The latest in #InreGondor: Plaintiffs agree to vacating the default judgment against two Democratic political committees in return for extra time to respond to their forthcoming motions to dismiss.
storage.courtlistener.com/recap/gov.usco…
storage.courtlistener.com/recap/gov.usco…
A reasonable move by the committees. They save themselves the expense of litigating an opposed motion to vacate the default judgment and give up nothing meaningful in return - extra time to on the MTD will not let Davis resolve the massive jurisdictional issues w/ his case.
Typically a federal MTD is filed before answering. Because Davis half-arsed the service on his defendants many of them are going to end up in technical defaults.
Allowing them to file an MTD now is as much as an admission of improper service, but Davis probably didn't think that through.
The Federal Rules of Civil Procedure do not actually provide a time for responding to MTDs. Federal courts instead adopt timelines for them in their local rules. Here, WDTX adopted a 14 day rule - Local Rule CV-7(e)(2).
Davis's deal with the committees gives him from June 11 to July 12 - 31 days, by my calculator, so more than double the usual time.
The committees will only be taking the usual 7 days to file their reply.
The committees will only be taking the usual 7 days to file their reply.
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