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Old August 6, 2011, 10:36 PM   #35
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,537
Here's bit of a timeline to consider.

In Moore, the MPI was made on July 7th. On 7/25, the defendants moved for an uncontested 2 day extension to file their response to the amended complaint and the MPI. On 7/27, the defendants filed their response to the complaint as a MTD. They also filed their opposition to the plaintiffs MPI. The Court on 7/27, via a text entry, ordered an oral hearing for the MPI on 8/04. Thirty days from the motion for the MPI, and the hearing was scheduled and held.

In Shepard, the MPI was made on 7/08. At the same time, plaintiffs made a motion for an oral hearing on the MPI. On 7/22, all responses and objections have been filed by the Defendants. As it now stands, the Court has yet to rule on the motion for a Hearing on the plaintiffs MPI.

Friday the 5th, was 30 days since the MPI was made. While it's certain the court will set a hearing date, I'm not holding my breath, as to when.

Why the delay? From appearances, One Judge is taking the 7th Circuits "irreparable harm" standard (as announced in Exell) serious, while the other... Not so much.
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