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Old August 25th, 2017, 07:37 AM #31
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I just want to take this time from this thread and say a BIG THANK YOU to Gryphon. His knowledge of MD law and his willing to impart his knowledge to others here IMO deserves to be noticed...
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Old August 25th, 2017, 09:57 AM #32
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And it is now past the due date that they court wanted to additional documents as well. You have to give the plaintiff credit for not quitting on this case but seeing it thru to the end.
actually the government filed this in the case
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File Type: pdf Maloney Singas Letter August 18th 2017.pdf (150.1 KB, 90 views)
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Old August 25th, 2017, 07:04 PM #33
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actually the government filed this in the case
It's just so mind-numbing that this case has been going on this long and they need more discovery
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Old August 26th, 2017, 04:36 PM #34
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It's just so mind-numbing that this case has been going on this long and they need more discovery
It's an intentional game they play, realizing that the other side actually has to finance their case...Unlike the seemingly, unlimited funding the government side has.
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Old August 27th, 2017, 07:25 AM #35
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It's an intentional game they play, realizing that the other side actually has to finance their case...Unlike the seemingly, unlimited funding the government side has.
And IIRC, since Maloney is pro se he can't recoup fees if he wins.
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Old May 23rd, 2018, 10:02 AM #36
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last thing i saw from the court
The stamina of Jim Maloney to keep litigating this for 15 years now and it is going.

Minute Entry for proceedings held before Judge Pamela K. Chen: Telephonic status conference held on 3/8/18. Appearances by Plaintiff James M. Maloney, pro se; Liora M. Ben-Sorek for Defendant. Case called. Discussion held. As stated on the record, the Court revises and supplements the previous discovery schedule relating to the re-opened trial, set to begin on June 4, 2018: (1) Defendant shall produce to Plaintiff all remaining documentary and physical discovery by April 16, 2018; (2) any additional discovery related to the April 16, 2018 discovery (e.g., depositions, etc.) shall be completed by May 16, 2018; and (3) the parties shall file a Joint Pre-Trial Order by May 23, 2018. The Court advised the parties that the June 4, 2018 trial date will not be adjourned. (Court Reporter Anthony Frisolone.) (Hess, Alexandra) Modified on 3/12/2018 to correct Court Reporter's name. (Abdallah, Fida) (Entered: 03/08/2018)
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Old May 23rd, 2018, 12:14 PM #37
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This case has taken WAYYYYYY to long to come to trial IMHO. Major Credit and Congrats to Jim Maloney alone for seeing this thru.. What in the heck happened to a right for a speedy trial??? The defendants need to be taken to the woodshed big time for the delay tactics used!
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Old May 23rd, 2018, 12:22 PM #38
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This case has taken WAYYYYYY to long to come to trial IMHO. Major Credit and Congrats to Jim Maloney alone for seeing this thru.. What in the heck happened to a right for a speedy trial??? The defendants need to be taken to the woodshed big time for the delay tactics used!
That's not happening. You know why this is going to trial? They already had a trial and the Obama judge did not like the result. As a matter of law she could not rule in New York's favor because of what was presented at the trial
\
So she said let's have another trial!!! Or in her words she is reopening the trial.

And here is exactly what you need to do New York to win this one.

I am still hoping NY drops the ball on this again
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Old May 23rd, 2018, 12:41 PM #39
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That's not happening. You know why this is going to trial? They already had a trial and the Obama judge did not like the result. As a matter of law she could not rule in New York's favor because of what was presented at the trial
\
So she said let's have another trial!!! Or in her words she is reopening the trial.

And here is exactly what you need to do New York to win this one.

I am still hoping NY drops the ball on this again
How does a judge order a new trial like that?
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Old May 23rd, 2018, 01:10 PM #40
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How does a judge order a new trial like that?
I've never seen anything like it. This is her order

ORDER: For the reasons stated in the attached Memorandum and Order, the Court declines to grant declaratory judgment in Plaintiff's favor based on the current record and without allowing Defendant an opportunity to supplement the record. The Court, therefore, directs the parties to supplement the record with additional briefing and evidence to address the issues and deficiencies identified in this Memorandum & Order. By August 18, 2017, Defendant shall indicate, in writing, whether it intends to offer additional evidence to rebut the presumption in favor of Second Amendment protection. If Defendant indicates an intention to offer additional evidence, the Court will set a conference to discuss scheduling with respect to the discovery and presentation of any additional evidence. If the Defendant indicates that it does not so intend, it shall file, by September 22, 2017, a supplemental brief discussing the issues raised in this Memorandum & Order, including, but not limited to: (1) the application of New York State Rifle & Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (2d Cir. 2015), to the instant Second Amendment challenge; (2) evidence that rebuts the presumption in favor of Second Amendment protection, i.e. evidence that nunchakus are either not "in common use" or not "typically possessed by law-abiding citizens for lawful purposes"; (3) the level of scrutiny applicable to this case; and (4) whether the nunchakus ban, N.Y. Penal Law 265.01, survives constitutional muster, including all evidence supporting Defendant's position on this issue. By October 22, 2017, Plaintiff shall submit a brief in response. Ordered by Judge Pamela K. Chen on 7/23/2017. (Lee, Helen) (Abdallah, Fida). (Entered: 07/23/2017)
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