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Enron Mail |
Resend of status report. The hearing date is April 17, not April 12.
< As reported in Tim Taylor's prior email, Judge Moskowitz deferred ruling < on the motion to stay pending resolution of the Section 455 issue. Judge < Moskowitz rejected plaintiffs' argument that defendants should be required < to formally move to recuse, stating that he felt required to resolve the < Section 455 issue before proceeding further. On the other hand, he did < not accept our argument that judicial economy favors deferral of the 455 < issue to the MDL Panel, stating instead that he needed to resolve the < issue, lest the Panel designate him as the MDL transferee court for cases < he could not accept. < < Judge Moskowitz continued the matter to April 17 at 2:30 pm (PST), at < which time the Court will hear oral argument on both the 455 issue and the < stay motion. In the interim, the parties will brief the 455 issue in < accordance with the following schedule: < < Plaintiff's brief - April 2 < Defendants' response - April 10 < Plaintiff's reply - April 12 < < As to the stay motion, Judge Moskowitz indicated he would need to review < the issues raised in the remand briefs before deciding the stay motion. < He stated that, generally speaking, if the remand motions require < substantial effort and raise issues on which reasonable minds could defer, < then he is inclined to grant a stay, given considerations of judicial < economy and the public's interest in consistent rulings. While Judge < Moskowitz was careful to note he has not decided this issue, many of the < defense counsel who attended the hearing came away with the impression < that the Court is favorably inclined to the stay arguments. < < As to the timing of the remand motion, Judge Moskowitz stated that, if he < does not recuse himself and if he does not stay the cases, the remand < motion will be heard "a couple of weeks" after April 17. Plaintiffs < expressed concern that the remand motion be heard before the MDL rule in < May. Judge Moskowitz did not commit to any specific schedule, but < appeared receptive to plaintiffs' position on this timing issue. < < A transcript has been ordered and should be available on Monday for < circulation. Several counsel have suggested that we have a group < discussion after we review the transcript to assess our options on the < various issues, including the Section 455 issue. < < As such, we have scheduled a conference call for Wednesday, March 28 at 11 < am (PST). The dial in number is 1-800-210-5603 (pass code 5103596#). I < will circulate an agenda before the call. < < Regards. < < ************** < < CONFIDENTIAL < < Luce, Forward, Hamilton & Scripps LLP < 600 West Broadway < Suite 2600 < San Diego, CA 92101-3391 < (619) 236-1414 < < The information contained in this electronic mail transmission is < confidential and intended to be sent only to the stated recipient of the < transmission. It may therefore be protected from unauthorized use or < dissemination by the attorney-client and/or attorney work-product < privileges. If you are not the intended recipient or the intended < recipient's agent, you are hereby notified that any review, use, < dissemination, distribution or copying of this communication is strictly < prohibited. You are also asked to notify us immediately by telephone and < to delete this transmission with any attachments and destroy all copies in < any form. Thank you in advance for your cooperation. <
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