A mere 4 hours after the Government filed their latest brief, Don Kilmer filed the plaintiffs Opposition to the Defendants MTD.
Shame that RECAP appears to be messed up at the moment. As Don's Opposition to the Defendants MTD was really good. We should have been seeing Docket item #50: (http://www.archive.org/download/gov.uscourts.caed.215824/gov.uscourts.caed.215824.50.pdf) by now. But the
docket wasn't updated nor was the pdf properly placed in the archive.
Indeed, my reading of that brief showed that Don called them on every thing I was inwardly screaming at them!
An observation, if I may. The recent ruling in
Rehlander (1st CCA) should be of some small benefit, unless I have misread what the court said.