keep in mind the purpose of this hearing. We’re dealing here with summary motions, we’re dealing here with is there a genuine issue of material fact that will justify this case going forward to a full-blown trial. Would y’all like to brief that for me in writing rather than come back this afternoon and argue? What about it, Plaintiff?
Who wouldn’t rather write a brief than “come back this afternoon” on a Friday? No wonder Judge Senter is so well-liked. The post-hearing briefs were filed directly with Judge Senter, as ordered, and did not appear on PACER until today – the result of a State Farm motion SLABBED reported in up their sleeve or in their briefs – State Farm comes up with another Eddie Haskell motion in Rigsby qui tam
Regardless of the ultimate outcome of this Action at the trial court level, there likely will be an appeal by one or more Parties and “[u]nder this Circuit’s general rule, arguments not raised before the district court are waived and will not be considered on appeal unless the party can demonstrate ‘extraordinary circumstances.’”
Had State Farm said no more in Defendants’ Joint Motion to Require All Parties to File their Previously Submitted Respective Post-Hearing Briefs in the Record, there might have been a different title; but, this paragraph followed:
Further, as a general proposition, the Fifth Circuit “is barred from considering filings outside the record on appeal….” Accordingly, it is especially important to all Parties’ respective ability to prosecute a potential appeal to have all post-hearing summary judgment briefs in the record.
And, then, there was this gotcha:
Defendants…specifically pray that the Parties be required to file in the record the exact post-hearing briefs previously e-mailed the Court, without any changes, additions or subtractions whatsoever.
So, here they are without any changes, additions or subtractions whatsoever. I suggest starting with the Risby brief as it responds to all three defendants’ briefs and gives context to their arguments and, then, finishing with State Farm’s Rebuttal.
What is it State Farm has up their sleeve and in their brief ? Did Judge Senter take it out?
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