Changes

=== Summary judgment ===

=== Summary judgment ===

Rule 12 of the FRCP states that the United States government and its agencies, corporations, and other departments and officials, have sixty days in which to answer any suit against them. Aside from the letter in response to the TRO request, the Justice Department filed no pleadings, responsive or otherwise, no motions, and indeed no letters until well into December. And so, on December 9, 80 days after the initial service on the three Secretaries in Washington, Purpura and Laster filed a motion for summary judgment.<ref name=sumjudge>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-anti-hcr-plaintiffs-to-get-summary-judgment-hearing|title=NJ anti-HCR plaintiffs to get summary judgment hearing|publisher=Essex County Conservative Examiner|date=2010-12-20|accessmonthday=January 9|accessyear=2011}}</ref> The judge accepted that motion and scheduled a hearing for January 3, 2011. The government made no reply until December 17, at which time they claimed an automatic two-week extension of time as per Local Civil Rule 7.1(d)(5). This extended the time to file briefs to January 3, and put off the hearing until January 17.<ref name=sumjudgedelay>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/summary-judgment-hearing-delayed-nj-hcr-lawsuit|title=Summary judgment hearing delayed in NJ HCR lawsuit|publisher=Essex County Conservative Examiner|date=2010-12-23|accessmonthday=January 9|accessyear=2011}}</ref>

Rule 12 of the FRCP states that the United States government and its agencies, corporations, and other departments and officials, have sixty days in which to answer any suit against them. The complaint was officially served in accordance with the Federal Rules of Civil Procedure on December 15, 2011.<ref>3rd Circuit slip op., fn. 3</ref>

 

But then on December 23, the defense filed a motion to stay the proceedings.<ref name=movetostay>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/doj-moves-to-stay-pro-se-lawsuit-nj|title=DOJ moves to stay pro se lawsuit in NJ|publisher=Essex County Conservative Examiner|date=2010-12-31|accessmonthday=January 9|accessyear=2011}}</ref> As grounds for the stay, Davis reiterated yet again that he would file a brief that would demonstrate the lack of merit of the fifteen counts.

But then on December 23, the defense filed a motion to stay the proceedings.<ref name=movetostay>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/doj-moves-to-stay-pro-se-lawsuit-nj|title=DOJ moves to stay pro se lawsuit in NJ|publisher=Essex County Conservative Examiner|date=2010-12-31|accessmonthday=January 9|accessyear=2011}}</ref> As grounds for the stay, Davis reiterated yet again that he would file a brief that would demonstrate the lack of merit of the fifteen counts.