You asked:...
"What exactly is Marcia doing all of this time and when will we find out the result?"...
You have posed two questions in the above sentence, to which I will attempt to provide an answer...
1) What exactly is Judge Kreiger doing all this time?:
Please scan this site going back 4-6 pages. You will find several posts by SMAN998 in which he posts CALANDARS for Judge Krieger...
If you read Sman998's post you will conclude that Presiding Judge Marcia Krieger of the Federal District Court in Dever, Colorado is an extremely busy and engaged person. She is not sitting idly by pondering the decision in EDIG case alone. She has many, many, many other things to do on a daily basis besides the decision in EDIG case. However, this DOES NOT mean that the EDIG case is at the bottom of her work pile, waiting to be signed and posted on the PACER. This brings us to your second question which is:...
2) When will we find out?...
The short anwer to this question is " WE WILL FIND OUT WHEN THE DECISION IS POSTED ON THE PACER...
The longer answer is, there is no time constraint as to when a judge shall issue his/her decision beyond those provided by law.
The overriding rule of law is the provisionfor "Speedy Trial" in both Federal and State Constitutions, and its companion Court developed concept of "Justice delayed, is Justice denied." However, there is no provision for a "Speedy Decision" to be issued by a Court...
Most states have addressed the DECISION issuing question by some sort of legislation, or RULES OF COURT. I am sure the US District Court inDenver, Colorado, over which Judge Kreiger presides, has covered this issue in their Rules of Court...
Non of these constraints are framed in terms of compulsory dead lines, like a decision shall be issued in "X" number of days after trial ends and the case is "Submitted for a decision."...
For example, in California most trial Courts have to file reports of the Court's activity, including how many decisions they have pending and the length of time they are pending, and in some instances if there is no justification given for delys exceeding 90 days, the Judge's pay check can be witheld...
Inspite of this RULE, I have a case that started in 1997, caused by injuries that took place in 1995. The case is currently in the Appellate Process, (this is the second round of appeal instigated by defendants after I won the first round and got a favorable decsion from the court). The Decision was issued by the trial Judge after the case was remanded for a New decision consistant with the appellate tribunal's opinion. It took the trial judge over a year to plow through 3 boxes of evidence and briefs and appellate decision, and issued his decision in August of 2010 doing, a 180 degree reversal of his previous decision. Defendants filed their appeal in September of 2010, and we are still waiting for the appellate tribunal to issue its decision...
I appologize if this is taking too long, but I am trying to be clear that the answer to HOW LONG it takes is dependant on many factors, the most important of which is "Complexity" of the case. And EDIG case IS NOT A SIMPLE ONE...
If you re-read pages 9-10 of Silversurfer's Reoprt on MH, you will note that the Judge was ready to issue her decision on the case, had the parties agreed that the two (2) claims tried before her were DISPOSITIVE of the rest of the entire case, including the remaining claims that were presented but not addressed during the Hearing. They did not.
Jameson from DM took the high road and told her to apply the PHILLIPS RULING and decide the rest of the claims. Defendants on the other hand played like nasty children and demanded that she rule on each and every claim remaining...
This put the judge in a difficult position of either, (A) applying the PHILLIPS RULING and rule for EDIG on the remaining 6 claims, or, (B) to ignor the PHILLIPS CASE and rule for defendants on the 6 remaining claims by considering EXTRINSIC EVIDENCE alluded to in defendant's briefs. In either case, she needs to write a well researched decision that explains her rationale for deciding the way she did. If she merely wrote I decided the 6 claims for EDG because of the Phillips decision of the Appellate Court, that Court will be all over her for not explaining why she decided claims that were not actually tried before her?...
That is what she was trying to do when she confronted the parties on the question of what they wanted done with the 6 untried claim, and she got them to agree that the two claimd tried were DISPOSITIVE OF THE CASE...
3) FINALLY:
Here we have a COMPLEX CASE, that is 1/4 tried before this Judge, and you all are perplexed as to why there is no decision as yet...
Well here is the ANSWER...
Most Federal Court Presiding Justices have access to (1-6) Attorney STAFF who do the needed decisional research in complex cases as assigned to them. There are procedures for the Presiding Judge to assign specific cases to lead counsel with meetings set between the Judge whose case is to be researched and the STAFF on scheduled intervals. In such meetings, the progress of the case is discussed, and if the judge likes what she is presented by the staff then she will sign it and the case is printed and posted on PACER. So, the notion that the Judge is cloistered in her chambers pondering the EDIG decision for the past 8 weeks is incorrect. She is running a very busy scheduled. And she is having these meetings, at least once every two weeks with the STAFF on the EDIG case...
Simply said, she has to write an "Air Tight" decision to get past the CIRCUIT COURT that issued the PHILLIPS DECISION. And if you read that decision you will find they are VERY, VERY PICKY...Lol...Lol...
For our purposes this all bodes well for EDIG...
Hope this helps...
GLTA...
Gil...
fter listening to Nunally i am more confident and certain that the new entity that discussed by him are dealing with a major smart phone company.
