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foolish

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  1. foolish

    Belated Relief

    I understand that they can do that. But can I file an opposition for the court to strike, ignore, reject or even deny that relief since to it went beyond the court ORDR directing the government to file any response to my motions for summary reversal. .. I feel that they forfeited (waived) requesting that relief when the time expired to file their own dispositive motion, its like to a second bite of the apple when they wasted taking the first bite of the apple. Let me know if I am correct if the court sets out a briefing schedule and I wasted that time to timely file a dispositive motion but I combined my response with a dispositive motion of my own, which I failed to file in the first place wouldn't the opposing file a motion for the Court to disregard, reject, or deny that relief. What would that motion be called. I can't afford for the court to think by my silence that that blatant move for belated relief is acceptable and not opposed. To the contrary, the second I read the heading, I can't let it go by silence what can I do?
  2. foolish

    Belated Relief

    I recently filed a motion for summary reversal of a district courts order, while the appellee's failed to file their dispositive motion and respond to mine. The Court ordered them to file any response. My questions can the appellee's sneak in their own motion for summary reversal in the response, when they didn't file their own in a timely fashion wiyhin the prescribed time?
  3. foolish

    Definition

    The doctrine was not brought up or argued this time, however the last time around the district court did address the res judicata issue in my favor, since although the claims were identical, they were not. In this case the only party responsible and has all the answers is properly before the court, the prior case was the referral problem that released them from being properly included in the complaint. In this case my problem is that 28 U.S.C 1915(e)(2) directly conflicted with 552(a)(4)B) in the type of review that I received. In I believe that I fall within that narrow exception, requiring a second look to prevent a manifest injustice from occurring when its evident from the record..
  4. foolish

    Definition

    I believe that I am entitled to reversal because my original FOIA case that has been relied on was short-circuited before agency ever filed their declaration and motion for summary judgment. That if not for me being indigent they would have otherwise sustained their action. . .
  5. foolish

    Definition

    The type of dispositive motion that was filed was for summary reversal mine was the only motion that was filed before the time to file expired. Let me know if I am correct two things that I should expect (1) for it be granted, or: (2) briefing schedule. I am more inclined in believing to be expect the latter rather the former. If so, what is the average that one generally waits for the court to issue a briefing schedule and would it describe the issues the court wishes being briefed?
  6. foolish

    Definition

    Thanks its been filed, the time to respond expired. About not being appropriate, I had to move fast, basically I filed a notice and follow-up motion readdressing only the core ''nucleolus''' issue.
  7. foolish

    Definition

    I have a simple question regarding the failure to file a response or a dispositve motion. May the other party file a notice that the other party failed to respond and file its own dispositive motion? or is that inappropriate
  8. foolish

    Definition

    Exactly, Rule 6 governs NTA's. Thanks' I have extensively read and understood the ''gist'' of the meaning of the phrase ''exceptional circumstance'' to mean.. But I know I cannot just recite what I know it means. There is a world of difference between knowing the principals and citing to supporting case law evidencing the moving parties request falls short of the exception of exceptional circumstances.
  9. foolish

    Definition

    For example Ninth Circuit rule 31-2.2 although the ninth circuit doesn't use the term ""exceptional circumstances'' Subparagraph (b) of rule 31-2-2(b) provides that: Written Motions for Extension of Time to File a Brief: In all other cases, an extension of time may be granted only upon written motion supported by a showing of diligence and substantial need. (Rev. 1/1/15) The motion shall be filed at least 7 days before the expiration of the time prescribed for filing the brief, and shall be accompanied by a declaration stating: (Rev. 12/1/09) (1) when the brief is due; (2) when the brief was first due; (3) the length of the requested extension; (4) the reason an extension is necessary; (5) movant’s representation that movant has exercised diligence and that the brief will be filed within the time requested; (6) whether any other party separately represented objects to the request, or why the moving party has been unable to determine any such party’s position; and See http://cdn.ca9.uscourts.gov/datastore/uploads/rules/rules.htm#pID0E0MN0HA While other circuits use the phrase ''exceptional circumstances'' generally motions to extend time are judged under the exceptional circumstances standard. In this case there is timeliness of the motion which must be filed 7 days before, in other Circuits its 5 days prior to the filing the motion, response or reply thereof.
  10. foolish

    Definition

    To file a response to a motion In the Court of Appeals. It could be the 9th. I'm really interested in the ''seminal'' case law regarding the extensions of time to respond to a motion. In the alternative it would also be helpful to get the Black's law dictionary definition of meaning of ''exceptional circumstances'' I don't have access to BLD.
  11. foolish

    Definition

    I have been searching case law for the definition or standard of what rises to the level of "exceptional circumstances" relating to request for extension of time. Can anybody help me out I found countless of case laws for different types of exceptional circumstances but not in the extension of time. I would greatly appreciate any productive assistances by citations, Thanks in advance.
  12. foolish

    Motion

    Are motions for judicial notice ''procedural'' motions?
  13. foolish

    Motion

    Getting past the question when the request for judicial notice filed be it at the lower court of the court of appeals, is the opponent required to file opposition within the specified time? Challenging whatever aspect of the moving party wants 'noticed'
  14. foolish

    Motion

    Yes, it has to with an appeal, the judicial notice has been filed already, This concerns certain exhibits and claims that are identical to the exhibits or claims used in the lower court. Just contains better digital images of the exhibits . . .
  15. foolish

    Motion

    While a motion to take judicial notice is pending, can the motion or the supporting exhibits be cited in a dispositive motion or does it supposed to be attached to that motion?
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