Thursday, February 2, 2012
Righthaven ... make an "emergency motion" in the Circuit Court of Appeals 9 th Marc Randazzo seek to prevent further progress in the case of Hoehn, where (as you may have heard) Righthaven was commissioned to provide the various assets (and righthaven the company. com is to be auctioned). Randazzo filed a response (embedded below), which dates back to the education of the classic story by Herman Melville Bartleby the scribe
, which never makes Bartleby work, because "I prefer not to." If this sounds familiar, it may be because Righthaven Randazzo uses this for the last time it was declared an "emergency" stay in the Ninth Circuit Court of Appeals ... themselves in the same case. This time, the Court refused, and as Randazzo explains, there are thousands of reasons to reject it again. You can read the full presentation that explains all the reasons that the presentation of Righthaven emergency makes no sense - especially since not bothered to object to many things that now is the fight when they were happening in the district court. However, the main reason is of order purely procedural:
Although it would be much more satisfying to see that this movement defeated on the merits, it does not clean as a matter of procedure. Rule 27-3 (a) requires that counsel for the applicant to make "every effort" to notify opposing counsel before filing an emergency motion. Righthaven Council not to, and misled the court on its efforts to do so. Hoehn Council learned of the movement by which it receives through the judiciary CM / ECF .... Only after receiving the notice of motion Hoehn received a fax Righthaven lawyer are informed of their intention to submit this motion



Righthaven used to think I could do a study for law school useful for a few days, but now I wonder if there should be an entire class to teach students Righthaven lawyers
exactly what not to do handling of cases.
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