U.S.Court of Appeals ORDER - 08/19/09

[Cynthia]

It appears that when Pickle and Joy disagreed with the Judge's granting of 3ABN's motion for the dismissal of the lawsuit which had been filed against the duo in Massachusetts, and then immediately filed an appeal with the U.S. Court of Appeals so they could continue being sued, that they ran off half cocked, and basically jumped the gun...

As of today the Appeal Judges have vacated their positions and rescinded the following notice concerning the submission of Pickle and Joy's appeal:

NOTICE
Issued: May 29, 2009
In accordance with Fed. R. App. P. 34, this is to advise you that a panel of three judges, after examination of the briefs and record, unanimously agree that oral argument is notneeded in this case. Consequently, pursuant to Fed. R. App. P. 34(a), this case will be submitted on the briefs without oral argument.

What does this mean?

Pickle and Joy's appeal has been temporarily suspended as the Judges ruling on their motion for reconsideration in the Massachusetts district court is still pending. Whether their appeal continues or not depends upon the district court's ruling and Pickle and Joy's compliance with the conditions set by the Appeal court in it's order. The Order was issued today, and is quoted below.

ORDER entered by Michael Boudin, Appellate Judge

United States Court of Appeals For the First Circuit No. 08-2457

THREE ANGELS BROADCASTING NETWORK, INC.,
an Illinois Non-Profit Corporation, Et Al.,
Plaintiffs, Appellees,
v.
GAILON ARTHUR JOY, Et Al.,
Defendants, Appellants.

ORDER OF COURT

Entered: August 19, 2009

Defendants seek to challenge the district court's voluntary dismissal order.

Subsequent to the filing of this appeal, the district court denied defendants' motion for costs as a further condition to the grant of dismissal. Defendants filed a timely motion for reconsideration of the denial of costs, which is currently pending in the district court. We hereby vacate our submission notice dated May 29, 2009, and hold this appeal in abeyance pending the disposition of the motion for reconsideration
by the district court. In the event that defendants are dissatisfied with the district court's ruling on their motion for reconsideration, they should file a new timely notice of appeal. Defendants shall file a status report every sixty days and promptly inform this court once the motion for reconsideration has been decided by the district court. Failure to file a status report may lead to dismissal of this appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b).

By the Court:
/s/ Richard Cushing Donovan, Clerk.

[Stan]

So when will this be finalized?

Is spreading allegations the same as a rumor-monger?

Does the accused have criminal charges that are a matter of public record as one of the accuser does?