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Moore Update

From EphBlog’s general counsel:

There was a motion session in the Federal District Court out in Springfield this a.m. The majority of Judge Posnor’s rulings on the various motions were unremarkable. Below are the highlights.

The most substantive motion that he decided, presumably from the bench, was that he denied Moore’s Motion for a Temporary Restraining Order — Moore was requesting an injunction to require Williams to continue providing COBRA benefits. Previously, I suggested that the ruling likely would hinge on the Judge’s determination of whether or not he was persuaded that Moore had established the requisite “likelihood of success on the merits” of the underlying claim for continuation of COBRA benefits. See below — apparently the Judge was not so persuaded.

Further, the clerk’s notes suggest that the Judge entertained the College’s Motion to Dismiss the entire matter. Since his ruling on the Motion to Dismiss is not noted on the docket sheet, it is safe to assume that he took the matter under advisement rather than ruling from the bench.

Also, the Judge granted Moore’s Motion to Seal certain exhibits which apparently include, inter alia, “Williams College student recommendations and evaluations.” Check out docket entry No. 27 to see a description of those documents that he successfully petitioned the Court to seal.
Finally, the Judge granted the College’s Motion to Stay Discovery pending a ruling on the College’s Motion to Dismiss.

Thanks for the update. If anyone really wants to see some of these documents, I will get them from PACER.

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#1 Comment By Jr. Mom On February 17, 2010 @ 10:45 pm

Also, the Judge granted Moore’s Motion to Seal certain exhibits which apparently include, inter alia, “Williams College student recommendations and evaluations.

Sad, really…

#2 Comment By Ronit On February 18, 2010 @ 9:39 am

David – insofar as the people who run EphBlog, provide hosting, and own the domain, don’t have any knowledge or recollection of hiring a general counsel, it would be more accurate for you to refer to this person as “your lawyer”. Unless it’s common practice for lawyers to be anonymous to their supposed clients.

#3 Comment By David On February 18, 2010 @ 9:44 am

Surely it is obvious that the title “EphBlog’s general counsel” is a jest? To the extent it isn’t, allow me to be clear: EphBlog does not have a general counsel. I am joking.

#4 Comment By hrump@3equityct.com On February 18, 2010 @ 11:58 am

Joking, indeed. I look askance at Mr Ronit and your good self, Mr Kane!

For more years than I would care to count on my pedal digits or most certainly yours, I have served this blog with an assiduity far out of proportion to the quality of some of the bombast bordering on but not quite crossing the lines of perjury, perfidy, and murder in the second degree.

To be denied recognition by you is a kick to the groin by a mouse in carpet slippers!

” a kick … by a mouse in carpet slippers” is pure John Mortimer