OK; I think I understand what happened, but it seems that we have only speculation as to what happens next. I think the confusion regarding this development amongst the CGN rank and file is due to the fact that most of us don’t know enough about legal procedure to ask the right questions; and those who do know enough already know the answers.
Can the ninth circuit still combine Peruta and Prieto if it wants? We have had much speculation about what they should do, and what they probably will do; much of it sounding to me like whistling in the grave yard. What I would like to know is; what is the worst they can do.
Can the AG still get involved in Prieto as a defendant if it is combined with Peruta?
If it is not combined and they remand Peruta can the court direct the plaintiff in Peruta to clean up its case and do its notifications, and then, if the AG gets involved, say they must wait for the outcome in Peruta before they rule in Prieto?
If they can and do combine the cases, can Prieto be remanded back in conjunction with Peruta, even though Gura did everything correctly?
Please; not what should happen or might happen, but what is the worst case scenario?
I don’t think the 9th gives a fig about doing the right thing. They don’t want to find for us and they know we want them to find against us. So what is their most productive tactic? Delay us!
The pertinent judges of the 9th knew what happened. Why did Gura have to splain it to them again? Why the **** grenade one week before orals? I smell a rat!
Take not lightly liberty
To have it you must live it
And like love, don't you see
To keep it you must give it
"I will talk with you no more.
I will go now, and fight you."
Last edited by Meplat; 12-01-2012 at 9:46 PM..