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View Diary: UPDATE 2x: MI GOP House Spkr Bolger running scared from recall, lawyers harass disabled recall filer (103 comments)

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  •  I purchased access to browse for $5 (7+ / 0-)

    Then I spent another $5 to read the "case event". The whole package costs $238.50 which is WAY more than I can afford, dammit.

    Autumn is trying to get copies.

    Here's what the CASE EVENT says:

    CASE SCHEDULING ORDER ISSUED

    ORD
    ORDER GRANTING TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

    MOTION FILED BOLGER,JAMES,P
    PL MOTION FOR EXPARTE ORDER ALLOWING BRIEF IN EXCESS OF PAGE LIMIT

    MOTION FILED BOLGER,JAMES,P
    MOTION FOR EMERGENCY TEMPORARY RESTRAINING ORDER PRELIMINARY INJUNCTION,& ORDER TO SHOW CAUSE/BRIEF

    SUM/COMPL BOLGER,JAMES,P
    PETITION FOR REVIEW AND/OR APPEAL FROM THE CALHOUN COUNTY BOARD OF ELECTION COMMISSIONERS DETERMINATION ON THE CLARITY OF RECALL PETITION

    I have no idea what any of this means... = (

    "Back off, man. I'm a scientist."
    -- Dr. Peter Venkman

    by Eclectablog on Thu Jun 23, 2011 at 09:39:21 AM PDT

    [ Parent ]

    •  Oh, man.... (5+ / 0-)

      the court ordered a preliminary injunction, not just a TRO?

      A TRO is an emergency measure, to stop something before a hearing before the judge, with both parties, can take place.

      A PI is much more serious -- it is (typically) entered only when the other side has appeared, and the judge decides that the plaintiff (Bolger, in  this case) is likely to prevail in the full trial.

      OK, IANAL, but I've had some recent exposure to some of this stuff through our township. This is much more serious, and there must be more to this story.

      Mark E. Miller // Kalamazoo Township Trustee // MI 6th District Democratic Chair

      by memiller on Thu Jun 23, 2011 at 12:08:20 PM PDT

      [ Parent ]

      •  I should have said (1+ / 0-)
        Recommended by:
        Bluefin

        ...judge decides that one side is likely to prevail...

        Mark E. Miller // Kalamazoo Township Trustee // MI 6th District Democratic Chair

        by memiller on Thu Jun 23, 2011 at 12:09:39 PM PDT

        [ Parent ]

      •  Dude, you are SO not cheering me up (4+ / 0-)

        I have a copy of the Motion for Emergency Temporary Restraining Order, Preliminary Injunction, and Order to Show Cause submitted by Bolger's atty and the Order Granting Temporary Restraining Order and Preliminary Injunction signed by the judge.

        They don't make me all that cheerful, either.

        "Back off, man. I'm a scientist."
        -- Dr. Peter Venkman

        by Eclectablog on Thu Jun 23, 2011 at 12:13:32 PM PDT

        [ Parent ]

        •  Was there any opposition filed? (1+ / 0-)
          Recommended by:
          Bluefin

          Was this done on an ex parte basis?  When was the motion filed, and when was the TRO/PI issued?

        •  When you are without a lawyer they can assume (0+ / 0-)

          that you do not have the ability to appeal which is even more difficult.  A lawyer versus no lawyer will almost always win because they have juice before the court.  Court now often do what they think they can get away with.

          I have been through this on another matter in California.  No lawyer will almost guarantee a loss and that is part of what the judge decides.  How do you think a paying client would feel if his attorney lost to a non lawyer.  This is the legal system rewarding its own.

    •  Without reading, (5+ / 0-)
      Recommended by:
      memiller, ColoTim, Orlaine, Bluefin, COBALT1928

      it is hard to say, but as commented elsewhere, a Preliminary Injunction either means there is strong evidence on one side, or that someone has a judge in their pocket.

      I am still learning, but the teachers often suck.

      by trumpeter on Thu Jun 23, 2011 at 12:17:58 PM PDT

      [ Parent ]

      •  Republican being recalled, (4+ / 0-)
        Recommended by:
        skohayes, trumpeter, Bluefin, COBALT1928

        Republican County Election Commission,
        Republican judge?

        I don't know that, just speculating.

        "OK, election commissioner, as defendant, can you give any good reason why I should not grant to the plaintiff this motion for a preliminary injunction?"

        "Oh, no your honor, I surely can't think of a single reason..."*

        *imaginary dialog, invented for the purposes of satire only, not meant to represent any actual person or persons, just in case anyone happens to be looking in. Hi, Jase!

