MARCIANÜS v DA SCHIR, et al. - Petition

[Avocat-Xheneral]

Ministry of Justice  

Office of the Attorney General  

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To the Clerk of the Cort and the Esteemed Justices of the Uppermost Cort of the Kingdom of Talossa: 

I, Viteu Marcianüs, Attorney General for the Kingdom of Talossa, do hereby move the Uppermost Cort of the Kingdom of Talossa to enjoin the Secretary of State, Deputy Secretary of State, and Prime Minister from executing Prime Dictate 50PD06 until such time as the issues raised in the attached Petition can be resolved. 

Further, I respectfully request that this Cort issue an order prior to June 18, 2017, the time at which the Secretary of State and Deputy Secretary of State may conduct the non-General Election referenda, as to allow the aforementioned individuals the ability to perform their duties in accordance with the direction of the Prime Minister and within the parameters of the Organic Law. 

Attachment: Marcians v da Schir - Petition for Injuncti....pdf (142.63 KB)

                                                                            Viteu Marcianüs
                                                                            Avocat-Xheneral
                                                                            The Kingdom of Talossa

[Dame Litz Cjantscheir, UrN]

The Cort notes the petition presented before us by the Avocat-General.

The Cort will review the petition and issue a response within the next 12 hours.

-- Dame Litz Cjantscheir, UrN

[Munditenens Tresplet]

NOTICE OF APPEARANCE

Please take notice that Munditenens Tresplet, Deputy Attorney-General for the purposes of defending the Government in this suit, enters his appearance for the Defendants.

This the 13th day of June, 2017.

Respectfully submitted,

Munditenens Tresplet

[Munditenens Tresplet]

Joint Motion For Extension of Time to File Answer, Motions, or Responses to Motions

NOW COMES the parties, to move this Honourable Cort for an extension of time for which to file an answer, any motions, or responses to such motions in the matter before this Cort.

The petition commencing this action was filed at 19:35 EDT earlier today (June 13). This Cort has stated that judgement will be passed on the petition 12 hours from 21:06 EDT today. Counsel for the Defendants was just appointed and entered his appearance at 23:44 EDT. Counsel requests an appropriate amount of time in which to respond to the petition prior to the Cort passing judgement.

Therefore, both parties request a deadline be set for such purposes as Tomorrow, June 14, 2017 at 9 PM EDT.

Parties further request that the Cort issue its order no later than a scheduled time of its choosing prior to June 18, 2017.

Munditenens Tresplet
Deputy A-G and Counsel for Defendants

Viteu Marcianüs
Attorney-General of the Kingdom of Talossa and Petitioner

[Dame Litz Cjantscheir, UrN]

The Cort having reviewed the petition laid before it does in accordance with 3.3.2 of the Cort's rule book consent to hearing this petition.

As both parties are present, the Cort requests that the respondent(s) file their brief in response to the petition within the next 24 hours.

In order to speed proceedings up, once the respondent(s) have filed their brief, the petitioner is asked to file his response (if any), again within 24 hours of the respondent(s) filing their brief. Once the responding brief, if any, has been filed, by the petitioner, the respondent(s) will have a further 24 hours to file their final response.

Any persons wishing to file an amicus curiae brief is asked to make themselves known now to the Cort.

The maximum 72 hours above will give this Cort time to consider and issue its response before the 18th inst.

-- Dame Litz Cjantscheir, UrN

[Munditenens Tresplet]

Your Honour,

Please accept the following filings in the above captioned case on behalf of Defendants:

1. Answer to Complaint and Motion to Dismiss, or in the alternative, Motion for Judgement on the Pleadings
2. Memorandum of Law in Support of Motion to Dismiss, or in the alternative, Motion for Judgement on the Pleadings

If you have any difficulty opening the attachments, please let me know. I had some trouble converting the files to PDF, and it failed to include my page numbers on the files.

I have served Plaintiff with copies of the filings.

This the 14th day of June, 2017.

