Posted on 03/24/2014 1:11:54 PM PDT by marktwain
The United States District Court, Southern District of California on Wednesday granted a joint motion filed earlier in the day by attorneys for Ares Armor and the Department of Justice. The order vacated as moot a preliminary injunction hearing scheduled for Thursday, vacated the Temporary Restraining Order issued on March 11 (and the modification issued on March 14), and affirmed Ares Armor’s rights to file an amended complaint and to seek further injunctive relief.
“In consideration of the specific injunctive relief requested by the [temporary restraining order obtained by Ares Armor on March 11] to prevent the seizure of the Property [i.e., the precursor receivers and customer information], the Court’s modification of the TRO on March 14, the issuance of a search warrant and the subsequent execution of that warrant and seizure of the Property by the Defendants on March 15, 2014, the request for injunctive relief to prevent the seizure of the Property appears moot,” the motion explained. “Judicial economy and the parties’ interests in preserving resources for litigating the actual merits of this case are furthered by dropping the preliminary injunction issue at [t]his time.”
“[T]he requested injunctive relief is now moot, and ... going forward with the hearing would be a waste of resources,” the court agreed.
Today’s motion and order marks the bringing out of the big guns, as Ares Armor was represented by Chuck Michel of Michel & Associates, P.C. Michel’s clients include the National Rifle Association and its state affiliate, the California Rifle and Pistol Association. Additionally, NRA’s lawyers and experts are assisting on the specific legal and technical issues.
(Excerpt) Read more at examiner.com ...
I'm embarrassed to admit I don't know what this means --only that it sounds good.
Can someone out there put this into more vanilla terms for me? I want to understand this, but have the feeling I do not right now.
So for those of us who do not have a legal background, can someone translate this? It seems to me that ATF specificly violated a court order. Doesnt’ that normally lead to some kind of action? Someone being fined or going to jail?
"that's that, the gun parts have been seized, so that ship has sailed already, so no more pondering that philosophy --we'll let the two sides instead fight directly over other legal questions..."
??
The matter being under live litigation won’t be a matter of action until a conclusion is reached in the litigation. At least if the Feds have any integrity, which is questionable.
Aries Armor asked for an injunction and got it.
BATFE told the court it did not matter because they were investigating a crime, so the court approved their raid.
The BATFE raided, but that did not change the issues asking for the injuction.
Instead of cluttering up the court with legal questions concerning the injunction, and taking up the BATFE and Aries Armor’s time with that issue, the injunction no longer has any effect.
The parties can use their resources on the meat of the real issue instead.
Very clear, thank you.
It is good news that Aries Armor is represented by Michael.
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Thanks for the informative posts that keep us updated.
(check spelling...Ares not Aries).
Yeah, it’s sad in a way because clearly Ares had hoped the injunction would be stronger than that. But sometimes waiving a battle will help win a war.
Moot = immaterial. What the ruling says is that it’s utterly pointless to argue about a restraining order, as the search has already taken place.
Both the DoJ and Ares Armor are agreeing that it’s best to shelve that issue and move on to other things.
The Court initially issued a restraining order saying that BATFE couldn't seize Ares' property, pending Ares' motion for an injunction. The judge later amended that order to say they could seize it as part of a legitimate law enforcement action. Still later, a judge (not clear if it's the same one) issued a search warrant. BATFE executed the search warrant and seized a batch of stuff. Both sides now agree that the motion for an injunction is moot (there's nothing to enjoin because the search already happened.)
On a related note:
My Ares Armor bumperstickers arrived in the mail today. YAYS!
Gonna put ‘em on the Jeep and minivan now.
*just doing what I can to support the good guys*
“Good news” would have been a pile of dead ATF agents at Ares door.
“Good news” would have been a pile of dead ATF agents at Ares door.”
:-) Snicker
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