Litigation update this week
- Thread starter jayo2k
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He is reviewing it today & tomorow to takea descision on july 12
Mr. White:
From Mr. White's statement I conclude the judge wants to make a final decision on July 12th.
To me that looks like the judge considers the case to be rather simple if she wants to close the case right on the date of hearing, 3 days before July 15th. I would say the judge thinks there was more than enough time to review the case critically.
Moreover, I think the judge has already looked at the case critically (it looks like both sides have submitted their documents already and the judge was able to take a look), probably has not found anything yet and assumes there is nothing to look at in the case.
So, the losing side will be able to appeal to the court of appeals on July 13th (expect an immediate decision because of simplicity of the case) and then hopefully to Supreme Court on July 14th (expect an immediate decision as well)
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well this case is simple, we are the ones trying to complicate it...
3 points :
Random? or Is there any rules in "random?"
Official letters
Notification
no need to go DSK like to get a conclusion
CraigToomy
Banned
No, there's no DOJ papers on file. The deadline is today @ 4pm EDT.
Does it mean that anything what is submitted by DOJ or DOS or any other defendents becomes available for viewing immediately?
There was an earlier deadline (August 21st) for defendents to respond by (before injunction request was filed). Does it mean they have not responded yet either before of after the injunction request was filed?
I can't believe all this.. Why DOS just don't do the right thing instead of going into a courtroom whom niether DOS, Mr White & the justice department want... Reinstall the 22k & draw 78k that's all... but it will push the redraw further since checking 78k will be long while the new draw might have happen allready
CraigToomy
Banned
The August 21 deadline was before motion for preliminary injunction. Now DOJ has to provide counter-arguments by COB today, White's rebuttal for this is due at 2pm Eastern on July 8th.
Yes, the documents become available immediately.
It's not even DOS, it was 1 guy that tried hard to convince DOS for a redraw & succede... Don't know what he had to gain that 1 guy... now he might be whishing they refused his hard headed request
Is that possible that the arguments on the merit were submitted even before the request for injunction was filed? And now they just have to prepare arguments against injunction?
Well, that means they have not submitted anything yet. I would think they will submit something even if the case is obvious.
It is not the question of gain. They just need to follow the law, and if the law was violated (there was no random selection as they say) they have to redraw, to follow Congressional mandate.
well, at the end of the day, it result to this complete mess, & now DOS hearing is today, Mr White hearing is tomorow & the descision is on july 12th... thTomorow we could have a hint about the outcome, but we will sure know on july 12th
The Congressional mandate does not say about May 1st deadline, that deadline was self-set by DOS. So, I would say it is incorrect to say it resulted in a mess. DOS still has time to fix the problem. And their understanding is that if they redraw by July 15th they would still be able to fulfill the mandate.
wait, are you saying that in fact, DOS acted upon themself? That mean it is not even the senate or something, just DOS itself... that mean just a small departement under DOS... more i learn, more i think something can be done on july 12
Raesky: the August 21 deadline is the date that Defendants must respond to the complaints. Refer to FRCP Rule 12.
In cases where an injunction is immediate plaintiff can serve defendant summons and complaints together with the motion for injunction.
In cases where there is a motion for an injunction, the defendant is given the opportunity to oppose the injunction. This is what is do today.
DoS can choose to provide answers to Mr. White's complaint anytime within August 21. But his answers to oppose the injunction is due July 6.
If DoS does not file an answer today then I can reasonably infer that they will enter into settlement or something else.
DOS is a part of executive branch of US government. That is how executive branch of US government works - upon themselves.
However, in this case their activities have a purpose - to fulfill Congressiona mandate. Congress consists of two chambers - the Senate and the House.
However, in this case their activities have a purpose - to fulfill Congressiona mandate. Congress consists of two chambers - the Senate and the House.
oh, now i understand more.
well, Tomorow will be Mr White's turn, & we will see, hope DOS fail today... but this has to be kind of serious if the judge ask for an "emergency" hearing
well, Tomorow will be Mr White's turn, & we will see, hope DOS fail today... but this has to be kind of serious if the judge ask for an "emergency" hearing
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