        Mark E. Miller // Kalamazoo Township Trustee // MI 6th District Democratic Chair

        by memiller on Thu Jun 23, 2011 at 12:32:40 PM PDT

        [ Parent ]

    •  She's entitled to copies. (4+ / 0-)
      Recommended by:
      ColoTim, polecat, skohayes, Bluefin
      Then I spent another $5 to read the "case event". The whole package costs $238.50 which is WAY more than I can afford, dammit.

      That's flat-out robbery. These are electronic documents. The marginal cost is zero.

      Thump! Bang. Whack-boing. It's dub!

      by dadadata on Thu Jun 23, 2011 at 12:41:05 PM PDT

      [ Parent ]

      •  They are charging her $1 per page... (2+ / 0-)
        Recommended by:
        polecat, Orlaine

        ...and the whole package is over 150 pages. Nice.

        She could only afford 5 of them.

        "Back off, man. I'm a scientist."
        -- Dr. Peter Venkman

        by Eclectablog on Thu Jun 23, 2011 at 01:08:17 PM PDT

        [ Parent ]

        •  If the Maddow people pick this up (5+ / 0-)

          Autumn won't have to worry about being able to afford a copy.

          The whole premise of being Republican is the awful thought that somewhere, some poor person has a dollar that some rich person actually deserves. - Olbermann, at Cornell, 3/31/2011

          by TC MITS on Thu Jun 23, 2011 at 02:20:00 PM PDT

          [ Parent ]

        •  I have a credit card (4+ / 0-)

          Want me to get them for you? It would be worth it to me.
          Free of charge.

          How come the dove gets to be the peace symbol? How about the pillow? It has more feathers than the dove and doesn't have that dangerous beak. Jack Handey

          by skohayes on Thu Jun 23, 2011 at 03:36:02 PM PDT

          [ Parent ]

        •  I don't think they can (0+ / 0-)

          justify $1 a "page" for an electronic record.

          But I don't know Michigan's public records law.

          Thump! Bang. Whack-boing. It's dub!

          by dadadata on Thu Jun 23, 2011 at 05:46:11 PM PDT

          [ Parent ]

        •  That must be why this motion was filed: (2+ / 0-)
          Recommended by:
          COBALT1928, yoduuuh do or do not
          MOTION FILED BOLGER,JAMES,P
          PL MOTION FOR EXPARTE ORDER ALLOWING BRIEF IN EXCESS OF PAGE LIMIT

          In excess of a page limit? Why sure, why not bury her in a blizzard* of paper.
          Those slimy mother fuckers know she has no lawyer, they've probably pulled a credit check on her (and every other kind of investigation they can think of), gone through her trash, and are doubtless having her tailed.
          And they are planning on bleeding her dry and dragging her around chained on the back of a slow moving paper pickup if they can (figuratively speaking of course).

          This courageous lady needs proper legal assistance ASAP!
          You're doing great on this, Eclectablog.
          Please somebody get a relief effort going, I'm in for a donation whenever the mechanism is worked out.
          We need to beat these bastards back everywhere they pop their fugly heads out of the sewers.

          *(blizzard story in Marshall, MI:
          Many decades ago I was driving past there in the dead of winter in a ferocious blizzard (to or from a school at the time). I went many miles past all manner of skidded out and abandoned vehicles littering the medians and roadway and just kept on going until a huge multi-vehicle pileup completely blocked my path (I had gotten around dozens before that).
          That was it, no way out, so I just bundled up and was going to wait things out. Some time later the local law enforcement people came by and offered to transport me to some big public building in Marshall. I went along and ended up spending the night with hundreds of stranded motorists and others in a civic center or school building of some kind. They were good people, fed and watered us all, and next day took us back to our vehicles or whatever.)

          "Double, double, toile and trouble; Fire burne, and Cauldron bubble... By the pricking of my Thumbes, Something wicked this way comes": Republicans Willkommen auf das Vierte Reich! Sie Angelegenheit nicht mehr.

          by Bluefin on Thu Jun 23, 2011 at 08:03:21 PM PDT

          [ Parent ]

      •  I've heard Wisconsin is doing the same thing (2+ / 0-)
        Recommended by:
        Bluefin, yoduuuh do or do not

        Not only does it bring in revenue, but it discourages people from requesting documents that should be public (or at least free to the relevant parties) domain.

        How come the dove gets to be the peace symbol? How about the pillow? It has more feathers than the dove and doesn't have that dangerous beak. Jack Handey

        by skohayes on Thu Jun 23, 2011 at 03:35:01 PM PDT

        [ Parent ]

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