BREAKING - II - DE Fed Clerk Refuses to Docket Romney/ Bain Litigation until After Election

[jberryhill]

20. Bullshit

"she was promptly reminded that bankruptcy court is a federal entity and not beholden to arbitrary rules dictated by individual states or judges"

First off, that sentence contains an outright lie. Not only are the federal rules of procedure subject to local variation in each federal district, but they are most certainly subject to the rules of the judge assigned to the case. EVERY person at all familiar with federal litigation of any kind understands that it is crucial to familiarize oneself with the local rules of the federal court in question and any particular rules of the judge in question.

Whoever wrote that sentence does not know what the fuck they are talking about. Period.

Secondly there is no, zero, zilch significance to the timing of when a court places a paper filed in a decade-old bankruptcy on the docket. This is especially true of a paper styled as an "emergency motion" in a decade old bankruptcy proceeding. Particularly odd here is the significance assigned by the author to the timing of docketing of a claim in the case which is clearly out of time. Since the author is apparently familiar with the filing, then why not simply publish whatever it was that was filed?

There is one obvious reason for the author's coyness about publishing the filing, and I'll leave that as an exercise for the reader. But the apparent assertion that the court has ANY duty to docket whatever comes in according to some timetable set by the filer is bullshit.

Third, a non-party badgering a federal court clerk about docketing procedure is completely out of line.