As a great deal of time seems to have gone by, why are they not ruling on these old pending motions, and can anything be done in regards to such a lengthy delay?
Daryl,
The American Legal system is so awash with litigation that the court will not grant priority to something they have already "dismissed" to clear the docket. Every judge is severely backed up and not a lot happens when the judge is away for extended leave or vacation. Judge Saylor is perceived as a fair but "clear the docket" judge and will always get to it in his time with hasty, but inconsistent decisions, to a large degree the failure of pathetically ill prepared "law clerks".
Look at the judges order regarding return of documents: the oral version does not match the written order from the clerk and is inconsistent with the "confidentiality order" and even now the record submitted and certified complete by the district court clerk is in fact missing the "bank statements". Now just where did the bank statements go?
It is clear that Magistrate Judge Hillman declined the Plaaintiff's case for "in camera review", which would mean the bank statements should have been released to the parties requesting them...specifically the Defendants that paid for them. But, mystically, they were "lost" until well after the dismissal (and the clerk had certified the record to be complete, including the entered "confidential" documents) at which time the clerk seems to have sent at least a copy to the Plaintiffs. If it was the only copy, and Judge Saylor signed off on the release of these docs to the Plaintiffs when they did not belong to them, then we have the Federal Government expropriating defense funds to the benefit of the Plaintiffs and worthy of yet another complaint...not to mention that since these were indeed a part of the record at the time of appeal, somehow, they just slipped between the cracks and never were sent to the appellate court as part of the record. Ain't that somethin'
Now, think of the dilemma if the bank statements are the only copy that was sent to the Plaintiffs...the clerk will have to attempt to "claw back" a copy, but then you have a "chain of custody" issue for the evidence and would have to be carefully compared with the submission by the bank in order to be admissable evidence. In other words, they would have to be re-certified by the bank officer. More delay and more cost, all because of an inconsistency and inappropriate expropriation by Plaintiffs that most probably used their "connections" to the court to "expropriate" the statements for fear that "we", the defendants, would actually see what was in those bank statements (and believe me, Plaintiff's counsel was absolutely paranoid with fright that the court had released a copy to us in October of 2008). And think of the dilemma of the Adminstative Judge that will now have to investigate just what happened here!!! It is one of the hazards of being "pro se" in that the system just hopes that no-one notices when lawyers carefully selected for their "judicial connections" pull off shennanigans and try to get away with it un-noticed...but then you have old "eagle-eye" Bob who will find the "rotten apples" in every barrel!!!
I consistently maintain that patience in these cases always pays dividends...you give them enough time to get enough rope and they will inevitably hang themselves somehow!!!
Believe me when I say this war is far from over. Time and justice are always allies.
So, in summary, PATIENCE, my boy, so they can keep reeling out the rope and the appellate court panel watches in wonderment as the District Court rules and purveys. Besides, we now have a second appeal and the Appellate court has clearly taken notice. Given the 1st Circuits huge recent reversal to Saylor in another case, my guess is that they have a sufficiently weary eye. Justice will prevail.
Gailon Arthur Joy
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Topic: Breaking News - Pickle and Joy's Appeal suspended (Read 8659 times)
