"an abuse of the Court's discretion"

"RSIC has not made a persuasive showing that its requested sanctions are commensurate to the scale of Defendants’ violations. Most notably, RSIC seeks casedispositive sanctions right as the merits briefing process is getting underway. (ECF No. 200 at 22-25.) RSIC proffers no applicable law supporting its request for a default judgment vacating the ROD and remanding to BLM. And the Court is aware of no such authority. It would be an abuse of the Court’s discretion to allow RSIC’s attempted endrun around the merits briefing process because RSIC caught Defendants in two ‘gotchas.’ While it is now clear that the Court will be unable to resolve this case on any particular timetable, it wishes to resolve this case on the merits."

So what constitutes a definition for something that would "abuse" the "Court's discretion"?

Well, it was, in this case, the "attempted endrun around the merits briefing process" even though "RSIC caught Defendants in two 'gotchas'".

So it appears that Judge Du is saying something like you guys have wasted enough of my time on extraneous matters ( the two "Gotchas" ) and so now she is going to place her nose to the grind stone and focus on the merits of the real case presented for her to decide, but..... and here is the rub, she moves ahead with the clear caveat that she will proceed in her deliberations sans regard for "any particular timetable", hers, the Defendant or the Plaintiff. 

Say "Good Bye" to any preconceived timetable, ya'll.  So says "the Judge"!

Surprise, surprise, surprise...... NOT!  Oh, how I miss those days of when it was an expectation that the matter would be adjudicated after the start of the "construction season". 

Then again, why should this case be any different from any other case.  Judicial process does not live in the same universe with RWT that governs everything else in life, from train schedules to work hours to dental appointments, graduations, weddings and funerals.  Judicial process is in another dimension and is best explained as something out of "The Twilight Zone" in the 5th dimension:

  https://www.bing.com/videos/search?q=the+twilight+zone+intro+1959&&view=detail&mid=183D36C77B3D15E25AC6183D36C77B3D15E25AC6&&FORM=VDRVRV

Of course, on those rare occasions when "the Court" turns on the afterburner and sallys forth like the Lone Ranger with a hearty "High Yo Silver Away!" In those unlikely circumstance the "speed" of the judicial process is much more akin to:

https://www.youtube.com/watch?v=0IobpIKshr8

That's putting it on a little thick, but you get the idea.  There is no "timetable" on the merits of the case regarding RSIC and BLM/LAC.  It is what it is.

Onward through the FOG.... and a lot of FOG at that!

Okiedo

Ooops, I almost forgot to define the acronym:  RWT

RWT = Real World Time, the time within which all the rest of the world activities are conducted, time with the limitations of every day life. The Court lives in a world of its own and unbounded by RWT limitations.  Not exactly an earth shaking reveal, just part of the FOG.