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Explain the status of this lawsuit to me. Dimaio vs DNC.

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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 06:22 PM
Original message
Explain the status of this lawsuit to me. Dimaio vs DNC.
http://moritzlaw.osu.edu/electionlaw/litigation/DiMaiov...

Looks like it was closed on July 11, 2008. Then it was refiled? I am having trouble understanding this.

"In this case, Hillsborough County Democratic Executive Committee member Victor DiMaio has brought a declaratory judgment action against the Democratic National Committee (DNC) to determine whether the DNC violated federal law or national party rules when it decided to take away Florida's votes in the national presidential nominating convention. The DNC made this determination as a result of the State of Florida's decision to move its primary election to January 29, 2007. DNC rules prohibit states from having their presidential primary elections earlier than the first Tuesday in February, with specific exceptions for New Hampshire, Iowa, Nevada, and South Carolina. The complaint seeks a determination that the DNC's decision violates Article II and the 14th Amendment of the U.S. Constitution. Alternatively, the plaintiff asks the Court to determine whether the National Democratic Party and the State Democratic Party may implement an alternative Party-run delegate selection system which does not conflict with the National Party rules.

Appellate Court Documents (second appeal)
E-CIP Filed (filed 6/16/08)
Certificate of Interested Persons (filed 7/8/08)
DIS-2 (Letter to district court enclosing dismissal order) issued (filed 7/11/08)
Pursuant to the 11th Cir.R.42-1(b), this appeal is dismissed for want of prosecution because the appellant failed to file a Transcript Order Form within the time fixed by the rules.(filed 7/11/08)
CASE CLOSED - no prosecution (filed 7/11/08)
E-Brief Tendered: Appellant by Michael A. Steinberg (filed 7/21/08)"


Also this one:

http://moritzlaw.osu.edu/electionlaw/litigation/Gellerv...

"COMPLAINT against Democratic National Committee (filed 5/22/08)
Summons Issued as to Democratic National Committee (filed 5/22/08)
Order Requiring Counsel to Confer (entered 5/27/08)
MOTION for Summary Judgment and Memorandum in Support Thereof by Democratic National Committee (filed 6/12/08)
NOTICE by Democratic National Committee re MOTION for Summary Judgment (filed 6/12/08)
Affidavit of Philip McNamara (filed 6/12/08)
Statement of Material Facts as to which DNC Contends there is No Genuine Issue to be Tried (filed 6/12/08)
Unopposed MOTION for Extension of Time to File Response to MOTION for Summary Judgment (filed 6/24/08)
Proposed Order
ENDORSED ORDER granting Unopposed Motion for Extension of Time to Respond to MOTION for Summary Judgment (entered 6/27/08)

Will they never end?

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DevonRex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 07:06 PM
Response to Original message
1. The plaintiff is asking that the 11th Circuit Court of Appeals
Edited on Wed Jul-23-08 07:07 PM by JenniferZ
reverse its earlier ruling. Good grief.

The second one is still going on, with the plaintiff having asked for more time to respond to the defendant's request for summary judgment. Summary judgment is when the judge or judges decide the case on the filings and not oral argument.

And thank you for posting this.
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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 07:14 PM
Response to Reply #1
2. is that a billable hour?
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DevonRex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 07:17 PM
Response to Reply #2
3. LOL. Sure, at $0.00 :) nt
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 08:13 PM
Response to Reply #1
7. Here is more on what DiMaio has threatened....to take it to the Supreme Court
http://journals.democraticunderground.com/madfloridian/...

Using Rule 11. They even laughed when they filed it, they think it is funny.

These two lawsuits plus the one against the DNC by a gay activist...I don't how costs don't add up on this stuff.
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blogslut Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 07:19 PM
Response to Original message
4. Man
That is one stubborn guy.
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DevonRex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 07:31 PM
Response to Reply #4
5. Yep. Must have time and money to burn. This time he wants
oral argument instead of summary judgment. And the DNC attorney will certainly request summary judgment and it will be granted and the case will be decided again for the DNC.

Let's hope it ends there.

The second one is asking that all the delegates be seated as voted in Florida. The DNC has requested summary judgment and the plaintiff has asked for more time to respond, so I take it they don't want summary judgment but oral argument there, too. They have until July 28 to file after an extension was granted.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 08:14 PM
Response to Reply #5
8. Thanks, I read that July 28 and wondered.
That's 3 lawsuits the DNC is facing. Two for obeying the rules of the party.

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ShaneGR Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 07:37 PM
Response to Original message
6. The plaintiff is a longtime Democrat who wants to make sure votes are properly counted in Florida...
It's a longterm problem in Florida, trying to figure out how to count our votes. I don't have a problem with any lawsuit that tries to push this issue to the front. My vote didn't count in 2000. My vote didn't count in this years primaries (I voted Edwards). My vote might not count this year either in the General Election (Obama of course.)
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