Replies

The U.S. Attorneys submitted a motion for dismissal just prior to the hearing.

Correct. They also noticed that motion for hearing on October 5. In other words, when they filed the motion, they affirmatively showed that they did not expect it to be heard on September 8.

As I understand it, what the DOJ wanted yesterday - and did NOT get - was for the Court to issue an immediate stay of discovery pending the October 5 hearing. I think that the DOJ told the court that they will be filing a formal motion or application to stay discovery (pending the Oct. 5 hearing) on Friday.

For info as regards to the motion filed by the US Attorney for the hearing scheduled on Oct. 5, 2009. To read the entire motion go the link provided.

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
CAPTAIN PAMELA BARNETT, et al.,
Plaintiffs,
v.
BARACK H. OBAMA, et al.
Defendants.

No. SACV 09-00082 DOC (ANx)
DATE: October 5, 2009
TIME: 8:30 a.m.
CTRM: 9D
Hon. David O. Carter

(1) NOTICE OF MOTION AND MOTION TO DISMISS; AND
(2) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION
NOTICE OF MOTION AND MOTION TO DISMISS

Motion