Respectfully submitted,

Munditenens Tresplet
Deputy Attorney-General
Counsel for Defendants

Attachments:

memooflawPDF.pdf (111.67 KB)

answerPDF.pdf (94.89 KB)

[Avocat-Xheneral]

Ministry of Justice  

Office of the Attorney General  

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To the Clerk of the Cort and the Esteemed Justices of the Uppermost Cort of the Kingdom of Talossa:

Please find attached Petitioner's Opposition to Defendants' Motion to Dismiss for failure to state a claim for failure upon which relief can be granted, or in the alternative, judgment on the pleadings.

Attachment: Marcians v da Schir - Mem in Opp to Def Motion.pdf (359.46 KB)



                                                        Viteu Marcianüs

                                                        Avocat-Xheneral

                                                        The Kingdom of Talossa

(I also beg the Cort's understanding for any typos or misspellings in the memo. I have the New York Law Exam (not the Bar) in less than thirty minutes and do not have time to do a proper edit.) 

[Avocat-Xheneral]

Ministry of Justice  

Office of the Attorney General  

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To the Clerk of the Cort and the Esteemed Justice of the Uppermost Cort of the Kingdom of Talossa:

NOW COMES the parties, to move this Honorable Cort, for an extension of time for which to complete the filing of Defendants' response. 

This Cort, having granted the joint request of parties for an extension of time on June 14, 2017 at 5:59 AM EDT, required Defendants to file the necessary pleadings with the Cort within 24 hours of the Order, provided 24 hours from the moment of filing for Petitioner to respond, and provided an additional 24 hours from the moment of filing for Defendants to file their final response. 

Defendants filed a timely Answer and Memorandum of Law on June 14, 3:56 PM EDT, to which Plaintiffs filed a timely response on June 16, 2017 at 11:30 AM EDT. 

Having conferred with Defendants counsel, who informed Petitioner of issues that arose that prevented him from filing a timely file response, in the interest of justice, and because important constitutional questions have been raised, Petitioner has agreed to a joint request to extend Defendants time to respond to June 16, 2017, at 7:00 PM EDT. If Defendants file their response prior to the Cort ruling on this motion, and before the aforementioned time, Petitioner consents to the Cort relating the time of filing back insofar as to render the response timely. 


                                                        Viteu Marcianüs
                                                        Avocat-Xheneral
                                                        Counsel for Petitioner
                                                        The Kingdom of Talossa

                                                        Munditenens Tresplet
                                                        Counsel for Defendants 
                                                        Deputy Attorney General 
                                                        The Kingdom of Talossa

[Dame Litz Cjantscheir, UrN]

Jun 16, 2017 10:07:33 GMT -6 Avocat-Xheneral said:

Ministry of Justice  

Office of the Attorney General  

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To the Clerk of the Cort and the Esteemed Justice of the Uppermost Cort of the Kingdom of Talossa:

NOW COMES the parties, to move this Honorable Cort, for an extension of time for which to complete the filing of Defendants' response. 

This Cort, having granted the joint request of parties for an extension of time on June 14, 2017 at 5:59 AM EDT, required Defendants to file the necessary pleadings with the Cort within 24 hours of the Order, provided 24 hours from the moment of filing for Petitioner to respond, and provided an additional 24 hours from the moment of filing for Defendants to file their final response. 

Defendants filed a timely Answer and Memorandum of Law on June 14, 3:56 PM EDT, to which Plaintiffs filed a timely response on June 16, 2017 at 11:30 AM EDT. 

Having conferred with Defendants counsel, who informed Petitioner of issues that arose that prevented him from filing a timely file response, in the interest of justice, and because important constitutional questions have been raised, Petitioner has agreed to a joint request to extend Defendants time to respond to June 16, 2017, at 7:00 PM EDT. If Defendants file their response prior to the Cort ruling on this motion, and before the aforementioned time, Petitioner consents to the Cort relating the time of filing back insofar as to render the response timely. 


                                                        Viteu Marcianüs
                                                        Avocat-Xheneral
                                                        Counsel for Petitioner
                                                        The Kingdom of Talossa

                                                        Munditenens Tresplet
                                                        Counsel for Defendants 
                                                        Deputy Attorney General 
                                                        The Kingdom of Talossa

Motion granted.

