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A "lawyer" said this? Good lord. |
| Why do the Reynolds/Lively briefs and letter briefs sometimes follow cites with the parenthetical “cleaned up”? So it will say Furry Puppet Studio, 193 F.Supp.2d 879 (cleaned up) for example. I noticed like a dozen cites like this in the motion to dismiss and thought it was maybe a paralegal’s citechecking note that they forgot to erase, but I see it again in their letter brief opposing the extension. Is this some normal practice? |
Apparently it’s a new bluebook term that means a quote was altered, usually to drop internal case citations. |
Where did these many lawyers go and why are they not explaining how they completely misjudged what they said was clearly very simple issue of this extension request? Even after the ruling, one of you popped up with more mocking, and yet no explaining. How is it that you completely misread what would happen here? I am also curious whether the judge enforcing the amendment deadline affects your oft-stated views in this thread that the judge will allow multiple amended complaints from the parties here. I think having Freedman’s proposed amended complaint by the time the judge rules on the MTDs will better allow Liman to figure out whether amendment would be futile — ie, he may read the MTDs in combination with the amended complaint and rule on them together. So if the complaint doesn’t fix the issue, he will be more likely to dismiss with prejudice. And frankly, that seems fair. I also wonder whether Lively/Reynolds will move to amend their own complaint again by the deadline, either in connection with the Wallace MTD or to include evidence from any discovery they have received so far (or both). I think there could be a real risk of Wallace’s case getting severed to Texas otherwise. Though I’d still be shocked if Wallace didn’t do a speck of work during his 8 day holiday vacation in New York. |
Thank you! |
Where dod they go? It”s a beautiful spring weekend, |
Old lawyer here. Seriously?? ‘Cleaned up’?? Not a Latin phrase? Wow. Times have changed |
| Is there any news on timing for the ruling on the NYT MTD? |
It used to be “internal quotations omitted,” which is much better than “cleaned up.” |
Not to get too off track, but I think it’s intended to be broader than that. |
No. Judges don’t normally announce things like that. At most, I’d think Liman might propose or ask for a hearing or hearing schedule. But it would be unusual for Liman to give himself a deadline for when he’d issue his orders. |
If he wants the amended complaint prior to deciding, it’s going to be months. He likely will give defendants another chance to respond. |
Well that's the thing -- Wayfarer has not filed a request for leave to amend. They have until Friday. They really are supposed to attache the amended complaint to their motion if they want it granted (that's one reason they asked for this deadline to be moved back). So yeah, if Wayfarer files a request for leave to amend by the 18th, and they include their amended complaint, then the Lively parties would of course have a chance to respond to the amend filing and perhaps amend their MTDs if needed. And then, yeah, there would probably be a hearing or series of hearings, and then he'll decide the MTDs all at once. But if Wayfarer doesn't file that request for leave to amend this week, then potentially there could be a decision on the MTDs with in the next month or so, and a hearing could happen fairly quickly because there are fewer outstanding pleadings in that case. I will be shocked if Wayfarer doesn't request leave to amend but some of their recent moves make me wonder. I am a bit surprise they asked for an extension on this because they have been aware of the group pleading issue for a long time and would assume that an amended complaint was in the works for over a month at this point and had been worked on to reflect arguments made in the MTDs, to cure issues raised in those pleadings. All good sense would assume that's what we'll see on Friday. But the extension request was filed rather late and indicates that as of last week, they weren't ready to do that by this Friday. So... we'll see. Presumably they'll submit something but who knows. |
To state the obvious, although the deadline is tight, the Judge is giving the Wayfarer defendants the chance to replead literally every claim. Just as we said. |
Where did he do that? |