Yesterday Judge Saylor ruled on their pending motions and denied all of them.
Some select quotes from that order ( bold text, mine):Full Pacer -Court Docket Text for document 193:
Judge F. Dennis Saylor, IV: ORDER entered
denying [169] Motion to Alter Judgment;
denying [169] Motion for Reconsideration;
denying [169] Motion to Amend;
denying [173] Motion for Leave to File;
denying [183] Motion for Sanctions.
...Defendants make no argument, and present no evidence, that was not either raised
previously or should have been raised previously. Defendants are not entitled to argue the same matter twice simply because they are unhappy with the result. Accordingly, the Court is not convinced that it should reconsider its previous decision, much less reverse it. The motion for reconsideration and to amend or alter the judgment (Docket #169) is therefore DENIED
1 Defendants also sought relief under Fed. R. Civ. P. 52(b), which is clearly inapplicable here.
The relevance of the documents is unclear, and plaintiffs have not demonstrated that the information is newly discovered and could not reasonably have been submitted with the original motion. Furthermore, to the extent that the materials are subject to the Confidentiality and Protective Order issued by Magistrate Judge Hillman in this matter on April 17, 2008, they should have been returned to plaintiffs some time ago. The motion for leave to file under seal (Docket #173) is therefore DENIED
The Court has carefully reviewed defendants’ submissions....all of the disputed assertions fall within the bounds of permissible zealous advocacy, and none are sufficiently problematic to warrant the imposition of sanctions. Defendants’ motion for sanctions (Docket #183) is therefore DENIED.
What does that mean? Well unless 3ABN asks the court to order Pickle and Joy to hand over the documents which they have no right to, or unless Pickle and Joy do something even more bizarre than this last round of motions, the district case is finally over.
You may read the entire document in our Pacer section here:
Judge Saylor's Ruling 10/26/09
All I want to add is it's about time! and a loud and joyful Yeah!!!!!!!!!!!!!!!!!!!!!!!!
