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Old March 28, 2014, 01:18 AM   #261
Librarian
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Join Date: June 4, 2007
Location: Concord, CA
Posts: 132
The order was, in relevant part,
Quote:
Each party is each directed to file a response of no more than 6,000 words
addressing the pending motions to intervene filed with this Court on February 27,
2014.
...
The responses shall be filed within 21 days of this order
Quote:
Couple of things. First, although the parties were directed to file responses to the intervention motions by a specified date, that order was directory, not mandatory, i.e., setting a filing deadline for filing. So Gore did not have to file anything, and there is no penalty because he "failed" to do so.
Can't speak to 'penalty', but I would like to read your distinction between 'directory' and 'mandatory' related to an order issued by 9th Circuit, especially discussing the Court's use of "shall" in the 21 days sentence.
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