GATAComm@aol.com schrieb:
> By Reginald H. Howe
> www.GoldenSextant.com
> March 9, 2001
>
> Because there is some confusion over what is scheduled to happen in
> U.S. District Court in Boston on March 15, and also because all
> parties to the case have filed a joint motion with the court to
> establish a slightly modified schedule, I am providing this status
> report, which also should help to reduce somewhat my e-mail traffic.
>
> The normal rules of procedure in federal district courts require a
> defendant to file a written response to a complaint within a certain
> time, which may vary depending on the type of defendant (e.g.,
> domestic, foreign, government) and the manner of service.
>
> Generally speaking, these responses may be of two types: 1) an answer
> to the complaint, addressing by numbered paragraph each of its
> allegations, and raising any other defenses or counterclaims; or 2) a
> motion to dismiss, raising legal defenses that would prevent the
> court from granting any relief, even assuming that the factual
> allegations of the complaint are true.
>
> Defendants who file motions to dismiss are not required to file
> answers until after their motions to dismiss are heard and
> determined. A motion to dismiss must be accompanied at the time of
> filing by a brief supporting the motion and citing the legal
> authorities therefore. When a motion to dismiss is filed, the
> plaintiff is allowed time to file an opposition statement containing
> reasons why the motion should not be allowed, why the defendant
> should be required to answer, and why the the case should be allowed
> to proceed.
>
> It is quite normal for defendants in complex cases to request
> extensions of time to respond, and just as normal for plaintiffs to
> assent to these requests. This week all parties in my case, including
> me, filed a joint motion with the court requesting that the various
> defendants be allowed until the following dates to file their
> responses: March 15 for the Secretary of the Treasury; March 30 for
> all other defendants except William J. McDonough; and April 10 for
> Mr. McDonough. In addition, the joint motion requests that the
> plaintiff be allowed until April 30 to file his oppositions to any
> motions to dismiss or to other defensive motions filed by the
> defendants pursuant to the agreed schedule.
>
> It is my expectation based on discussions with the attorneys for the
> various defendants that all of them are planning to file motions to
> dismiss.
>
> Typically, after the filing of motions to dismiss and the oppositions
> thereto, the court will set a hearing date for oral argument on the
> motions. At the hearing, the court may rule on the motions, or parts
> thereof, from the bench, but normally, especially in a complex case,
> the court will take the motions under advisement and issue a written
> ruling and opinion later.
>
> Courts control their own schedules, which are affected by many
> different considerations, so it is not possible to predict with much
> precision likely dates for a hearing or a ruling. However, I will
> continue to post periodic status reports as appropriate, and I am
> working on arrangements to make available online all significant
> court filings.
>
> In any event, my own oppositions will be posted at
> www.GoldenSextant.com, as will notice of any important court hearings.
>
> -END-



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