To the lawyers in the house:

[RaulVB]

What can Arnebeck do now, after his law suit was dismissed?

What is the strategy here, if any, behind it?

Thanks!

[Blue_In_AK]

1. Refile

"Without prejudice" means that the lawsuit can be refiled. Correct the technicalities and try again. (I'm not a lawyer, but have been a legal sec/paralegal for most of my life)

[RaulVB]

2. Thank you

The judge viewing the case is named Moyer, a Republican.

Would he be the judge when the lawsuit is refiled?

[Xipe Totec]

5. That's the general idea behind forcing the split

since the second part of the suit challenges Moyer's election, he would have to recuse himself from hearing the Bush case. He does not want to do that...

[RaulVB]

7. Great, thanks (n/t)

[Left Brain]

12. XT and pointsoflight, I'm confused

Will Moyer review the case or no? I'm reading one of you saying no and one of you saying yes. I apologize for not tracking straight.

Edited to say never mind, I got my answer below.

[pointsoflight]

6. Yes, Moyer would now take the presidential case.

If a lawsuit was submitted for the election of the chief justice, he'd have to pass that one on, since he was one of the contestants in that election.

[grumpy old fart]

3. No biggie.....

Should be able to cut 'n paste and refile almost immediately. Moyer will have the presidential case, and another justice will have the OSC chief justice case, if that part is refiled also. Though our strategy seems to have been an attempt to get Moyer off the presidential case.

[pointsoflight]

4. Refile. Just a quick cut and paste, he could have it in tommorrow.

[Woo]

8. POsted this in the other thread...

But isn't the clock up? You have to file a contest of election within 15 days of certification -- that's tomorrow folks... we're sunk if they don't get it in tomorrow.

Is this correct -- someone check me please... we're on a clock, I think

[femme.democratique]

9. Would that be 15 business days?

Or does the Supreme Court not respect Gods day of rest? *snicker*

[Blue_In_AK]

13. Timing

I don't know about Ohio, but here you only exclude weekends if the time is less than 5 days. Otherwise, it's a straight 10, 15 or whatever.

[RaulVB]

10. Oh, oh...

Important note.

[New Earth]

11. huh? 15 days

it was certified on the 6th, right? it's only the 16th. tomorrow is the 17th.


15 days from the 6th would be......the 21st.

[Woo]

14. Someone...

In the other thread said they're pretty sure they can refile by tomorrow -- but proceed with caution -- we don't know what's going on behind the scenes -- We'll see -- A LOT of things can and will happen in the next 24 hours -- I'm slightly spooked about them having so little time -

[Firespirit]

15. Thank you

I believe it IS 15 days... I recall reading that elsewhere. And it was certified on the 6th all right.. last possible day.

Bite it Blackwell!! There's a downside to running out the clock!

[Woo]

16. Yep...

They could have told them this three days ago --they knew this the minute they filed it, they didn't even look at the damn thing -- they just sat on it until today -- hopefully folks are right when they say Arnebeck was prepared for this...

The bastards -- and you better believe Blackwell's interpretation of 15 days includes 'the lord's day' --

Sheeeesh.