The Order issued today starts out with notice that tomorrow’s hearing is cancelled – and aside from the somewhat disconcerting news that he’ll decide on the Summary Judgment based on his reading of the motions, this seems like a routine matter.
The parties having waived oral argument on their crossmotions for summary judgment, the oral argument scheduled for July 11, 2008, is CANCELLED, and the cross-motions are hereby taken under submission without oral argument.
However, that’s just the first paragraph and the kicker comes next.
More than thirty (30) days having elapsed since the judgment for compensatory civil contempt was entered against defendants, requiring them to pay the judgment within thirty (30) days, and defendants having neither paid the judgment nor filed a timely notice of appeal, plaintiff is free to execute on the judgment or otherwise to proceed with collection. Unless the judgment is paid within fourteen (14) days, the court will consider denying defendants’ motions for summary judgment as a sanction.
What makes this Order his strangest yet is the Rigsbys sister’s Motion to Stay Civil Sanctions is sitting on PACER – filed on June 25th no less. What else could a Motion do but sit on the docket when the judge doesn’t seem to know it’s there. Continue reading “…and even "curiouser" – Acker issues strangest order yet”