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Here is another update on the Langbord suit.
SanctionII
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The court issued another order recently which:
1. extends the deadline to file any additional dispositive motions (summary judgment motions) from 5-29-2009 to 6-5-2009 and extends the deadline for filing responses to same to 6-19-2009;
2. directs the parties to prepare and file a joint statement of stipulated facts;
3. provides that the Langbords' demand for a jury trial will be deemed by the court to apply to the extent the court orders and/or the defendants cause the commencement of a civil forfeiture proceeding (whether as part of the Langbord case or as a separate case), and to the extent permitted by law;
4. directs the parties to submit to the court a proposed schedule setting out deadlines by which the parties shall:
a. exchange documents on which they propose to rely if the case is not resolved by summary judgment;
b. identify the documents (or parts of documents) to which they obect on admissibility grounds;
c. meet in person to attempt to resolve evidentiary disputes and to cure foundational deficiencies;
5. directs that all remaining objections to potential exhibits be submitted to the court by motion in limine;
6. directs the parties to submit exhibits no later than two weeks prior to trial;
7. directs that the parties not file further pre trial motions regarding the Langbord's responses to the government's second set of requests for admissions.
This court order is the beginning of the process that will take place prior to trial if the case is not disposed of by summary judgment.
In general the claims and defenses set forth in the pleadings filed by the parties get whittled down as the case progresses. If a case is not completely disposed of by court rulings on summary judgment motions, that portion of the case that remains unresolved proceeds to trial. Many times the remaining claims and defenses contained in the pleadings are replaced by and superceded by a document titled "Pre Trial Order". Such an order more clearly defines what exactly will be in play at a trial.
Judges also requires that the parties to the case do substantial pre trial work up and file documents with the court days if not weeks prior to trial. Witness and exhibit lists need to be prepared. Exhibits need to be prepared and submitted. The parties are required to advise the court what documents they agree can be admitted into evidence and what documents they object to. The precise ground for each objection for each exhibit is required to be stated. The parties are to decide what facts are undisputed and are to stipulate to the existence of each such fact. The parties are required to file motions in limine with the court that set forth objections to certain categories of evidence which they believe should be excluded at trial. The court rules on same and perhaps significant amounts of evidence are barred from trial.
The trial preparation process is exteremly difficult. However, the end result of same is that on the date of trial all parties are fully aware of what the court will allow and not allow at trial. All exhibits and witnesses are known and must be present. This avoids wasting court time and jury time that happens if one or both sides are not fully prepared for trial on the date of trial.
If the case is not resolved through rulings on summary judgment, the documents filed by the parties in connection with pre trial preparation will be much more informative and illuminating on the nitty gritty details that any of the documents that have been filed thus far.
Depending on how the court rules on the summary judgment motions, we may seek the government proceed with the filing of a civil forefeiture suit against the coins (either via amended pleadings filed in this case or in a brand new lawsuit). If a civil forefeiture suit is filed, that will probably mean substantial additional delay in the ultimate resolution of the dispute over the coins.
1. extends the deadline to file any additional dispositive motions (summary judgment motions) from 5-29-2009 to 6-5-2009 and extends the deadline for filing responses to same to 6-19-2009;
2. directs the parties to prepare and file a joint statement of stipulated facts;
3. provides that the Langbords' demand for a jury trial will be deemed by the court to apply to the extent the court orders and/or the defendants cause the commencement of a civil forfeiture proceeding (whether as part of the Langbord case or as a separate case), and to the extent permitted by law;
4. directs the parties to submit to the court a proposed schedule setting out deadlines by which the parties shall:
a. exchange documents on which they propose to rely if the case is not resolved by summary judgment;
b. identify the documents (or parts of documents) to which they obect on admissibility grounds;
c. meet in person to attempt to resolve evidentiary disputes and to cure foundational deficiencies;
5. directs that all remaining objections to potential exhibits be submitted to the court by motion in limine;
6. directs the parties to submit exhibits no later than two weeks prior to trial;
7. directs that the parties not file further pre trial motions regarding the Langbord's responses to the government's second set of requests for admissions.
This court order is the beginning of the process that will take place prior to trial if the case is not disposed of by summary judgment.
In general the claims and defenses set forth in the pleadings filed by the parties get whittled down as the case progresses. If a case is not completely disposed of by court rulings on summary judgment motions, that portion of the case that remains unresolved proceeds to trial. Many times the remaining claims and defenses contained in the pleadings are replaced by and superceded by a document titled "Pre Trial Order". Such an order more clearly defines what exactly will be in play at a trial.
Judges also requires that the parties to the case do substantial pre trial work up and file documents with the court days if not weeks prior to trial. Witness and exhibit lists need to be prepared. Exhibits need to be prepared and submitted. The parties are required to advise the court what documents they agree can be admitted into evidence and what documents they object to. The precise ground for each objection for each exhibit is required to be stated. The parties are to decide what facts are undisputed and are to stipulate to the existence of each such fact. The parties are required to file motions in limine with the court that set forth objections to certain categories of evidence which they believe should be excluded at trial. The court rules on same and perhaps significant amounts of evidence are barred from trial.
The trial preparation process is exteremly difficult. However, the end result of same is that on the date of trial all parties are fully aware of what the court will allow and not allow at trial. All exhibits and witnesses are known and must be present. This avoids wasting court time and jury time that happens if one or both sides are not fully prepared for trial on the date of trial.
If the case is not resolved through rulings on summary judgment, the documents filed by the parties in connection with pre trial preparation will be much more informative and illuminating on the nitty gritty details that any of the documents that have been filed thus far.
Depending on how the court rules on the summary judgment motions, we may seek the government proceed with the filing of a civil forefeiture suit against the coins (either via amended pleadings filed in this case or in a brand new lawsuit). If a civil forefeiture suit is filed, that will probably mean substantial additional delay in the ultimate resolution of the dispute over the coins.
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<< <i>If a civil forefeiture suit is filed, that will probably mean substantial additional delay in the ultimate resolution of the dispute over the coins. >>
Bleak House; Dickens, Charles, ®1853
I assume you meant "...we may see the government proceed..." and not "seek."
Thanks again for these updates (I read an article in Coin World about the lawsuit; your descriptions are much better)!
Thanks!
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