This order was entered late last night in the river barrier case — and the able federal Magistrate Judge is clearly… hot (peeved).
AG Paxton / The State of Texas apparently waited 13 days to even phone the US lawyers back.
That, despite an order two weeks ago, saying “have it all worked out…” by last night. So now Texas faces nearly impossible deadlines, since the US has already long ago filed all of theirs:
…Any motion must be filed by end of day Wednesday, July 17. Responses will be due by end of day Thursday, July 18. Replies will be due by end of day Friday, July 19. The parties’ joint advisory on all motions, limited to 2 pages per side, will be due at noon on Monday, July 22….
Judge Ezra will retain the discretion to entertain motions filed after the deadlines set above. But the parties are on notice that any late-filed motions may not be considered by the Court. As the scheduling order makes clear, the final pretrial conference is intended to address the “proposed final pre-trial order, exhibits and witness lists, deposition designations, motions in limine, motions to exclude witnesses, and any proposed fact stipulations.” Dkt. 97, at 2.
At trial, once the motion-flurries / avalanche of white paper… settles — Texas will certainly lose. The federal Rivers and Harbors Act is clear: the feds are rightly in charge here.
And the state of Texas local taxpayers will have to pay perhaps $800,000 in the federal lawyers’ legal fees, incurred to enforce plain black letter federal law — on lawless, vigilante Texas state agents.
Onward.
