The goofy Fitton-hired lawyers never even mention tonight the fact that their proposed approach will require at least two sets of factual hearings, on “who all knew what, and when did they know it” — if the able USDC Judge waits until later, to consider the fact that these five private plaintiffs did not file the original suit in a timely fashion.
They ignore it, because they know focusing on this… makes them a pure loser. And that is exactly why the City of Evanston asks the Judge to conserve resources — and bifurcate discovery — closing this all out once, and for all.
I will not quote from their stupid filing, and I link it solely for a complete record, here.
Obviously, if the Tangerine 2.0 Department of Justice believes it can prove it made timely suit-filings, here (Hah!) — it may bring that suit. But nothing compels Judge Kness to let the five private plaintiffs get a free ride, between now and then. And nothing permits the DoJ to “cure” statute of limitations problems in private (albeit federal) suits — by simply intervening.
The proper course, under the clear federal Rules of Civ. Pro., is for the Judge to decide whether the whole suit is untimely, and not waste his precious deliberative resources on noodling about intervention. The Tangerine DoJ may bring its own suit some other day, if it (preposterously) thinks it too might be able to avoid a timeliness (and standing) problem.
Hilarious. That is all for tonight — out.
[My lil’ ladies are here tomorrow — baking banana bread and grilling various veggies and steaks and brats… and sweltering in the park — before a fresh but iced lemonade cooler, in the blasting A/C, inside. Heh. Then Wed. evening is US Men’s World Cup Soccer / FIFA uner the stars… Onward.]
नमस्ते
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