Deadline is extended, as requested to June 16, 2017, at 7:00 PM EDT.

-- Dame Litz Cjantscheir, UrN

[Munditenens Tresplet]

Your Honour,

First, I appreciate the Cort's allowance of an extension of time. As an unfortunate consequence of having only one ISP in the area, when the internet goes out in the middle of the night, the provider isn't extremely quick in fixing the outage. I'd further like to publicly thank the Attorney General for understanding the issue and filing the joint motion.

Please accept the following filing in the above captioned case on behalf of Defendants:

1. Defendants' Reply to Petitioner's Memorandum of Law in Opposition to Motion to Dismiss

If you have any difficulty opening the attachment, please let me know.

I have served Plaintiff with copies of the filings.

This the 16th day of June, 2017.

Respectfully submitted,

Munditenens Tresplet
Deputy Attorney-General
Counsel for Defendants

Attachments:

reply_memooflaw.pdf (147.23 KB)

[Avocat-Xheneral]

Ministry of Justice  

Office of the Attorney General  

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Your Honor: 

Pursuant to the Order granted by this Cort on June 16, 2017 at 2:29 PM EDT, Defendants were afforded extended time to file their reply brief. Subsequently, Defendants filed a timely reply brief at 6:05 PM on June 16, 2017. 

While Petitioner appreciates that Your Honor has other obligations, this issue presents constitutional questions that must be resolved immediately, as voting has already commenced which may or may not be Organic. To that end, Petitioner request, if possible, an appropriate estimate as to when this Cort shall rule on the issues. 

Finally, Petition now understands that the Deputy Secretary of State has resigned (see Referendum Voting Thread). Therefore, if this assertions is true, Petitioner moves this Cort  to voluntarily dismiss without prejudice the Third Cause of Action concerning the ability of the Secretary of State to delegate their seat and the responsibilities it entails on the Electoral Commission to a Deputy Secretary of State for lack of ripeness. 



                                                        Viteu Marcianüs 
                                                        Avocat-Xheneral
                                                        The Kingdom of Talossa

[Avocat-Xheneral]

Your Honor,

There is a pending motion and controversy before this Cort that concerns the ongoing referenda. I respectfully request that the Cort inform the parties when a decision will be made. I appreciate our individual schedules and the amount of work that is required of well reasoned and legal Orders, however, the pressing nature of this suit suggests a need for an expedited review.

Respectfully yours,

Viteu Marcianüs
Avocat-Xheneral
The Kingdom of Talossa

[Dame Litz Cjantscheir, UrN]

The Cort apologises for the delay in its ruling due to a family bereavement.

I will have the full ruling within 48 hours.

Thank you for your patience,

-- Dame Litz Cjantscheir, UrN

[Ián Tamorán S.H.]

Following discussions in chambers, Her Honour Dame Litz Cjantscheir, UrN, is pro tem. unable to fulfil her duties on the bench in this case.
Let us all hope that the real sorrow within her family will as soon as possible abate in its severity, bringing them less and less pain.

Under these circumstances I am offering myself to make the ruling in this case. If any person has objection to this, that objection must be communicated clearly to this Cort within 48 hours of this announcement: That is, prior to 24:00 hrs EDT Wednesday 5th July 2017. With that deadline in mind, I shall endeavour to make myself aware of all the relevant aspects of this case.

--Ián Tamorán

[Avocat-Xheneral]

Ministry of Justice  

Office of the Attorney General  

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My Lord Chief Justice: 

At this time, the Ministry of Justice sees no reason to object to Your Honour deciding this case. 

If your Honour has any questions or shall require copies of cases referenced in any of the briefs, the Ministry of Justice can provide the Cort with a courtesy copy. 

Finally, the Ministry of Justice wishes to extend its sympathies to Her Honour Dame Litz Cjantscheir, UrN. 


                                                        Viteu Marcianüs 
                                                        Avocat-Xheneral
                                                        The Kingdom of Talossa