Monday, November 26, 2012

Judge Denies Government Motion to Dismiss in 2257 Case

Seal, United States Court of Appeals for the T...

Seal, United States Court of Appeals for the Third Circuit (Photo credit: Wikipedia)


PHILADELPHIA, PA—Argument on the U.S. Department of Justice's Motion to Dismiss the lawsuit in Free Speech Coalition, et al v. Holder was set for 1:30 this afternoon in the courtroom of U.S. District Judge Michael Baylson, but less than an hour later, it was over, with Judge Baylson denying the government's motion from the bench.

While plaintiffs' attorney J. Michael Murray was not available for comment, his associate Lori Baumgardner told AVN that with the dismissal of the motion, the judge allowed discovery in the case to go forward. That would involve taking depositions of both the various plaintiffs as well as attorneys and others in the Justice Department who might have knowledge of the facts and issues involved, and who might have possession of documents relating to the government's handling of the case. 

"There was an oral argument set on the Motion to Dismiss, and some judges do that," Baumgardner said. "We were a little bit surprised, but in an abundance of caution, Mike prepared his oral argument on the Motion, and he ruled from the bench denying their motion."

Today's hearing was the first official action taken by Judge Baylson since his ruling in 2010 dismissing the case on the original pleadings—a dismissal that was overturned by a three-judge panel of the Third Circuit Court of Appeals on April 16.

Check back with AVN for more details of this exciting development.


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