Decision tomorrow June 24, 2011 Judge Edmund Murphy room 822 1:30pm County City building 8th floor.
Took notes but mainly legalese some judge Edmund Murphy's comments here as best as I could write them down. Not literal but my notes.
0)Services and claims notice not responded to.
1)Issues as covered by this motion such as Public Immunity addressed today. Find good reason to continue Summary Judgment motion, opportunity for discovery.
2)July 7 statute starts to run.
3)to Rosen: What do you mean.
4)Almost like amicus brief or advocate for Mr. Fabre. Court must make judgment. Not going to strike Miller declaration even though full of opinion.
5)Mr. Fabre attached declaration.
.Defense has relied on same defenses.
.Respond to each Fabre issue.
.Globally or directed by court.
.Actual factual statements.
6)(Stella) Same as Miller. You are giving it weight in response to Summary Judgment motion. Motion to strike positions, opinions, conclusions, his interpretations agree with defendants not fact but opinion. Grant motion to strike part of declaration but not strike attachments, exhibits attached to declaration.
7)(Mell) Strictly construed. (He is licensee)
8)2:55 pm 10 minute break.
9)(Underwood) After Cuthbertson ordinance was repealed. What was going on?
10)Except Mr. Fabre has closed down certain parts of business. February 15 to appeal.
11)Damages not adjudicated in previous trial.
12)(Rosen)Police should pencil out much money needed, ministerial action.
13)Individual motions by defendants.
14)Jennifer Underwood gets last word.
15)Thanks everybody. No decision today. Think about arguments date to come back. Parties available afternoon of 24th Friday. Decision then.
Ends 4:15 pm.
MOTION TO STRIKE Clerks minute entry:
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