PDA

View Full Version : Nordyke v. King, Sorting out the aftermath, 6/7/12 Motion to extend deadlines


Crom
06-12-2012, 6:33 AM
Not really big news here but it appears that Don is trying to preserve his clients options while they work things out with the County. There appears to be some very short deadlines to work with...

The majority’s opinion issued on June 1, 2012 states that this
Court will “hold the County to its interpretation of the ordinance, ...”
Nordyke v. King, Slip Opinion at 6168. The opinion notes that should
“the County add new requirements or enforce the ordinance unequally,
or should additional facts come to light, Plaintiffs or others similarly
situated may, of course, bring a new Second Amendment challenge to
the relevant laws or practices.” Nordyke at 6169.

The concurring opinion authored by Judge O’Scannlain and joined
by Judges Tallman, Callahan and Ikuta, used somewhat stronger
language in their first footnote. It suggests that a petition for
rehearing may be warranted if the County strays from the concessions
made at oral argument. Nordyke at 6169, fn. 1.

On Monday, June 4, 2012, I sent an email to both of the County’s
appellate attorneys setting forth my understanding of how gun shows
would proceed under their Client’s concessions. As of June 7, 2012, I
have not received a reply, however it may just be that the County is
experiencing the delays inherent in bureaucracies.

With short deadlines for seeking remedies in the Court of Appeals
(14-day deadline to petition for the rehearing suggested by the
concurring opinion, see FRAP40), Appellants respectfully request a
extension of all applicable deadlines and/or a modification of the June
1, 2012 Opinion to permit the trial court to make appropriate findings
and orders if they become necessary.


You can read the full motion here (www.xx3.us/d/Nordyke-6-12-2012.pdf).

SanPedroShooter
06-12-2012, 6:40 AM
Its only been ten+ years... Whats two more weeks?