As we know, the State of Illinois has tried to get the Moore
cases, consolidated (the NRA, in Shepard,
just wanted the orals to be combined, which was granted). The State even asked for an extension in time (60 days) to file, based upon having to answer two nearly identical cases... Last Thursday, the Circuit Court answered the State:
04/26/2012 17 Order re: Motions to consolidate and extend time. The motions to consolidate are DENIED. Appellees do not need a formal order of consolidation in order to file one brief addressing two appeals. They may file one brief, or two, at their option. The motions for an extension of time is GRANTED, but only until May 9, 2012 (in both appeals). This should allow enough time to prepare a single brief covering the two cases. Appellees previously told the court that the two suits are functionally identical. There is accordingly no need for time beyond the 30-day extension already granted, and this one-week increment. The court’s last regular sitting of the current term is June 8, 2012. If the court were to delay the appellees’ briefs until June 1 or June 11 (the alternate dates appellees propose), that would postpone oral argument until next September, an unnecessary delay. Appellees must file their brief (or briefs) in both cases by May 9, and appellants their reply briefs by May 23. That will permit oral argument the last week of May or the first full week of June. [6391924-3]  [6391924-2]  JKL  [12-1269, 12-1788] (AM)
The 7th is not going to play the stalling game with the State. We will have orals in both Shepard
in the first week of June, at the latest.