Kolbe v O'Malley Sheduling Order

Patrick · Feb 4, 2014

There have been lots of little details about this case of late, and frankly they are hard to track. Here is a scheduling order form the court for everyone to read.

There is no trial scheduled at the moment. It was cancelled.

In short, the papers will continue to fly back and forth until May. At that point, the judge may order a hearing/trial.

The only thing slower than a federal court case is molasses pouring outside in winter. That said, the molasses tastes great on oatmeal. Court papers taste horrible, and the new post-consumer recycled paper doesn't even have much fiber anymore. So basically...go with the molasses if you ever have to make the choice.

Patrick · Feb 4, 2014

Also, I am sorry to be missing 2A Tuesday. I assure it has nothing to do with MSI, the community or the movement. It is literally the case I am peddling hard and making a living (as a molasses salesman, of sorts).

With you in faith.

Name Taken · Feb 4, 2014

Quick break down of the case please?

Kharn · Feb 4, 2014

Arent those page limits high for federal court? The 100 page response and cross motion for summary judgement will be quite a tome.

Elliotte · Feb 4, 2014

Kharn said:
Arent those page limits high for federal court? The 100 page response and cross motion for summary judgement will be quite a tome.

Maybe they are combined page totals since it looks like combined documents. Making it an algebra problem, you get Motion for Summary Judgment (MSJ) = 75 pages from item 1. And Opposition Reply from item 5 (OR) = 25 pages.

From item 2:
OR + MSJ = 100

From item 3:
OR + OR = 50

So all the page numbers look right to me. Maybe the judge just wanted to save time by combining documents into larger ones.

swinokur · Feb 4, 2014

Patrick thanks for keeping us updated and your efforts on our behalf. Know it is appreciated.

redeemed.man · Feb 4, 2014

See attached

Patrick · Feb 4, 2014

Kharn said:
Arent those page limits high for federal court? The 100 page response and cross motion for summary judgement will be quite a tome.

You read it right: 225 total pages.

Regardless of outcome at the District level, this thing is going as far as the courts will allow. So it will be appealed to the 4th. And that decision will be appealed to SCOTUS. The judge is letting the parties put up a full record for later review. That washes both ways, depending on how you look at it. I'll reserve comment, until it's over.

As for overall status: everyone is working to the dates in the order.

fabsroman · Feb 4, 2014

Thanks Patrick. I was checking on here and the MSI website for an update on this case and wasn't able to find anything. Almost decided to renew my PACER access so I could figure out what was going on. Yep, nothing about litigation is fast. Attorneys need to generate billable hours.

HUMONGO · Feb 4, 2014

Hey, I know Steve Kolbe. Good guy.

fabsroman · Feb 4, 2014

Patrick,

Has the Tardy Scheduling Order also been modified? Any chance you can post a link to that Scheduling Order? Thanks

rockstarr · Feb 5, 2014

fabsroman said:
Thanks Patrick. I was checking on here and the MSI website for an update on this case and wasn't able to find anything. Almost decided to renew my PACER access so I could figure out what was going on. Yep, nothing about litigation is fast. Attorneys need to generate billable hours.

just like a job that a mechanic will have done in 30 minutes but the book says charge 2 hours so they do

kenpo333 · Feb 5, 2014

Patrick said:
There have been lots of little details about this case of late, and frankly they are hard to track. Here is a scheduling order form the court for everyone to read.

There is no trial scheduled at the moment. It was cancelled.

In short, the papers will continue to fly back and forth until May. At that point, the judge may order a hearing/trial.

The only thing slower than a federal court case is molasses pouring outside in winter. That said, the molasses tastes great on oatmeal. Court papers taste horrible, and the new post-consumer recycled paper doesn't even have much fiber anymore. So basically...go with the molasses if you ever have to make the choice.

I agree with you completely especially the part about oatmeal and molasses. I personally like Brer Rabbit Black Strap.

On another note I do tend to agree with the firearms dealers but don't understand how their position will hold up. Could someone explain so a country boy like me can understand.

Patrick · Feb 5, 2014

fabsroman said:
Patrick,

Has the Tardy Scheduling Order also been modified? Any chance you can post a link to that Scheduling Order? Thanks

Tardy dropped and Kolbe stepped in. This is it, if we are thinking the same cases. I cannot speak for Tardy, but his move had nothing to do with the case. Plaintiffs need to be available at times and life gets ahead of you. I think we all understand.

vette97 · Feb 5, 2014

Thanks for all you do, Patrick!

fabsroman · Feb 5, 2014

Patrick said:
Tardy dropped and Kolbe stepped in. This is it, if we are thinking the same cases. I cannot speak for Tardy, but his move had nothing to do with the case. Plaintiffs need to be available at times and life gets ahead of you. I think we all understand.

Patrick,

I thought there were two cases going on. One for the AWB and another for the HQL. Has it always been just a single case? Anywhere we can look at the pleadings for the case other than making a trip to the Federal District Court in Baltimore City?

ShallNotInfringe · Feb 5, 2014

Just to recap... For clarity.

There were 2 cases filed. Tardy v O'Malley (assault weapon ban, mag size limit) was first up, the second case - Doe v. O'Malley (HQL) agreed to wait for the first case resolution before moving forward.

Tardy dropped out, Kolbe stepped in as a new plaintiff.

Back in October the trial date for Tardy v O'Malley was set for 2/10-14. The state agreed to an expedited trial back then.

Somewhere along the line, the trial date shifted to 2/24. Per the order attached to the OP.

On 1/6/14 an entirely new set of volley milestones were issued:

2/14 Defendants file motion for summary judgement
3/17 Plaintiffs file opposition to motion for summary judgement
Another round of back and forth on 4/11 and 4/29, respectively.

Feel free to correct any info I captured incorrectly.

This thread title was hard to catch that this was a court update, since a lot of us non-insiders didn't know the plaintiff had been changed. I did a search for Kolbe on MDS and this is the first time the name appears in this context.

Mr H · Feb 5, 2014

Patrick said:
Tardy dropped and Kolbe stepped in. This is it, if we are thinking the same cases. I cannot speak for Tardy, but his move had nothing to do with the case. Plaintiffs need to be available at times and life gets ahead of you. I think we all understand.

Thanks for the updates!!

BTW... You were asked after quite a lot yesterday.

I didn't mention the goat.

rwbow1969 · Feb 5, 2014

Thanks.

fabsroman · Feb 5, 2014

ShallNotInfringe said:
Just to recap... For clarity.

There were 2 cases filed. Tardy v O'Malley (assault weapon ban, mag size limit) was first up, the second case - Doe v. O'Malley (HQL) agreed to wait for the first case resolution before moving forward.

Tardy dropped out, Kolbe stepped in as a new plaintiff.

Back in October the trial date for Tardy v O'Malley was set for 2/10-14. The state agreed to an expedited trial back then.

Somewhere along the line, the trial date shifted to 2/24. Per the order attached to the OP.

On 1/6/14 an entirely new set of volley milestones were issued:

2/14 Defendants file motion for summary judgement
3/17 Plaintiffs file opposition to motion for summary judgement
Another round of back and forth on 4/11 and 4/29, respectively.

Feel free to correct any info I captured incorrectly.

This thread title was hard to catch that this was a court update, since a lot of us non-insiders didn't know the plaintiff had been changed. I did a search for Kolbe on MDS and this is the first time the name appears in this context.

Thanks SNI.

Kolbe v O'Malley Sheduling Order

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