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Brian,
These are the judges who got burned by counsel in Nordyke and wanted to use that case to make this statement. I suspect they just took the first chance they could. The 9th has carefully stacked a series of cases and denied requests to consolidate, stay and expedite all to preserve an order of rulings IMHO, probably designed by Kozinski, that I think will lead to a string of mixed decisions ultimately resulting in a framework that looks like Woollard. The briefing, argument and trial schedules over the next six months have each of the cases evenly parsed out, and like I said I think this is just the first brick.
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