Posted on 07/17/2010 9:49:14 AM PDT by rxsid
"The Court Has Ordered Oral Argument For July 28th In The Chrysler Dealers’ Appeal.
Judge Alvin K. Hellerstein has ordered oral argument in the Southern District of New York for July 28, 2010 at 12:30 PM.
Upon filing the appeal, Steve Pidgeon and I made a decision not to request oral argument and rather to rely on the briefs. We felt that if, after reading the briefs, the Court had serious questions, then the Court would call us in for oral argument and we are pleased this has happened since our clients will now have their day in court.
Please understand that nothing concerning the eventual outcome should be read into the Court’s order for oral argument. We are simply pleased that we will now have a chance to explain our position to the Judge and to answer his questions to the best of our ability.
Many times the attorneys will request oral argument, but it’s always more relevant if the Court initiates the process. This usually means the Court has specific questions in mind.
Old Chrysler’s attorneys – Jones Day – also did not request oral argument, but we do note that just after the briefs were filed, they added four pro hac vice attorneys to the case including the lead trial counsel from the underlying bankruptcy.
It appears Jones Day may have expanded their roster here with an expectation that the Court might call for an evidentiary hearing with witnesses involved which can happen when fraud on the court has been alleged as we have done on behalf of our clients here. But the July 28th oral argument is not such a hearing. There will be no witnesses and the Court will mainly focus on points of law and facts already in the record of the case. No new facts will emerge unless there is a future hearing.
I believe the oral argument will be open to the public, but contact the Court for details.
Leo Donofrio for the law firm of Pidgeon & Donofrio GP."
"The Court Has Ordered Oral Argument For July 28th In The Chrysler Dealers’ Appeal."
may they grind exceedingly fine
Well, that's something.
Please ping me to any updates. This case - well, the Chrysler bankruptcy - is the reason for my tagline. “Obama has replace the rule of law with the rule of a dictator.”
(excuse the paraphrasing)
(Res Publica = that thing of the people = the rule of law)
(Quod licit jovi non licit bovi = what is legal for god is not legal for the cows [people] = “I won.”)
It’s good to know that there is still a court somewhere with ears to hear — limited though they may be.
Do you think Obama will appease them in order to take away any reason for a QW from them?
“Many times the attorneys will request oral argument, but it’s always more relevant if the Court initiates the process. This usually means the Court has specific questions in mind.”
This sounds like a very positive development! I will continue to pray.
God bless Leo for his perseverence against
the tyrant in chief.
Ex-Chrysler dealer gets split decision
She’s 3rd in metro Detroit to prevail in arbitration
http://www.freep.com/article/20100717/BUSINESS01/7170307/1002/rss02
Auto Dealers Facing Closure Will Soon Know Fate
http://www.myfoxdetroit.com/dpp/news/auto_news/auto-dealers-facing-closure-will-soon-know-fate-20100714-mr
Related Link McDonald talks about losing her dealership in 2009 - Obama auto team irons out plans for the future of Chrysler, GM
http://www.freep.com/article/20091218/SPECIAL04/912180355/1411/special04
Excerpt:
McDonald’s businesses on the chopping block
Colleen McDonald was at home in Northville on May 14 when she saw a message on her cell phone from Chrysler executive Brian Schnurr.
“Neither of your franchises are going forward,” Schnurr’s disembodied voice informed her.
“They didn’t even say they were sorry,” said McDonald, who ran three suburban Detroit auto dealerships, one a Chevrolet dealership. “Cold as ice.”
In the run-up to bankruptcy, Chrysler executives saw an opportunity to trim the automaker’s dealers
“My worst nightmare becomes reality,” McDonald wrote in notes she kept for herself. “Not only terminated, but we are told we receive no compensation, we must close the business by June 9, and Chrysler will not buy back our inventory.
“My dealerships are profitable, state-of-the-art, modern and well respected — all of which, along with the lifelong effort of my family — now means nothing.”
Interviewed later for the Free Press “Rising from the Wreckage” series, McDonald called the terminations unconstitutional and un-American, adding, “I’m not just scared for my business. I’m scared for everybody. What was this world coming to when they could take your business away?”
Money quote.
Right on! Go Leo! Nail their @sses to the wall with points of law.
Refresh me.....What is the premise of this case?
Donofrio Ping!
Thank you Leo. May God Bless You and Protect You in your valiant undertaking.
its my hope that news of anti-Obama lawsuits becomes a multiple-times-per-day event.
Any news on Taitz/Kreep appeal yet, now that Appuzzo case has been blocked by 3rd circuit?
See tagline. Looks like QW is not going to happen before Fall elections and Kagan confirmation. Drat. :(
Should their clients now find unusual favor in the eyes of the court and eventually be granted damages, it will beg the question all the more of whether political influence massaged the case in order to prevent QW standing from ever materializing.
AS intriguing as that idea is . . . to be honest, I'm guessing this won't go anywhere despite the positive news that oral arguments are ordered--because I've learned to be pessimistic with all of these cases against the Federal Obama Govt. After all appeals are exhausted, I suspect that should Donofrio attempt to establish QW standing for the expelled dealers, the courts will continue to ignore/dismiss their every effort in that approach as well.
I wish there was a more direct and obvious client of potential standing, whose case Pigeon and Donofrio could take up. If Lakin should suffer damage through Court Marshall, would he not become a great prospect in terms of standing? Could Donofrio and Pigeon, or even Apuzzo, get involved on his behalf?
I’m hoping Lakin will have standing. From what the lawyers seem to be telling me (and I have no idea how trustworthy their sayings are) the military can block his ability to appeal.
But I’d be very surprised if the military can block an appeal in the civilian courts, which may well be what Lakin was after all along.
Hey Leo,
You better check out this report that was just released about an audit of dealership closings.
http://www.freerepublic.com/focus/f-news/2555141/posts
Yeah, I would assume Leo is well aware of that report.
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