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To: Candor7
Expedited Discovery order. Lets have it!

You don't get discovery in an appeal. Discovery happens at the trial court level. Discovery didn't happen in the trial court in this case because Judge Brann dismissed the case under Rule 12(b)(6), concluding that the plaintiffs failed to state a claim on which relief can be granted. That means he concluded that the plaintiffs don't have a case even if every factual allegation in the plaintiffs' complaint are taken as true--in this case, he concluded that he had no jurisdiction because the plaintiffs lacked standing for some claims and that other claims were moot. You don't normally get the benefit of discovery before a ruling on such a motion.

The only way the plaintiffs are getting discovery is if they actually win the appeal and the 3rd circuit reverses the dismissal and remands the case to Judge Brann.

23 posted on 11/24/2020 8:54:46 AM PST by The Pack Knight
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To: The Pack Knight

Duh?

If you do not think this Appeal is distinct from getting to trial , you are Duh? What?

The expedited discovery order is the prize.

I have no doubt that it will be attained:

Pierce the Veils of Secrecy constructed by the Dems!
Then we will see which birds come home to roost.

After discovery there will be a motion for injunctive relief, if not granted then it will be an appeal again to the 3rd circuit, and then to SCOTUS as necessary.

GO TRUMP!


24 posted on 11/24/2020 9:20:06 AM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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