Thursday, August 15, 2019

Scheduling Conflict

See Here

SkunK

3 comments:

Anonymous said...

So does this mean that oral arguments will be delayed or is this just a request? It seems pretty lame to me that an attorney can request a delay in a MDL appeals case that has been ongoing for years to prepare for a pre-trial conference. There is no other attorney at their office that can handle the pre-trial work?

There’s got to be 40 lawyers on the defendants side, do they ALL have to be available for the oral arguments? If one of the has to be in court to represent his mother on a speeding ticket does our case goes on hold? Doesn’t seem right to me.

This thing may never end!

Slashnuts said...

Thanks SkunK!

Defendants File Notice Of Conflict Over 4 months late...

The deadline to file a notice of scheduling conflicts for oral arguments was 04/09/19.

Quote:

04/02/2019
122
Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The notice of conflict with oral argument is due on or before 04/09/2019. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [597090] [JAL] [Entered: 04/02/2019 10:04 AM]



On 4/8/19, defendant's attorney, John Weyrauch, submitted to The Court there were no scheduling conflicts (none).

Quote:

04/08/2019
130
Notice from Appellees ICM, Inc., Big River Resources Galva, LLC, Big River Resources West Burlington, LLC, Cardinal Ethanol, LLC, Flottweg Separation Technology, Inc., Lincolnland Agri-Energy, LLC, Little Sioux Corn Processors, LLLP, Pacific Ethanol Magic Valley LLC, Southwest Iowa Renewable Energy, LLC, David J. Vander Griend and Western New York Energy, LLC regarding conflicts with oral argument. None. Service: 04/08/2019 by email. [598396] [16-2231] [John Weyrauch] [Entered: 04/08/2019 11:11 AM]



Over 4 months after the deadline, and after telling The court there were no scheduling conflicts, John Weyrauch say's he's gotta be in Oregon for another case he's losing.

Quote:

I, John Weyrauch, am lead council for defendant Rockler Companies..The Court recently denied defendant's motion for summary judgement...

Slashnuts said...

Oral Arguments Set For Calendaring?

There appears to be a piece of news in defendants belated, post deadline, filing.

Quote:

Which has created a conflict for me with this Court's October and November calendar dates for oral argument.



The Court's October and November calendar dates? Have oral arguments been "set for calendaring"? If so, this signals the end of step 4 and the beginning of step 5...

http://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/notices/Life_of_an_Appeal_Narrative_and_flowchart.pdf

It'll be interesting to see how The Court reacts to Weyrauch jerking them around.

Good Luck To All!$!$

 
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