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November 17, 2011, 07:44 PM | #151 |
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Isn't the 7ths reversal and order to issue an injunction also part of the record?
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November 18, 2011, 02:20 PM | #152 |
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Yes it is. But you also saw how Chicago spun that mandate.
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November 18, 2011, 05:13 PM | #153 |
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How long does Judge Kendall get to string this out? It seems obvious to me that she has no problem with letting the proceedings go on for as long as the City cares to go. At some point, does Gura get to demand that the Court get on the ball?
Maybe I'm seeing this wrong, but it strikes me that the judge is entirely on the side of Chicago, but knows that there's not a legal leg to stand on. So, she's willing to just let the case carry on forever, effectively keeping the ordinances in effect as if there had been no challenge at all.
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November 18, 2011, 05:32 PM | #154 |
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Doesn't the fact that the 7th determined there was irreparable harm turn up the heat on this matter?
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November 18, 2011, 08:47 PM | #155 | |
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Both Judge Kendall and Chicago are relying upon the technicality that the Firing Range Ban has been dropped from the law.
Judge Kendall knows that the mandate from the 7th puts her on notice. That's why she dismissed Chicago's MTD for mootness. She knows that the current ordinances are a virtual ban, but she wants the suit to play out. Chicago, on the other hand, has played a very stupid hand by responding to the complaint as if there is no record before the court. I suspect the Plaintiffs can play this in one of several different ways. None of which bode well for Chicago. All of which will force Judge Kendall's hand. Look at what she is up against: Quote:
Considering the onerous requirements, it will be a cakewalk. Comparatively speaking. |
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April 2, 2012, 07:51 PM | #156 | |
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Looks like Ezell has awakened!
Quote:
#136 is the plaintiffs playing tit-for-tat, Chicago style, in compelling the depositions for all 50 aldermen who had any part in or voted for the new revised ordnances. #138 is simply telling the appeals court what the heck is going on, at the district court, by supplementing the record (perhaps for later use at appeals?). This bit of activity would appear to be aimed at forcing Judge Kendall's hand. |
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April 2, 2012, 07:58 PM | #157 |
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I actually like #136. Those depositions would become a treasure trove of comedy to adorn this forum for years.
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April 28, 2012, 09:28 PM | #158 | |
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Here are the filings in this game of tit-for-tat. Please read them carefully.
Quote:
So notice that 3-26 entry (Doc #138)? The transmittal of a supplemental record? That was not Gura, as I had previously supposed. This action was taken by the Chief Clerk of the District Court. He does not act on his own. I strongly suspect that someone at the 7th ordered this, because of the nature of what was sent: The transcript of the open court proceedings of Oct. 26th. The result of that hearing, was the denial of the injunction mandated by the Circuit. Then on Apr. 16th, we have Doc #144, an EXECUTIVE COMMITTEE ORDER, assigning the discovery dispute to a magistrate. This suggests to me that someone in a much higher pay grade, has just slapped the hands of Judge Kendall. Her bias is evident, at least to me. It will be telling if this case does not go back to her. |
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April 28, 2012, 10:42 PM | #159 |
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The City looks (depending on your view) either grossly incompetent or like they have no basis to defend the law... No science.. nothing..
#136 was laughable... I loved reading it..
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April 29, 2012, 03:54 AM | #160 | |
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Quote:
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April 29, 2012, 11:18 AM | #161 | |
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Definition taken from IN RE: Michael PALMISANO (1995) (http://caselaw.findlaw.com/us-7th-circuit/1463787.html)
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April 29, 2012, 08:16 PM | #162 |
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Thanks, Al. I just wasn't into trying to find it at 5:00 a.m. this morning (long story).
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June 12, 2012, 10:15 PM | #163 | |
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Quote:
Docket: http://ia600507.us.archive.org/1/ite...75.docket.html |
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June 13, 2012, 03:59 PM | #164 |
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August 16, 2012, 12:47 PM | #165 | |
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Next: Status hearing Oct 9, 2012.
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August 16, 2012, 04:20 PM | #166 |
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Draaaaaaaaaggggg it out, and how many people are getting victimized while the wheels of justice grind so slowly, deliberately, by this judge who thinks the city of Chicago knows better than the Circuit Court?
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November 15, 2012, 11:04 AM | #167 | |
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The latest docket entries:
Quote:
I can hardly wait to see Alan Gura's response. When we talk about delays, how can Chicago, with a straight face, complain about the plaintiffs! They (Chicago) have done everything they can to string this out. When we talk about the nature of the interrogatories, Chicago asked questions that were not even close to being on point, and the Magistrate allowed it, despite the plaintiffs objections. I expect this Judge to bow to Chicago's demands, even as the court has done in the past. Gura is building another set of circumstances with which to appeal. |
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December 10, 2012, 09:28 PM | #168 | |
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Here is the latest movement in the Ezell case. MDSHooters member jrosenberger gets credit for updating the docket... Certain files were RECAPed as necessary for this report.
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Doc 194.5, Proposed 2nd Amended Complaint: http://www.archive.org/download/gov....6475.194.5.pdf |
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December 11, 2012, 08:40 AM | #169 |
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I have to ask why we're still here with this case? This judge has showed she will side with Chicago at every turn, so it would seem prudent to go over her head........
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December 11, 2012, 09:20 AM | #170 | |
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Quote:
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December 11, 2012, 01:53 PM | #171 |
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December 11, 2012, 02:10 PM | #172 |
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Struck down and it seems from what I have read a injunction!!!!! Now the real question remains as to what kind of crazy law they now draft...
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December 11, 2012, 02:17 PM | #173 |
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This is great news! I've been reading important Posner opinions as part of law school for quite a while now. I thought the majority opinion was very good reading.
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December 11, 2012, 02:19 PM | #174 |
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I think Moore changes Ezell...
Chicago has been handed a loss with Moore, but now there will be trickle down as the lower courts are forced to follow CA7's ruling, and Chicago will be handed one defeat after another. |
December 11, 2012, 02:45 PM | #175 | |
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alan gura , chicago , ezell v. chicago , rkba , saf , second amendment |
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