -- still on the hunt for $50,000 in contributions -- has decided "it does not feel it is prudent to comment further than provide what is available as a matter of public record."

Perdue, who filed his own suit and represented himself at an April 19 hearing, was given an extra three weeks to amend his lawsuit "to asset a cognizable cause of action" against the defendants. The extra time did not impress the judge, by a reading of last week's ruling.

"Plaintiff's First Amended Petition is sticken and dismissed in its entirety," the judge ruled, "because Plaintiff failed to assert a cognizable cause of action in [his] petition."

A counterclaim, Cause Number 2010-CI-19607, against Perdue filed by the OpenMPE board and its vice-chairman Keith Wadsworth, remains pending, "and none of the above orders dispose of [those] defendants' counterclaim."