They better do it in a hurry!
It's about time. So when is anyone in the media going to take an interest in opening up Kerry's divorce records?
HEINZ DISTRIBUITON REQUIREMENTS: "Don't let that freakin' Kerry get his hands on my money"
I care only to see Kerry's PERSONNEL FILE at the DOD. Nothing else matters.
Affront to the memory of the late senator? The biggest possible affront to Republican Senator John Heinz's memory is his widow using his money to keep an ultra liberal Democrat in luxury and he's even running for presidency with the aid of John Heinz's money. Now that is an affront.
WHOA......what is up with THAT???????????????
Wonder Twin Powers...Activate!
What an odd pair.
You bet!!!
1. they refuse to unseal the documents to the heinz foundation
2. they refuse to disclose finances for the campaign and t's contributions
3.they refuse to disclose john kerry's military records.
anything else?
Red Herring.....why this instead of the 180 & attendance records?
FYI.......PING
We want to see Terry Kerry's tax returns, Hanoi John's medical & military records too!
I disagree. If the Kerry-loving LA Times wants to do this, it is to help Kerry, not hurt him. The late Senator Heinz was a staunch Republican.
Could get interesting.
Right on time:
TO: CAROLYN D. DURONIO, ESQUIRE
DATE: July 10, 2004
RE: Heinz Estate / Potential Procedural Issues and Estimated Timeline
We have been told that the media’s initial praecipe for a rule to show cause why the records of Senator Heinz’s estate should not be
unsealed was refused by Judge Lucchino (Administrative Judge of the Orphans’ Court Division) for unknown reasons. We do not
know whether the media intends to go back to the Orphans’ Court Division with an amended praecipe or proceed with a separate civil
action. This memorandum provides a summary of potential procedural issues and sets forth an estimated timeline under both
scenarios.
I. Proceeding Under the Estate Docket
If the media chooses to proceed under the estate docket, generally speaking, only a current party to litigation may proceed with a
praecipe for a rule to show cause. Because the media was not a party to the estate proceeding, a motion to strike the praecipe could
be filed immediately challenging their standing to ask for the rule to be issued. The Orphans’ Court rules require 10 days notice of
presentation of any petition, including a praecipe, or motion absent an emergency or consent by the opposing party to a shorter notice
period. Thus, we would expect at least 10 days notice of the media’s intent to present a new praecipe for a rule to show cause.
To avoid the standing issue, the media may file a petition to intervene in the action along with the praecipe for a rule to show cause.
Again, 10 days notice would be required prior to presentment of both. In this instance, we would argue that the first issue to be
decided is whether the media is entitled to intervene. We would file a written response to the petition and the praecipe within the 10
day period and then ask the Court to set a briefing schedule and a hearing on the motion to intervene. If intervention is permitted, the
next step would be to challenge the issuance of the rule itself, including challenging the jurisdiction and power of the Court to issue
the rule. Again, we would ask the Court to set a briefing schedule and a hearing on the praecipe for a rule to show cause.
If successful in getting the rule issued, unless otherwise ordered, the estate would have 20 days to answer the praecipe. Following
the answer, the Court would likely schedule a hearing on the praecipe along with briefing of the issues. At that point, the merits of the
request would be before the Court.
If the Court decides to unseal the records, we would immediately move for a stay of the Court’s order pending appeal. The Court
may order briefing and argument on such a motion. It appears that the estate would have compelling arguments to stay the Court’s
order pending appeal. We would expect an appeal to take at least 6 months to be adjudicated.
Since we do not know how the media will proceed or how the Court will react, it is impossible to predict a timeline for the litigation.
The following charts outline a worst case scenario and a more reasonable scenario if the media proceeds under the Orphans’ Court
docket. These charts are based on our best guesses and expectations.
Worst Case Scenario
Day Event
1 Media submits praecipe for rule to show cause and motion to intervene.
11 Media presents praecipe for rule to show cause and motion to intervene.
11 Court permits intervention and issues rule to show cause.
31 Estate files answer to praecipe for rule to show cause.
38 Hearing/argument on rule to show cause.
38 Court enters order unsealing the records.
38 Estate files motion to stay pending appeal.
39 Court denies motion to stay.
More Reasonable Scenario
Day Event
1 Media submits praecipe for rule to show cause and motion to intervene.
11 Media presents praecipe for rule to show cause and motion to intervene.
11 Court schedules briefing on motion to intervene.
31 Briefing completed on motion to intervene.
38 Hearing/argument on motion to intervene.
40 Court permits intervention and schedules briefing on praecipe for rule to show cause.
60 Briefing completed on praecipe for rule to show cause.
67 Hearing/argument on praecipe for rule to show cause.
69 Court issues rule to show cause.
89 Estate files answer to praecipe for rule to show cause.
96 Hearing/argument on rule to show cause.
98 Court enters order unsealing the records.
98 Estate files motion to stay pending appeal.
108 Argument on motion to stay.
110 Court rules on motion to stay. If granted as expected, at least 6 months for appeal.
It is possible that the Court may order concurrent briefing and argument on the motion to intervene and the praecipe for a rule to
show cause. In such a circumstance, the more reasonable scenario could be shortened by approximately 30 days.
