They were referencing the Masciandaro CA4 dissent from Judge Neimeyer.
Ah, got it...was just reviewing on here and had not had the time to read the PDF. Thanks!
They were referencing the Masciandaro CA4 dissent from Judge Neimeyer.
The 3 Attachments are apparently the Amici briefs in Moore & Sheppard.33 1 Exhibit Illinois Brief, Moore v. Madigan (7th Cir.)
33 2 Exhibit Chicago Brief
33 3 Exhibit Brady Center Brief
Local Rule 7(e) provides:
A memorandum of points and authorities in support of or in opposition to a motion shall not exceed 45 pages and a reply memorandum shall not exceed 25 pages, without prior approval of the court. Documents that fail to comply with this provision shall not be filed by the Clerk....
...Notwithstanding Rule 7(e), and the scheduling order, the District today filed three (3) additional briefs, containing one hundred and forty two (142) pages of appellate argument in support of its position—attached to an unauthorized eight page memorandum. The briefs are from the cases Moore v. Madigan, 7 Cir. No. 12-1269 and Shepard v. Madigan, th 7th Cir. No. 12-1788, which are set to be heard together on June 8, 2012. Oddly, the District of Columbia did not submit its own amicus brief filed in that case.
...this is not the submission of supplemental authority.
This is an unauthorized decision to dump four briefs, consisting of one hundred and fifty pages, into the record in disregard of the rules and scheduling order.
New filings as of this am. Anyone with pacer care to expand the archive?
PACER Docket said:07/23/2012 MOTION SCHEDULING NOTICE as to 6 MOTION for Summary Judgment ; 5 MOTION for Summary Judgment, 34 MOTION to Strike 33 Supplemental Memorandum,. Motion Hearing set for 8/27/2012 10:00 AM in a courtroom to be determined at a later date before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/23/2012)
07/25/2012 RESCHEDULING NOTICE TIME CHANGE ONLY re: 6 MOTION for Summary Judgment, 5 MOTION for Summary Judgment, 34 MOTION to Strike 33 Supplemental Memorandum. Motion Hearing remains set for 8/27/2012 and the time is changed to 03:30 PM before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/25/2012)
Just logged in to PACER and refreshed the docket listing. RECAP says it has been uploaded, but the archive does not show it yet. Latest two lines added in the quote below.
New judge since then.Another round of oral arguments? Weren't they already done 2 years ago?
08/16/2012 MOTION RESCHEDULING NOTICE as to 6[RECAP] MOTION for Summary Judgment, 5[RECAP] MOTION for Summary Judgment, 34[RECAP] MOTION to Strike 33[RECAP] Supplemental Memorandum. Due to a change in the Court's calendar the Motion Argument set 8/27/2012 is reset for 8/29/2012 10:00 AM before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 08/16/2012)
08/20/2012 TEXT SCHEDULING NOTICE CANCELLING ORAL ARGUMENT for 6[RECAP] MOTION for Summary Judgment, 5[RECAP] MOTION for Summary Judgment, 34[RECAP] MOTION to Strike 33[RECAP] Supplemental Memorandum. Motion Argument set for 8/29/2012 before Judge Frederick J. Scullin Jr. is adjourned without date due to a conflict in the Court's calendar. Counsel will be notified when future dates become available. The motion remains on submit. (Scullin, Frederick) (Entered: 08/20/2012)
"Calendar conflict" meaning a phone call from certain anti gun people telling him he'd better not take/rule on that case or else...
Did not happen.
We've already had the chief justice of SCOTUS step in to have this case re-assigned when it dragged on for too long. What happens when it continues to drag on for too long? Let's remember this case was filed 3 years ago, and still hasn't been decided in district court.
Don't forget that this was reassigned to an upstate ny judge on senior status.the delay has been shameful. But delays like this are not uncommon in DCT in DC. In any event, I cannot believe that this delay was caused by some backroom ex parte instruction from on high to this Art. III judge. There is no "on high" to a federal judge under the constitution -- his job is secure for life for good behavior. That would be so far outside the bounds that a judge would have to resign if it ever came to light and sanctions could be sought as to those who tried it. And this is DC where you can never be sure that something won't get out.
Don't forget that this was reassigned to an upstate ny judge on senior status.
I checked the docket this am. filings @ 0630. checked pacer and not uploaded yet. if someone else gets there first let's have an update.
http://ia700408.us.archive.org/2/items/gov.uscourts.dcd.137887/I just looked. The latest filings are the ones I posted above, in Post 109 on 8/20.
The Docket is having issues being updated from PACER/RECAP unfortunately.
http://ia700408.us.archive.org/2/items/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.docket.html
08/30/2012 MOTION RESCHEDULING NOTICE as to 6[RECAP] MOTION for Summary Judgment, 5[RECAP] MOTION for Summary Judgment, 34[RECAP] MOTION to Strike 33[RECAP] Supplemental Memorandum. Motion Argument reset for 10/1/2012 10:30 AM before Judge Frederick J. Scullin Jr. at the US Courthouse in Washington, DC. Courtroom location to be announced at a later date. (Scullin, Frederick) (Entered: 08/30/2012)