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Old January 23, 2013, 12:57 PM   #407
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,541
A Further Explanation

See my edit, immediately above.

11/08/2012 [10017698] Notice of appearance submitted by Robert A. Wolf; and Andrea Kershner for Appellee Charles F. Garcia for court review. Certificate of Interested Parties: No. Served on 11/08/2012. Manner of Service: ECF/NDA. --[Edited 11/08/2012 by SDS to remove pdf from entry as the pleading has been filed] [11-1149] RW

11/08/2012 Open Document [10017734] Notice of appearance filed by Ms. Andrea J. Kershner and Mr. Robert Wolf for Charles F. Garcia. CERT. OF INTERESTED PARTIES: n. Served on 11/08/2012. Manner of Service: ECF/NDA. [11-1149]
The two attorneys are (new) attorneys for the City of Denver.

The first entry was a request to certify that the two attorneys listed were the interested parties (City of Denver) new attorneys. This document was not the actual certificate but was more of a supplemental pleading.

Remembering that Denver elected not to participate in the appeal, the court clerk took a dim view of this filing and removed it. Notified of the removal, the interested parties filed the proper notice (the second entry).

Frank, or another attorney, can correct me, but this appears to be that the City of Denver was getting antsy about the long delay in the decision and tried, in an entirely inappropriate manner, to sway the court. The clerk slapped their hands. Still, they then filed a formal certificate of interested parties.

Nothing else on the docket happened until a month later (Dec. 7th), the State filed a 28J letter in regards Kachalsky. Gray filed a response (Dec. 8th) and then on Dec. 17th, Gray filed a 28J letter in regards Moore.

The State did not file a response, nor did the court recognize the City of Denver, formally.

I'm unsure what to make of this, other than Denver is distressed that a decision has not been reached and that the State could not refute how Moore could apply to this case.
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