Under any scenario, the estate could request additional time for briefing and/or argument. Also, the timing of any hearings,
arguments and rulings will be dictated by the Court’s discretion and schedule. These factors are impossible to predict with any
degree of accuracy. Accordingly, the periods of time set forth above may be shorter or significantly longer.
II. Commencement of a New Civil Action
Although we expect the media to attempt to proceed in the Orphans’ Court Division without commencing a separate civil action, if
they choose to file a new action, they must do so by either a praecipe for a writ of summons or a complaint. If the media proceeds
with a complaint, the estate will have 20 days from the date of service of the complaint to file a response. The estate has two options
in responding to the complaint: (1) file preliminary objections; or (2) file an answer and new matter.
If the complaint is legally deficient, the estate could file preliminary objections requesting that the complaint be dismissed.
Depending upon the nature of the preliminary objections, oral argument would be scheduled between 25 and 90 days from the date of
filing of the preliminary objections. The Court could rule on the preliminary objections at the time of argument or issue a ruling at
some later date. The timing of oral argument might be different if the case proceeds in the Orphans’ Court Division versus the Civil
Division because the case would be assigned to and managed by an individual judge; the Civil Division does not use an individual
assignment system. However, given the high profile nature of the media’s action, the case might be assigned to Judge Wettick, the
Administrative Judge of the Civil Division. If this occurs, timing of oral argument will be set by Judge Wettick at his discretion.
If the preliminary objections are overruled, the estate would have to file an answer and new matter to the complaint within 20 days
from the date of the Court’s order overruling the preliminary objections. The media would have 20 days to file its reply to the estate’s
new matter. Following the filing of the media’s reply, the pleadings would be closed and the case would proceed to the discovery
phase.
Typically, a case proceeds through the discovery phase until the parties agree that it should be listed for trial. A case is listed for
trial by filing a praecipe to place the case at issue. In the Civil Division, it can take anywhere from 4 to 8 months from the date of filing
of the praecipe for a case to be listed for trial. If the case has been assigned to Judge Wettick, it will be listed for a trial at his
discretion.
The media may attempt to dispose of the case without proceeding to a trial. There are at least three approaches the media could
attempt: (1) dispositive motion; (2) preliminary or special injunction; or (3) a rule to show cause.
Dispositive Motion
After the relevant pleadings are closed, any party may move for judgment on the pleadings or for summary judgment. In the Civil
Division, argument on a motion for judgment on the pleadings or for summary judgment is scheduled by the Calendar Control judge. It
may take anywhere from 2 to 4 months from the date of filing for the motion to be listed for argument. A response to the motion does
not need to be filed until 7 days prior to argument. The Court could rule on the dispositive motion at the time of argument or issue a
ruling at some later date. Again, the timing of oral argument might be different if the case proceeds in the Orphans’ Court Division
versus the Civil Division.
Preliminary or Special Injunction
The Court can issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of
the Court that immediate and irreparable injury will be sustained before notice can be given or a hearing held. Here, if the media
seeks a preliminary or special injunction, they likely will have to provide at least 10 days notice as there appears to be no basis to go
in ex parte. We would oppose the motion and request briefing and a hearing. It is possible that the media could seek an injunction
upon the filing and service of the complaint. The entire injunction proceeding could take anywhere from 20 to 60 days. However,
preliminary or special injunctive relief seems remote as there appears to be no immediate and irreparable injury to the media.
Praecipe for Rule to Show Cause
If the media decides to praecipe for a rule to show cause, they will have to give 10 days notice to all other parties of their intention to
request the rule. If the rule is issued, the estate will have 20 days to answer the praecipe. Argument and/or a hearing on the praecipe
will be scheduled by the Court.
Again, it is difficult to predict a timeline of events with any degree of accuracy. The following chart outlines a conservative
estimation.
Day Event
1 Media files complaint.
6 Media effectuates service of the complaint.
26 Estate files preliminary objections to the complaint.
56 Argument on preliminary objections.
63 Court overrules preliminary objections.
83 Estate files answer and new matter to complaint.
88 Media files reply to new matter. Pleadings are closed.
89 Media attempts early disposition of case – dispositive motion or rule to show cause.
129 Argument/hearing on early disposition of case.
136 Court enters order unsealing records.
136 Estate files motion to stay pending appeal.
146 Argument on motion to stay.
153 Court rules on motion to stay. If granted as expected, at least 6 months for appeal.