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In addition to the above, this letter was not a formal motion and was not even formatted as such. Nevertheless, Judge Wolfson issued an order the next day, denying the TRO. Purpura and Laster filed a reply affidavit, essentially asking Wolfson to reverse herself and enjoin the government after all. When she would not do this, Purpura and Laster then asked her to recuse herself from the case entirely.<ref name=recuse>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-anti-hcr-plaintiffs-demand-that-judge-recuse-self-from-case|title=NJ anti-HCR plaintiffs demand that judge recuse self from case|publisher=Essex County Conservative Examiner|date=2010-10-31|accessmonthday=January 9|accessyear=2011}}</ref> Wolfson refused to do this.
 
In addition to the above, this letter was not a formal motion and was not even formatted as such. Nevertheless, Judge Wolfson issued an order the next day, denying the TRO. Purpura and Laster filed a reply affidavit, essentially asking Wolfson to reverse herself and enjoin the government after all. When she would not do this, Purpura and Laster then asked her to recuse herself from the case entirely.<ref name=recuse>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-anti-hcr-plaintiffs-demand-that-judge-recuse-self-from-case|title=NJ anti-HCR plaintiffs demand that judge recuse self from case|publisher=Essex County Conservative Examiner|date=2010-10-31|accessmonthday=January 9|accessyear=2011}}</ref> Wolfson refused to do this.
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=== Summary judgment ===
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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, 2010.<ref>3rd Circuit slip op., fn. 3</ref>
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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.
  
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