RaulVB
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Thu Dec-16-04 03:58 PM
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To the lawyers in the house: |
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What can Arnebeck do now, after his law suit was dismissed?
What is the strategy here, if any, behind it?
Thanks!
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Blue_In_AK
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Thu Dec-16-04 04:00 PM
Response to Original message |
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"Without prejudice" means that the lawsuit can be refiled. Correct the technicalities and try again. (I'm not a lawyer, but have been a legal sec/paralegal for most of my life)
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RaulVB
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Thu Dec-16-04 04:07 PM
Response to Reply #1 |
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The judge viewing the case is named Moyer, a Republican.
Would he be the judge when the lawsuit is refiled?
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Xipe Totec
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Thu Dec-16-04 04:09 PM
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5. That's the general idea behind forcing the split |
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since the second part of the suit challenges Moyer's election, he would have to recuse himself from hearing the Bush case. He does not want to do that...
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RaulVB
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Thu Dec-16-04 04:10 PM
Response to Reply #5 |
Left Brain
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Thu Dec-16-04 04:15 PM
Response to Reply #5 |
12. XT and pointsoflight, I'm confused |
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Edited on Thu Dec-16-04 04:17 PM by Left Brain
Will Moyer review the case or no? I'm reading one of you saying no and one of you saying yes. I apologize for not tracking straight.
Edited to say never mind, I got my answer below.
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pointsoflight
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Thu Dec-16-04 04:10 PM
Response to Reply #2 |
6. Yes, Moyer would now take the presidential case. |
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If a lawsuit was submitted for the election of the chief justice, he'd have to pass that one on, since he was one of the contestants in that election.
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grumpy old fart
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Thu Dec-16-04 04:08 PM
Response to Original message |
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Edited on Thu Dec-16-04 04:10 PM by grumpy old fart
Should be able to cut 'n paste and refile almost immediately. Moyer will have the presidential case, and another justice will have the OSC chief justice case, if that part is refiled also. Though our strategy seems to have been an attempt to get Moyer off the presidential case.
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pointsoflight
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Thu Dec-16-04 04:09 PM
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4. Refile. Just a quick cut and paste, he could have it in tommorrow. |
Woo
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Thu Dec-16-04 04:12 PM
Response to Reply #4 |
8. POsted this in the other thread... |
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But isn't the clock up? You have to file a contest of election within 15 days of certification -- that's tomorrow folks... we're sunk if they don't get it in tomorrow.
Is this correct -- someone check me please... we're on a clock, I think
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femme.democratique
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Thu Dec-16-04 04:13 PM
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9. Would that be 15 business days? |
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Or does the Supreme Court not respect Gods day of rest? *snicker*
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Blue_In_AK
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Thu Dec-16-04 04:17 PM
Response to Reply #9 |
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I don't know about Ohio, but here you only exclude weekends if the time is less than 5 days. Otherwise, it's a straight 10, 15 or whatever.
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RaulVB
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Thu Dec-16-04 04:13 PM
Response to Reply #8 |
New Earth
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Thu Dec-16-04 04:14 PM
Response to Reply #8 |
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it was certified on the 6th, right? it's only the 16th. tomorrow is the 17th.
15 days from the 6th would be......the 21st.
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Woo
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Thu Dec-16-04 04:17 PM
Response to Reply #11 |
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In the other thread said they're pretty sure they can refile by tomorrow -- but proceed with caution -- we don't know what's going on behind the scenes -- We'll see -- A LOT of things can and will happen in the next 24 hours -- I'm slightly spooked about them having so little time -
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Firespirit
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Thu Dec-16-04 04:18 PM
Response to Reply #11 |
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I believe it IS 15 days... I recall reading that elsewhere. And it was certified on the 6th all right.. last possible day.
Bite it Blackwell!! There's a downside to running out the clock!
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Woo
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Thu Dec-16-04 04:23 PM
Response to Reply #15 |
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They could have told them this three days ago --they knew this the minute they filed it, they didn't even look at the damn thing -- they just sat on it until today -- hopefully folks are right when they say Arnebeck was prepared for this...
The bastards -- and you better believe Blackwell's interpretation of 15 days includes 'the lord's day' --
Sheeeesh.
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