CADL Files Motion to Reconsider, MOC Files a Response

[TheQ]

As previously discussed at an open leadership meeting, CADL has filed a motion to reconsider with the Michigan Court of Appeals.  MOC has filed a response.

Our counsel suspects this was a stalling tactic to extend the deadline for filing leave to appeal with the Michigan Supreme Court.  CADL's Board of Directors did not meet to discuss the matter until 11/28/2012 to discuss the outcome of this case.  That would leave their attorneys with precious little time to prepare and file leave for appeal and the accompanying briefs with SCoM (due December 7, 2012).  So instead this motion to reconsider was timely filed on 11/14/2012.  It is unlikely the Court will reconsider and overturn its own decision.  This does, however, reset the appeal filing clock to 42 days AFTER the Court publishes its decision on the motion to reconsider, leaving CADL more time to prepare (no doubt their board has made up their mind on their course of action if their motion fails).

Find attached a copy of CADL's Motion and our response.  You heard it here (on MOC's Forum) first.

CADL's Motion
MOC's Response

[gryphon]

If CADL filed Wednesday, Nov. 14, Greenblatt probably got his service copy Monday, Nov. 19, or even the Friday prior.  So we (at least the board here) have known about this action for two, almost three weeks?

[TheQ]

If CADL filed Wednesday, Nov. 14, Greenblatt probably got his service copy Monday, Nov. 19, or even the Friday prior.  So we (at least the board here) have known about this action for two, almost three weeks?

The BoD has been aware. A lot was unknown the first week (like if it was timely filed) because it all happened around thanksgiving.

[gryphon]

Has Dean given you any idea of when we can expect a CoA response?  One month?  Two months?

[TheQ]

Has Dean given you any idea of when we can expect a CoA response?  One month?  Two months?

He says "within a month but I've been wrong with the CoA panel before..."

[bigt8261]

Is the CoA decision still in effect?

[TheQ]

Is the CoA decision still in effect?

At this moment in time, yes.