Monday, March 29, 2010

The OTHER Motion for Reconsideration of Judge Seitz' Sanctions Order



A few of you have asked me to post the other motion for reconsideration filed on behalf of the lawyers recently sanctioned by Judge Seitz.

Pshaw I say.

I'd rather post the above video of Stevie Ray and Albert King going to town on "Stormy Monday."

Alright alright, all you chronics and cheapos who can't spare the 34 cents to download it directly from Pacer, here is the Scribd link to the aforesaid motion.

I like the tender and circumspect introduction:
Both Counsel and undersigned counsel hold this Court in the highest regard. It is precisely because of the respect Counsel and undersigned counsel have for this Honorable Court that they have chosen to file the instant motion. In light of this Court’s reputation for fairness, and strong desire to “get it right,” Counsel believe this Court will want to reconsider its Order – because neither of the two reasons for which it sanctioned Counsel are supported by the facts set forth in the record.
The Court's sanctions order focused on the "blithe" and "cavalier" way in which plaintiff's counsel -- "almost in passing" belatedly make reference to the disputed releases.

The motion for reconsideration says this is not so:
Weeks earlier, Counsel had addressed the releases in Plaintiffs’ Proposed Supplemental Complaint filed on July 10, 2009 [DE-188]. See Proposed Supplemental Complaint, ¶ 104. In fact, Count X sought reformation of the “various settlement papers” because the Plaintiffs were “mislead into signing a release.” Proposed Supplemental Complaint, ¶ 120. Moreover, the Proposed Supplemental Complaint alleged “[t]he scope of the releases were limited to the
‘Accident’ which, on the face of the documents, do not release criminal conduct.” Id., ¶
118.3
Plaintiff's counsel also take issue with their purported failure to cite relevant controlling 11th Circuit authority on Rule 60(b)(6):
The Court cited two cases in the order denying the Omnibus Motion: Rease v. AT&T Corp., 2009 WL 4897738 (11th Cir. 2009) and U.S. v. Real Property & Residence Located at Route 1, Box 111, Firetower Rd., 920 F.2d 788 (11th Cir. 1991). Counsel could not have cited Rease in the Omnibus Motion because the opinion was issued on December 21, 2009, after the Omnibus Motion and the Motion for Sanctions were fully briefed.
As to the latter Real Property case:
Thus, despite not citing Real Property (Firetower Rd.), Counsel correctly set forth the existing law in the Eleventh Circuit on Rule 60(b)(6), and expressly acknowledged the very issue upon which this Court denied the Omnibus Motion: “Normally ‘newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial,’ for which relief may be granted under Rule 60(b)(2), is not ‘any other reason’ justifying relief under clause (6) of the Rule.” Omnibus Motion at 9.
According to the docket, Judge Seitz held a hearing on the reconsideration motions on March 25.

12 comments:

  1. Why is the judge attempting to describe the perceived mental state of the lawyers?

    ReplyDelete
  2. http://www.balloon-juice.com/2010/03/29/simple-question-for-andrew-mccarthy-and-friends/March 29, 2010 at 2:18 PM

    On what to do with the Michigan Christian militia Hutaree suspects:

    Rightwing antiterror doctrine clearly states that we must strip these “terrorists” (no such thing as alleged in the war on terror) naked and hang them in cold cages by the wrists with their arms tied behind their backs so that the tendons tear and the shoulder joint dislocates. We should waterboard them until they confess and give up their co-conspirators (the Inquisition found waterboarding almost 100% effective!). Without question these people should be held without any trial or access to habeas corpus petitions until the “war” against violent fundamentalist groups is over. At the very least we should shunt these guys into military tribunals where the rules have been rigged to ensure a conviction.

    ReplyDelete
  3. Nice tone, Miguel. It's never easy to get a judge to change their mind. You should quit your day job and run for judge....oh, right. Good luck!

    ReplyDelete
  4. So, ah, Ricky came out.

    No, not Guest Blogger over at the criminal defense blog.

    Ricky Martin.

    You're so catty.

    ReplyDelete
  5. Let be friends...

    http://www.youtube.com/watch?v=6R9sP4JKdCE

    ReplyDelete
  6. Albert KIng. I discovered him seven years ago when I was walking down Hollywood Boulevard on a Sunday afternoon and bought one of his cd's for 99 cents from a street vendor. The cd was stuffed between something called K Tel and The Best of The Partridge Family. Sort of like a bar of gold shoved in an excrement sandwich. I listen to his songs at least once a month when I get depressed. The blues were never bluer.

    ReplyDelete
  7. what time? Maybe I will swing by. I would hate for it to be me, but I am sure it will be like a train wreck, you won't be able to look away.

    ReplyDelete
  8. acomplia and prozac edema [url=http://www1.chaffey.edu/news2/index.php?option=com_content&task=view&id=146&Itemid=63]acomplia overnight [/url] buy acomplia 20mg online
    http://www1.chaffey.edu/news2/index.php?option=com_content&task=view&id=146&Itemid=63

    ReplyDelete
  9. The holidays are a time ed hardy of getting together with friends ed hardy shoes and family, attending elaborate ed hardy clothing parties, and other exciting events ed hardy clothes that involves dressing up in stunning ed hardy store wardrobes. If you ed hardy Bikini are pregnant during ed hardy swimsuits the holidays, it does not ed hardy Caps mean that you are unable buy ed hardy to look fabulous and ed hardy swimwear stylish. Now, an expectant ed hardy sale mother has many styles of chic ed hardy glasses maternity clothing that allows cheap ed hardy her to show off her baby bump Christian audigier while looking spectacular.

    ReplyDelete
  10. Thіs іnсludes search enginе marκеting
    seo articleѕ for youг niche and pгofitable.



    My ωeblog: commons.codeforamerica.org

    ReplyDelete
  11. Expect that the person did lie to you a day on the site.
    Within a few days in some cases have got all the things she wants to have light skinned babies with curly hair.

    The men that I have met are not necessarily looking for sex need not applyPick me!
    Generally, it is also applicable for can i get him back?


    Look into my web blog poems to get him back

    ReplyDelete