Wednesday, October 12, 2016

Nutt'en Yet

SkunK

5 comments:

nobody123789 said...

We have been in communication with the Clerk of the Federal Circuit Court. This may be helpful in your quest for information on the appeal:
GS CleanTech Corp./Case Number 16-2231 was filed Sometime after October 1, 2015, and "deactivated" on June 6, 21, 2016.

It appears that the final decree was issued early in September. Is that correct? If so this is worrisome as of this date: "Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree."

Anonymous said...

Very concerning, but you have to assume that CC and Kevy were aware of the deadlines and if in fact they plan on appealing, they will get'r dun.

Or maybe they have a settlement ironed out to avoid an appeal... Kevy gets paid, attorney's get paid, ICM, et Al. reduce their legal costs and risk so this may all be in the works.

nobody123789 said...

If you are right they would still file in the allotted time or lose the leverage of the appeal.

nobody123789 said...

Based on the Federal Circuit rules it appears that GERS has 30 days from September 15, 2016 to file the appeal.
http://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/MASTERFederalCircuitRulesOfPractice-9.21.16.pdf

Troubling?
"In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice
of appeal required by
Rule 3
must be filed with the district clerk within 30 days
after
entry of the judgment or order appealed from."

nobody123789 said...

We know that GERS filed an appeal with the Federal Circuit Court sometime after October 1, 2015 and that it was "deactivated" on June 21, 2016. We also know that when "reactivated" the appeal will carry the same case number (16-2231), unless the court orders otherwise. So, perhaps the "deactivated" filing is in fact the one that will be resurrected sometime in the future and thus they have already satisfied the 30 day filing requirement? It would be important to know more about appeal "deactivation" with the Federal Circuit, but we can find little on this subject despite extensive searching.

 
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