Kolbe v O'Malley Sheduling Order

[ShallNotInfringe]

Thanks SNI.

You're welcome, but note I await corrections.

Looks like the Tardy to Kolbe change occurred in November.

Btw, I have a Pacer account. That's an expensive adventure.

 

[Al Norris]

Btw, I have a Pacer account. That's an expensive adventure.

Yes it is. Try tracking all the cases that I do, if you want to throw away money!

I've lost track of this case, and haven't placed it on my list. sigh. I'll try and remedy that situation as soon as time allows.

 

[fabsroman]

You're welcome, but note I await corrections.

Looks like the Tardy to Kolbe change occurred in November.

Btw, I have a Pacer account. That's an expensive adventure.

I had one when I was working at a firm. The firm picked up the tab and I was the go to guy for PACER stuff. Been on my own for over 12 years and have yet to have to deal with something in the federal court system. The few audits I have dealt with were resolved rather easily without any court proceedings. So, I have yet to need a PACER account for anything. Hoping I never actually need a PACER account again.

 

[Al Norris]

The docket at the Internet Archive has been updated.

http://www.archive.org/download/gov.uscourts.mdd.254564/gov.uscourts.mdd.254564.docket.html

And I've made available the Third Amended Complaint. More, later as I'm off to work, just now.

30

 

[fabsroman]

The docket at the Internet Archive has been updated.

http://www.archive.org/download/gov.uscourts.mdd.254564/gov.uscourts.mdd.254564.docket.html

And I've made available the Third Amended Complaint. More, later as I'm off to work, just now.

30

Thank you.

 

[ShallNotInfringe]

The docket at the Internet Archive has been updated.

http://www.archive.org/download/gov.uscourts.mdd.254564/gov.uscourts.mdd.254564.docket.html

And I've made available the Third Amended Complaint. More, later as I'm off to work, just now.

30

Cool. Thanks.

So we can pull docs from the site and post without any issues?

 

[fabsroman]

Cool. Thanks.

So we can pull docs from the site and post without any issues?

There is no copyright issues. These documents are available to the public. I can go to the Courthouse and ask to see the file if I want. Same goes for the Maryland Courts, but they do not scan the documents such that they are available online.

If something is protected that is filed in Court, it is usually sealed.

 

[mxrider]

Thanks for all of the updates. I spoke with Shannon Alford very briefly yesterday (MD's NRA-ILA rep), and she basically said that this is just all basically being prepared for the Supreme Court and everyone is kind of getting their ducks in a row for that. Reading over the documents that were posted were quite eye opening to me in the case. Quite an impressive argument in my eyes.

 

[abean4187]

Reading over the documents that were posted were quite eye opening to me in the case. Quite an impressive argument in my eyes.

It seems impressive until you realize that the lower court judges are most likely going to say, “Lulz, what’s 2008 Heller? We NEED this law for public safety!”

We absolutely need this case to go to the Supreme Court ASAP while we still have 5 judges so let’s hope the NRA can move quickly.

 

[fabsroman]

It seems impressive until you realize that the lower court judges are most likely going to say, “Lulz, what’s 2008 Heller? We NEED this law for public safety!”

We absolutely need this case to go to the Supreme Court ASAP while we still have 5 judges so let’s hope the NRA can move quickly.

It is not about the NRA moving quickly, but the attorneys and the Courts. If the goal was to move quickly, then the trial date in this matter would not have been moved out to unknown land. Then again, the attorneys do need time to lay the correct foundation for an appeal to the 4th Circuit and then eventually to the Supreme Court for cert.

 

[EL1227]

'Public Safety' - The NEW "It's for the children"

It seems impressive until you realize that the lower court judges are most likely going to say, “Lulz, what’s 2008 Heller? We NEED this law for public safety!”

We absolutely need this case to go to the Supreme Court ASAP while we still have 5 judges so let’s hope the NRA can move quickly.

Somehow the state's claim of 'public safety' also needs to be challenged.

I don't know whether this particular case warrants it, but we can't let such a broad and overreaching rationale trump our rights. After all, the FAS Act of 2013 did NOTHING to prevent The Mall shotgun shootings except to embolden our politicos to attempt to further usurp of our rights under the same premise of 'public safety'.

Like eminent domain and other powers that strip freedoms for the 'greater good' by our federal or state governments, where do the rights of the state stop and our individual rights begin ? It's the 'emotional argument' writ large. Even though we advised against it when testifying in Nap'Town, in this instance quoting an old dead white guy makes a hell-of-a-lot sense to me ...

 

[fabsroman]

It seems impressive until you realize that the lower court judges are most likely going to say, “Lulz, what’s 2008 Heller? We NEED this law for public safety!”

We absolutely need this case to go to the Supreme Court ASAP while we still have 5 judges so let’s hope the NRA can move quickly.

Let's keep in mind that Judge Legg ruled in our favor on Shall Issue (i.e., Woollard) and he is in this very same court. It was the 4th Circuit that ruled against us and SCOTUS that declined to hear the case.

End of the day, I'm not too worried about what the lower court decides anyway, because this is getting appealed as far as it will go.

 

[Patrick]

Thanks for the updates!!

BTW... You were asked after quite a lot yesterday.

I didn't mention the goat.

Thank you. I missed all you folks, too.

Soon things should be better.

 

[mxrider]

For those that would like to see the status of stuff, I just found this website which seems to give a good history:

http://michellawyers.com/kolbe-v-omalley/

 

[Gryphon]

Thanx MXRIDER for the free links. I checked PACER this morning. As of 9:00 the Plaintiff's had not filed their opposition to the States' Motion for Summary Judgment which would normally have been required by now. But the Court issued a scheduling order modifying the typical schedule requirements. The Plaintiff's cross motion for Summary Judgment is not due until 3/17, and the State will have until 4/11 to file its reply/opposition brief. Not much will happen here for another 6 weeks or more.

 

[ShallNotInfringe]

Thanx MXRIDER for the free links. I checked PACER this morning. As of 9:00 the Plaintiff's had not filed their opposition to the States' Motion for Summary Judgment which would normally have been required by now. But the Court issued a scheduling order modifying the typical schedule requirements. The Plaintiff's cross motion for Summary Judgment is not due until 3/17, and the State will have until 4/11 to file its reply/opposition brief. Not much will happen here for another 6 weeks or more.

It's there now. Filed on 2/14.

 

[mxrider]

I also found it interesting that they have a transcript of the deposition for Christopher Koper. How long until we get to see Patricks?

 

[Patrick]

I also found it interesting that they have a transcript of the deposition for Christopher Koper. How long until we get to see Patricks?

If I have my way...never.

I said some dumb things and showed up pretty much drunk. Hit on the court stenographer. He wasn't happy about it, either. The AG's office thinks my name is "Harley Swank" (I got that from the internet). When I looked Harley up, he appears to be some guy from the 70s who did "alt" porn. Not sure what that is, but it involved a rubber factory next to a bathhouse in San Francisco's Castro District. Also, I think he donated to O'Malley's reelection campaign. *

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In all seriousness, I have no idea when this stuff will get redacted. There is a lot of personal stuff in there. I didn't oppose any of the questions, not even the very personal ones about political activism and/or personal "stuff". It was my choice (or was it Harley?), but it might take them a while to sort through it all.


* satire aside, San Fransisco is a great town. I've always enjoyed my time there, whether for work or pleasure. I don't remember every name, but there were a few good jazz clubs there I really liked. I have always said California was a great place, if you held your breath over the politics. That said, even my alt personality Harley wouldn't donate to O'Malley.