ragingbull.quote.com/mboard/boards.cgi?board=CMKI&read=1035026By: bluetripp
31 Aug 2011, 11:14 PM EDT
Motions Panel info: posted by debintex on Mil Board
millionaires.proboards.com/index.cgi?board=main&action=display&thread=40164 Motions Panel
« Thread Started on Aug 25, 2011, 5:49pm »
--------------------------------------------------------------------------------
I hope they called the courts before filing the Motion. If not, it looks like we might be waiting a minimum of 3 weeks for a ruling.
www.ca9.uscourts.gov/content/motionspanel.php Motions Panel
During the month of August Judges Schroeder, Thomas, and Graber are assigned to consider ready substantive motions matters. In the event of recusal or unavailability, we will draw another judge at random to consider the matter(s) in question.
For motions that require relief within 21 days, you must call the Motions Unit at (415) 355-8020 prior to filing the motion.
Re: Motions Panel
« Reply #1 on Aug 25, 2011, 6:02pm »
--------------------------------------------------------------------------------
For those of you wondering what a Motion Panel is:
This is from the rules of the 9th District:
www.ca9.uscourts.gov/datastore/uploads/rules/rules.htm#1254826 Motions Acted on by Motions Panels.
(a)
Motions Heard by the Motions Panels. The motions panel shall rule on substantive motions, including motions to dismiss, for summary affirmance, and similar motions. The Court has determined that in the interest of uniformity, motions for bail are considered by a three-judge motions panel.
(b)
Selection of Motions Panels. Judges are ordinarily assigned to the three-judge motions panel on a rotating basis by the Clerk for a term of one month. A single motions panel is appointed for the entire circuit.
(c)
Procedures for Disposition of Motions by the Motions Panel. All three judges of the motions panel participate in ruling on motions that dispose of the appeal. Other substantive motions are presented to two judges; if in agreement, they ordinarily decide the motion. The third judge participates only if
(i)
one of the other members of the panel is disqualified or is otherwise unavailable; or
(ii)
the other members of the panel disagree on the disposition of a motion or he or she is requested to participate by the other members of the panel.
A motions panel sits in San Francisco for several days each month. If necessary, emergency motions are acted on by telephone. (See Cir. R. 27-3 through 27-4 and Advisory Committee Notes thereto.) (Rev. 12/1/09)
R
Re: Motions Panel
« Reply #2 on Aug 25, 2011, 6:09pm »
--------------------------------------------------------------------------------
hmmm... looks like they have bought themselves at least 3 weeks. I don't think we fall under the "Emergency Motion" criteria. Let's hope they settle before then!!!
From the same link above:
Urgent Motions
If a movant certifies that to avoid irreparable harm, action is needed by a specific date or event but not within 21 days as in (a) above, the motion shall be governed by the following requirements.
(1)
before filing the motion, the movant shall notify opposing counsel and serve the motion at the earliest possible time;
(2)
Appropriate Application of Rule. The provisions of Circuit Rule 27-3 are intended to be employed in instances where the absence of a response from the court by a date certain would result in irreparable or significant harm to a party, e.g., a motion to reinstate an immigration petition where petitioner faces imminent removal or to stay enforcement of a district court order. The provisions of the rule are not intended for application to requests for procedural relief, e.g., a motion for an extension of time to file a brief.
Re: Motions Panel
« Reply #3 on Aug 26, 2011, 3:08am »
--------------------------------------------------------------------------------
Good info... Thanks Deb....
JRS