In Uncategorized on 10/21/2020 at 16:19

That is the question for Don R. Means, Docket No. 2078-17L, filed 10/21/20. But whatever Don’s answer might be, Judge James S (“Big Jim”) Halpern doesn’t stay for an answer. According to his designated hitter, “…we issued to petitioner an order to show cause in writing on or before September 24, 2020, why this case should not be dismissed and a decision entered for respondent. In that order and in our orders of April 29, 2019, June 13, 2019, and March 10, 2020, we recited petitioner’s history of noncompliance with the Court’s orders regarding the filing of briefs in this case.” Order, at p.1.

The years at issue begin with 1984. Don R. seems to have been part of the legendary Kersting dodgeucopeia, the longest running show on Broadway (or anywhere else). Don R.’s defense to Judge Big Jim’s recitation of his missing briefs is “…that the case has been going on too long–‘for over 40 years’– and, from day one, he has ‘never done anything illegal or been late in this case.'” Order, at p. 1.

No, says Judge Big Jim, Don R. has definitely blown it this time.

“The last claim concerning tardiness is clearly wrong. We see no reason to spend more time addressing petitioner’s case when he fails to obey our orders to assist us by filing briefs.” Order, at p. 1. (Citation omitted).

See Rule 123(b). Plenty of discretion for a judge to toss your case. So the right answer is “to brief.”

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