To: All
What, exactly, does this mean for the case?
"UPDATE: ORDER TO SHOW CAUSE DISCHARGED"
It's time to move to the appeals level?
138 posted on
02/26/2009 5:46:45 PM PST by
rxsid
To: rxsid
What, exactly, does this mean for the case?
"UPDATE: ORDER TO SHOW CAUSE DISCHARGED"
I think it means that the order to show cause (the main subject of this thread) is "discharged" - which means that it is no longer applicable. I think it's the same thing as saying "withdrawn." Now that the Judge has figured out that the problem was a technical problem, he's referred Berg to the instructions for proper filing (I guess for future papers), but accepted the papers filed on February 13. In other words, Berg is no longer required to "show cause" why the case should not be dismissed.
So, to get this in context, as I understand it:
1. Obama filed a motion to dismiss Berg's complaint.
2. Berg filed an amended complaint.
3. The judge said that was nonresponsive and that Berg had to file an opposition or concede the motion to dismiss.
4. Berg filed an opposition, but the judge couldn't read it because it was uploaded in too-high resolution.
5. The judge, thinking that the opposition wasn't filed, issued the order to show cause.
6. Berg responded to that order today.
7. The judge figured out that it was a technical problem, so he withdrew his order to show cause, and told Berg to read the uploading instructions to make sure the court's computer could read his files.
Now, Obama may file a reply brief.
Then, the judge will either grant or deny Obama's motion to dismiss.
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