Lawsuit update - No appeal brief filed by Pickle or Joy -yet

[Stan]

Is there a prophet among us who can predict how this will end?

[Cynthia]

More ridiculous arguments...

From AT:

Ian
Senior Member
****
Gender: Female
Posts: 299
"Prove all things; hold fast that which is good"

Re: Appellant brief filed
« Reply #10 on: Today at 11:23:32 AM »

Danny and 3ABN have till March 23 to get their appellee brief in.

The next session for the court of appeals at which oral arguments may be presented or the case may be submitted appears to be June. That's the next session at which everything may be ready for that step.

Yes, barring no more delays, as your appellant brief was filed on Feb 23, and they have 30 days from that time, and then you have another 14 days to reply.

From the court docket:

"02/23/2009 Open Document BRIEF filed by Appellants Gailon Arthur Joy and Robert Pickle. Length: 62 pages, 13,995 words..."

"12/09/2008 BRIEFING schedule set. Brief due 01/19/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [08-2457] "

Basically, if Danny really meant what he said and wanted to drop the suit, he should have dropped it with prejudice,

Just like your continued efforts and appeal means you never meant it when you called it the "stupid lawsuit", and begged for them to dismiss it? IOW you want to be sued?



The above statement by you above is equally ignorant and absurd, Bob. The claim's legal rights weren't determined and lost... why should Danny and 3abn lie and give you permission to sue them??

The dismissal of the lawsuit without prejudice simply means the claim has been brought to an end(whether permanently or temporarily) but no legal rights have been determined.

On the other hand dismissing a lawsuit with prejudice means a claim's legal rights have been determined and lost.

That never happened!

and quit threatening us. He continuing threats after the suit was dismissed was evidence that he never was serious about dropping everything.

Is that really true, or are you again putting your words in someone else's mouth, Bob? Please prove what you claim, kindly quote even one threat from Danny Shelton.

Waiting... but not holding my breath.

toodles. Waving smiley

[Cynthia]

As I quoted in "the Robert Pickle's New website" topic:

Will you be adding your appeal brief on your website soon, or are you waiting on me to post it first? Just wondering...

Feel free to post it if you want. Happy Sabbath.

I don't really know what is going on... I still do not have the appeal brief, but noticed today that the court docket has been updated:

03/10/2009 MOTION filed by Appellants Gailon Arthur Joy and Robert Pickle To Take Leave To Correct The Record. Certificate of service dated 03/06/2009. [08-2457]

( the document referred to is not available via Pacer)

03/13/2009 OPEN DOCUMENT
ORDER granting motion for leave to correct brief filed by Appellants Gailon Arthur Joy and Robert Pickle. [08-2457]

This is all that open document, which is available via Pacer, says:

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

THREE ANGELS BROADCASTING NETWORK, INC., an Illinois Non-Profit Corporation;
DANNY LEE SHELTON,
Plaintiffs - Appellees
v.
GAILON ARTHUR JOY; ROBERT PICKLE,
Defendants - Appellants
____________________________


ORDER OF COURT
Entered: March 13, 2009
Pursuant to 1st Cir. R. 27.0(d)



The defendants’ motion to correct their brief is allowed.


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



cc:
Gerald Duffy
Jerrie Hayes
Kristen L. Kingsbury
William Christopher Penwell
John P. Pucci
J. Lizzette Richards
M. Gregory Simpson
Gailon Arthur Joy
Robert Pickle

[Cynthia]

In answer to some emailed questions... ( it occurred to me that others might have them as well):


I don't know what date the correction to the appeal brief is due by, or if Pickle and Joy have already changed or corrected it. If so.. PACER doesn't give that information or reflect that they have.

It seems safe to presume though that after waiting till the last possible moment to file the appeal brief, this further delay by them puts the 30 days which 3abn has to respond to the Pickle and Joy appeal brief even further into the future...

..ian