Hodges Case Update 10/27/11

briwadd
God of Diamonds
Re: ***Rumor Discussion Thread***
« Reply #142 Today at 7:34pm »

--Well, it appears the judge ruled against the DOJ, Hodges will be allowed to file.

I guess that is a positive, but it rules out the rumor they were working together on settlement.

Briwadd

If Mr. Hodges replies to the court, then we will be here for a while longer.. If he doesn't reply.. We are toast or we get paid.. Easy as that..IMO

Drama will keep going.....

Very good read.. I guess the SEC was just wishing the Court didn't see this.. Anyway, it took the court 60 days to issue the decision on the motion to stay.. That was a long stay..

Circuit Rule 30-1. The Excerpts of Record
30‑1.1. Purpose
(a) In the Ninth Circuit the appendix prescribed by FRAP 30 is not required. Instead, Circuit Rule 30-1 requires the parties to prepare excerpts of record. The purpose of the excerpts of record is to provide each member of the panel with those portions of the record necessary to reach a decision. The parties should ensure that in accordance with the limitations of Circuit Rule 30-1, those parts of the record necessary to permit an informed analysis of their positions are included in the excerpts. (Rev. 12/1/09)

(b) Excerpts of record must be filed in all cases, unless Circuit Rule 30-1.2 applies. The requirements for petitions for review and applications for enforcement of agency decisions are set forth at Circuit Rule 17-1. In appeals from district court decisions reviewing agency actions, the excerpts of record shall comply with Circuit Rule 30-1 and shall include as well the materials required by Circuit Rule 17-1. (Rev. 12/1/09)

30‑1.2. Unrepresented Litigants
Appellants and appellees proceeding without counsel need not file the initial excerpts, supplemental excerpts or further excerpts of record described in this section. (New 1/1/05; Rev. 12/1/09)
30‑1.3. Appellant’s Initial Excerpts of Record
At the time the appellant’s opening brief is submitted, the appellant shall, unless exempt pursuant to Circuit Rule 30-1.2, submit 4 copies of the excerpts of record bound separately from the briefs. The appellant shall serve one copy of the excerpts on each of the other parties. If the brief is submitted electronically, the excerpts shall be mailed to the other parties and the Court on the same day that the brief is submitted electronically. If the brief is not submitted electronically, the excerpts shall accompany the original and copies of the brief. (Rev. 12/1/09)
Cross Reference:
• Circuit Rule 25-5. Electronic Filing, specifically, Circuit Rule 25‑5(b)(11), Documents excluded from electronic filing requirement

30‑1.4. Required Contents of the Excerpts of Record
(a) In all appeals, the excerpts of record shall include:

(i) the notice of appeal;

(ii) the trial court docket sheet;

(iii) the judgment or interlocutory order appealed from;

(iv) any opinion, findings of fact or conclusions of law relating to the judgment or order appealed from;

(v) any other orders or rulings, including minute orders, sought to be reviewed;

(vi) any jury instruction given or refused which presents an issue on appeal;

(vii) except as provided in Circuit Rule 30-1.4(b)(ii), where an issue on appeal is based upon a challenge to the admission or exclusion of evidence, that specific portion of the reporter's transcript recording any discussion by court or counsel involving the evidence, offer of proof, ruling or order, and objections at issue;

(viii) except as provided in Circuit Rule 30-1.4(b)(ii), where an issue on appeal is based upon a challenge to any other ruling, order, finding of fact, or conclusion of law, and that ruling, order, finding or conclusion was delivered orally, that specific portion of the reporter's transcript recording any discussion by court or counsel in which the assignment of error is alleged to rest;

(ix) where an issue on appeal is based upon a challenge to the allowance or rejection of jury instructions, that specific portion of the reporter's transcript recording any discussion by court or counsel involving the instructions at issue, including the ruling or order, and objections;

(x) where an issue on appeal is based on written exhibits (including affidavits), those specific portions of the exhibits necessary to resolve the issue; and
(xi) any other specific portions of any documents in the record that are cited in appellant’s briefs and necessary to the resolution of an issue on appeal.
(b) In addition to the items required by Circuit Rule 30-1.4(a), in all criminal appeals and motions for relief under 28 U.S.C. § 2255, the excerpts of record shall also include:

(i) the final indictment; and

(ii) where an issue on appeal concerns matters raised at a suppression hearing, change of plea hearing or sentencing hearing, the relevant portions of reporter's transcript of that hearing.

Cross Reference:
• Circuit Rule 30-1. The Excerpts of Record, specifically, 30‑1.10. Presentence Reports

(c) In addition to the items required by Circuit Rule 30-1.4(a), in civil appeals the excerpts of record shall also include: (Rev. 7/1/03)

(i) the final pretrial order, or, if the final pretrial order does not set out the issues to be tried, the final complaint and answer, petition and response, or other pleadings setting out those issues, and;

(ii) where the appeal is from the grant or denial of a motion, those specific portions of any affidavits, declarations, exhibits or similar attachments submitted in support of or in opposition to the motion that are essential to the resolution of an issue on appeal; and

(iii) where the appeal is from a district court order reviewing an agency’s benefits determination, the entire reporter's transcript of proceedings before the administrative law judge if such transcript was filed with the district court. (New 7/1/03)


The one thing this case has that everyone pasted up was, the agreement to the extension for settlement... If there was nothing there, why would the SEC agree on a extension for settlement..?

When Hodges applied for an extension, the settlement talks were extraneous to his case. IOW.. wasnt
Hodges in settlement talks. He stated that if this was successful, this case would be moot. No reason
for the SEC lawyer to object. Defendants are just fine with extensions ... they have nothing to lose.
Also remember that the lawyer for the sec group was on vacation.
If anything, by now, we should all be well versed in how the legal process is slower than molasses.