Filing Announcement: Plaintiffs' Brief Opposing Defendants' Motion to Dismiss Filed

Filing Announcement 20 Jul 2009: Attorney Mario Apuzzo has filed his opposition to the defendants' motion to dismiss.

Plaintiffs' Brief Opposing Defendants' Motion To Dismiss the Second Amended Complaint/Petition Under Fed. R. Civ. P. 12(b)(1), 12(b)(6), and Alternatively to Strike the Complaint Under Fed. R. Civ. P. 12(f) and Supporting Cross-Motion for Leave Nunc Pro Tunc to File the Second Amended Complaint/Petition.

http://www.scribd.com/doc/17519578/Kerchner-v-Obama-Congress-DOC-34-Plaintiffs-Brief-Opposing-Defendants-Motion-to-Dismiss

The Defendents' motion to dismiss decision date is now scheduled for on or about 3 August 2009.
The Plaintiffs' cross-motion decision date is now scheduled for on or about 17 Aug 2009.
For more information and details contact Mario Apuzzo, Esq., at: http://puzo1.blogspot.com/

Charles F. Kerchner, Jr.
CDR USNR Retired, Lead Plaintiff
Kerchner et al vs. Obama & Congress et al
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Update 30 Aug 2009: There are currently two motions before Judge Simandle and he is now late in ruling on both. The Defendents' Motion to Dismiss had a return date of 3 Aug 2009 and thus the Judge is 4 weeks late in that ruling. The Plaintiffs' Cross-Motion to grant leave retroactively to the Plaintiffs and allow the 2nd Amended Complaint to stand in the case and not be stricken had a return date of 17 Aug 2009 and thus the Judge is 2 weeks late in that ruling. And according to the federal rule on amending cases the regs say that the Judge should be very liberal in granting such leave. Thus making a decision on the second motion aforementioned should be rather easy for the Judge. But it appears that he is choosing to address them both together and is taking his time in doing it. There is nothing we can do to speed up a Federal Judge. Charles Kerchner, Lead Plaintiff.
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Update 23 Sep 2009: The two motions before Judge Simandle are now very late in his ruling on both. The Defendents' Motion to Dismiss had a return date of 3 Aug 2009, set by the Judge himself, and thus the Judge is 7 weeks late in that ruling as to meeting his own set date to make the ruling. The Judge had all the required information from the Plaintiffs and the Defendants in July. The Plaintiffs' Cross-Motion to grant leave retroactively to the Plaintiffs and allow the 2nd Amended Complaint to stand in the case and not be stricken had a return date of 17 Aug 2009 and thus the Judge is 5 weeks late in that simple procedural ruling on granting leave. Making a ruling on that point could have been done by the Magistrate Judge Schneider as it is a minor procedural issue. And according to the federal rule on amending cases, the Fed Regs say that the Judge should be very liberal in granting such leave. And that 2nd Amended Complaint was the only one served on the Defendants so it is hardly new to them. They had it for over 4 months before they even replied and addressed it. Thus making a decision on the second motion aforementioned should be rather easy for the Judge. But it appears that he is choosing to address them both together for his own reason known only to him and is taking his time in doing it. There is nothing we can do to speed up a Federal Judge if he chooses to delay as it appears he is to me. Very frustrating to say the least. Charles Kerchner, Lead Plaintiff.
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