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To: Ausdauer who wrote (9724)3/17/2000 7:44:00 PM
From: Michael A. Gottesman  Read Replies (1) | Respond to of 60323
 
Aus:

As we had determined, those are the 3 motions that were to be heard today. I understood that the motions "hearings" were today although you indicated that the Court clerk advised that the "hearing dates" were to be set today.

If the hearings were heard today, the Judge could a) issue a ruling from the bench and have one of the attorneys present a proposed order, b) sign one or more of the proposed orders submitted with the motion papers, c) deny any or all of the motions, or d) reserve his opinion and issue it at a later date.

In any of these cases, it would then have to be placed on the courts docketing system which can take several days.

I just checked the court docket on-line and no new entries have been posted. I have spoken with the District Court clerk's office and they have not yet received anything from Judge Breyer. I called the Judge's deputy clerk and left a message. Hopefully, I will get an answer. She has been cooperative in the past.

Now, if the court merely set a hearing date at some future time, this means the attorney will argue the merits of their motions on the new date. This too would appear on the court docket in several days.

Hope this is of help. Basically, I hope the clerk calls me. Otherwise we have to wait.

Mike



To: Ausdauer who wrote (9724)3/17/2000 10:06:00 PM
From: Craig Freeman  Read Replies (1) | Respond to of 60323
 
Ausdauer, re: "Shouldn't we at least know at this point if the motions were carried or denied?" Uh, no.

The trial may have proceeded or it may have been delayed. If it proceeded, the judge could have heard all of the issues, some of the issues, or only one. And the judge can take as long as the Judge wants before ruling on that point or points. The Judge can also decide that more evidence is required and set a new date to hear more evidence. Or, the Judge could have decided that donuts were more important than this suit and adjourn early to visit the local Winchells.

Judges are not required to make any of this public until he/she decides to do so, if ever. For that matter, they can decide to table a suit indefinitely with no explanation whatsoever. The justice system only makes sense to the lawyers who created it. And most of them will tell you that they have yet to figure it all out either.

Craig