Earlier this week District Court Judge Liam O’Grady denied Megaupload’s request to drop the company from the indictment. The judge, however, noted that the cyberlocker could ask for a temporary dismissal until it is decided whether the U.S. Government can serve Megaupload. This ruling surprised Kim Dotcom and his legal team, who quickly filed a new motion pointing out that they already made this request during a hearing in July.On Tuesday, Megaupload’s request to have the criminal charges against it dropped on the grounds that the U.S. Government failed to serve the company, was denied.District Court Judge Liam O’Grady believes that the authorities could still satisfy the serving requirement if they can prove that Megaupload is an alter ego of Kim Dotcom.While the motion to dismiss the case for lack of jurisdiction was denied, the judge’s order did leave an option open to dismiss the case temporarily, until Megaupload is properly served.This suggestion baffled Dotcom and his lawyers, who expressly requested such a temporary dismissal during a hearing in July.Megaupload’s legal team jumped on the issue and a day later they have filed a renewed request to dismiss the indictment, pointing out the apparent mistake made by Judge O’Grady.“Megaupload respectfully submits that at oral argument on the motion to dismiss it requested, as an alternative remedy, dismissal without prejudice pending extradition,” they write.In the supporting memorandum of law Megaupload’s lawyers quote directly from the transcript of the July hearing, where they suggested a temporary
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