Month: December 2018

Before we freak out about the Texas ACA ruling, I think we ought to hear from opposing counsel. Did anyone seek Rule 54(b) cert? Is it final? @maddow @lawrence @maddowblog @ap

~ Tim Hogan ~ Leave a comment

This order seems to have grown out of a motion seeking a preliminary injunction. The Court then formed it into a motion for Partial Summary Judgment but that’s the problem. Under Fed. R. Civ. P Rule 54(b) the Court needs to make a specific finding to make the case appealable and enforceable. If he had ruled under the standard for preliminary injunctions last time I looked at it that order is appealable.  But an order on one count of the Amended Complaint that does not purport to be final under the Rule 54(b) standard is not an enforceable judgment. Not yet anyway.  Plus no injunction.

Any other folks with a view I’d welcome their input.

Link to the Amended Complaint. There are four claims and though the court may have sought to enter a final judgment on all the counts it appears to me at least count four that is dealing with the regulation has still to be determined. Also the injunction was not granted.

Here is the motion that I think was the basis for the relief requested.  Application for preliminary injunction

Here is the order that appears to address the Application for preliminary injunction  as summary judgment but does not address Rule 54(b)  Texas-v-US-Partial-Summary-Judgment

Added a link to the full Texas Docket.

It looks like political grandstanding.  Pro tip to the GOP judiciary. You’re now part of a Kremlin front group. You might want to ease up on the political grandstanding. Remember, no need to prove a crime to remove a judge. Just bad acts. Just sayin.

 

 

San Diego County Congressman Duncan Hunter and wife get Govt to agree to long continuance in their campaign finance and wire fraud trial to September 10, 2019.

~ Tim Hogan ~ Leave a comment

Can’t say this isn’t normal but it did buy him time to live off the tax payers for another nine months.

20181206 Joint Motion to exclude time and extend dates

20181207 Order granting Joint Motion to exclude time and extend dates

Here is the Indictment if you want to see the scope of the charges against them.

USA Manafort’s Sentencing Submission will have part under seal. @maddow @lawrence @maddowblog @ap

~ Tim Hogan ~ Leave a comment

MINUTE ORDER granting 459 Government’s Motion for Leave to File Document Under Seal as to PAUL J. MANAFORT JR. (1). The Clerk of Court is directed to file under seal [459-1] Attachment A to the motion, the unredacted version of the government’s submission in support of its breach determination. The Clerk of Court is also directed to unseal 459 the motion itself. It is FURTHER ORDERED that the government shall file on the public docket [459-2] Attachment B to the motion, the redacted version of its submission. Signed by Judge Amy Berman Jackson on 12/7/18. (DMK) (Entered: 12/07/2018)