Thursday, July 28, 2011

Judge Hurley Strikes World's Worst Errata Sheet (About Anthrax).



We previously discussed the ridiculous "errata" sheet filed by the Justice Department in the wrongful death suit arising from the feds' decade-long anthrax investigation.

Well, Judge Hurley this week noticed that there was nothing "errata" about the proposed changes to the sworn testimony, and that something called "good cause" would be needed to amend or revise asserted "facts" of this magnitude:
While deposition transcripts are occasionally accompanied by “errata” sheets intended for the correction of stenographic errors in interpretation, there is no authority under the Federal Rules of Civil Procedure or local rules of this court allowing for unsolicited submission of “errata” sheets purporting to correct editorial errors in legal briefing. The court is thus not inclined to accept the defendant’s invitation to red-line its earlier submitted papers in the manner suggested. See generally Norelus v Denny’s, Inc., 628 F.3d 1270 (11th Cir. 2010).

If there are substantive errors of material fact in the earlier filed papers that the government wishes to withdraw or correct at this juncture, the appropriate mechanism for bringing this to the attention of the court is by motion seeking permission to file an amended motion or supporting statement, supported by good cause shown. While this order is without prejudice for the defendant to file such a motion, counsel is advised that merely finding a different, better or more detailed way to express a thought does not constitute “good cause” shown for the submission of amended pleadings or motions before this court.
 I'll leave it up to the reader to decide whether the Gov's subsequent filing meets Judge Hurley's standard.

(Wait a second -- I just found a better way to express that thought, time for another "errata" post!)

1 comment:

  1. Spill the beans on Judge Jordan.

    ReplyDelete