Monday, August 22, 2011

Judge Seitz Thinks Lawyers Should Do Their Job!


 What a kvetch, always with the teaching, the instruction, the high aspirations.

Now the Court wants us to do our job, can you imagine?
After carefully reviewing the Complaint and the Amended Motion for Final Default Judgment, the Court still cannot ascertain on what lawsuits MCC seeks a declaration. MCC has not identified the homeowners' claims for which it seeks a declaration in either the Complaint or the Amended Motion for Final Default Judgment, and MCC did not identify the paragraphs in the four class action complaints that are pertinent to this lawsuit. Including exhibits, the four complaints total 1252 pages. There are thousands of allegations and hundreds of parties in these four class actions, and most have nothing to do with the declaration that MCC seeks. This is the very problem for which shotgun pleadings are criticized.

The Court can either sift through hundreds of pages and decide for itself which allegations are material to this cause or simply deny the motion. Because the Court relies on counsel seeking requested relief do their job and focus the Court on the relevant facts, the Court will deny the motion.
 Second amended motion for final default judgment, anyone?

Third time's the charm!

(Better get it right this time.)

4 comments:

  1. You blew the photo. Should have went with Crumb Genesis.

    ReplyDelete
  2. She's supposed to rule the right way whether counsel does a good job or not!!

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  3. This won't have effect in fact, that's exactly what I believe.

    ReplyDelete