Judge Seitz Thinks Lawyers Should Do Their Job!

 What a kvetch, always with the teaching, the instruction, the high aspirations.

Now the Court wants us to do our job, can you imagine?

After carefully reviewing the Complaint and the Amended Motion for Final Default Judgment, the Court still cannot ascertain on what lawsuits MCC seeks a declaration. MCC has not identified the homeowners' claims for which it seeks a declaration in either the Complaint or the Amended Motion for Final Default Judgment, and MCC did not identify the paragraphs in the four class action complaints that are pertinent to this lawsuit. Including exhibits, the four complaints total 1252 pages. There are thousands of allegations and hundreds of parties in these four class actions, and most have nothing to do with the declaration that MCC seeks. This is the very problem for which shotgun pleadings are criticized.

The Court can either sift through hundreds of pages and decide for itself which allegations are material to this cause or simply deny the motion. Because the Court relies on counsel seeking requested relief do their job and focus the Court on the relevant facts, the Court will deny the motion.

 Second amended motion for final default judgment, anyone?

Third time's the charm!

(Better get it right this time.)

Amazing -- Motion for Reconsideration Actually Granted!

Reconsideration Granted

Wonders of wonders, miracles of miracles....


If you strictly abide by the standard for motions for reconsideration, they are pretty darn hard to prevail upon.

They also require more or less a confession of error of some kind by the court, again something federal judges don't tend to do all too often.

That's why this order from Judge Seitz granting in part a motion for reconsideration is fairly surprising, and indeed refreshing in some respects.

It's also interesting that Judge Seitz appears to disagree with Judge Cooke's reasoning in Grovenor House as to privity in the warranty context, though she mostly relies on the reconsideration standard for refusing to follow this precedent.

Judge Seitz Wants Barry Minkow to "Work on His Soul."

 
Like Rumpy I have a few actual legal matters to attend to, so I apologize for not providing an outlet this morning for everyone to waste their time.

So let's do that now!

Nobody takes a longer better plea than Judge Seitz, and you can always count on her to say something interesting.

Following up on her "Kingdom of God" admonition to some idiot who badly -- I would say tragically -- overpaid for dinner, the Judge yesterday turned her ecumenical eye on poor Barry Minkow, an habitual con man who the feds just can't seem to quit:

Minkow said among his college degrees were a master's of divinity and a bachelor's degree in church ministries.

Seitz asked, "Given all those degrees, how did you get involved in this?"

Minkow conceded, "I'm not too wise, ma'am."

Seitz responded, "You need to work on your soul, sir."

She added, "but first get to work on your short game."

Oh I kid.

But she's right -- everyone truly does need to work on their soul.

Speaking of soul, happy birthday to the clinically insane Christopher Walken.

Here's Kevin Pollak doing his classic tribute to the man (Kevin will be performing in Palm Beach today through Saturday).

Suge Knight/Kanye West Case Limps to Quiet End.

Suge Knight Kanye West Settlement


After Judge Seitz granted the defendants' sj, and the defendants then filed a motion for costs, it appears as if the Suge Knight/Kanye West lawsuit is finally coming to an end.

Important Legal Dispute Required Actual Federal Court Resolution!

Order on Important Legal Issue
I read a lot of decisions, and some are fairly routine, while others are just routine.

Every one in a while, however, you come across an important legal issue that absolutely cannot be resolved by the parties, the gap is simply too wide, and that's where you must submit the dispute and rely on the awesome power of the federal judiciary to squarely address the conflict.

Like this order.

Now why'd you all bother Judge Seitz on this?

Another Teachable Moment.

Remember that case where Judge Seitz struck a motion for class cert because it was filed three months after the deadline?

Well these hapless plaintiffs can't seem to get anything right.

First they filed an amended complaint, adding some new class reps and a new defendant.

Sua sponte, Judge Seitz struck it because they were past the deadline to add new parties.

Oops!

The Judge also entered an order to show cause why sanctions should not be imposed for lead counsel's failure to file pro hac motions -- the response is worth a read.

Not content to leave well enough alone, the plaintiffs inexplicably moved for reconsideration of the Court's sua sponte Order striking their amended complaint.

How do you think the Court ruled?

SFL Friday -- Some Diets Are Bad.

Hi kids, it's a cool Friday and I'm off for some early drown-my-sorrows windsurfing (of course I'll bring my wetsuit).

Can you believe Suge Knight plans to appeal Judge Seitz' decision?

Palsgraf's a bitch, my man!

What else -- Marco Rubio is scheduled to deliver the first post-election weekly Republican address -- he's already a star!
 
 Oh well it's back to worshiping women, men are the weaker sex anyways, and Christina Hendricks -- don't do it please.


Have a great weekend!