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Bush Library/LawsuitModerators: PonyPride, SmooPower It's bad from the standpoint that he does not have the history with Vodicka (and therefore the likely personal animosity) that Patterson did. But the breifing is already done and the law says what it says and there's no avoiding that (and not having read the law on these issues, I have no idea if SMU is entitled to summary judgment, I just suspect they are because of Vodicka's tactics). I doubt this guy is going to roll over into a complete Dem shill on his first major ruling just because it may impact the location of Dubya's library. But who knows?
Vindictive little SOB.
I just love this emoticon, and I am finding every excuse to use it until PP comes out and busts my chops (which he will, and I will stop). But until then, HEY VODICKA, if you read this stuff, here's one for you, baby!!! ![]() "Moderation in all things, and especially in Absoluts [vodka]." The Benediction, Doc Breeden, circa 1992
Well, either as a result of the elections or something else, SMU has consented to the removal to federal court.
Vodicka's tenant removed the lawsuit to federal court on a trumped up alelgation that SMU violated federal law. He did this the day of a hearing in state court on SMU's Motion for Summary Judgment that, if granted, would have ended the case in favor of SMU. This is at least the fourth time that there has been a delay of this nature. Presumably, this removal was done only to delay the matter.
Then, there was an election in Dallas County where the state court judge for the court that the SMU case was pending lost (as did every other county wide elected republican). Now SMU has lost its judge that knew the history of the case and hated Vodicka. SMU has apparently called Vodicka's bluff and decided that federal court would be a fine place to try this lawsuit.
The only problem with this scenario is that you can't just consent to Federal Court jurisdiction, it is a Court of limited jurisdiction. I vaguely recall some law school cases where a guy went to Federal Court which didn't have jurisdiction over the matter and lost and then appealed stating that the Court didn't have jurisdiction and won by having the case dismissed for lack of subject matter jurisdiction. If the Court were to dismiss the federal claims, it might send the entire case back to state court despite SMU's consent. Here is my prediction for the next scenario. One of Vodicka's partial owner-tenant-clients, decides to sue Vodicka for malpractice when they get hit with sanctions and make that grounds for their appeal.
Sorta off topic... I noticed that asbestos abatement or interior demolition is taking place at UG... noticed along Potomac and in that area adjacent to Central Expressway. There are some of those big ol' dumpster things sitting in the parking lot and they were getting pretty full as best I could see. Can it all be torn down except Vodicka's parcel?
Not to be confused with "common areas" available to condum owners. (If I need to delete this let me know. Please do not delete the thread.)
And away we go!
The docket of this case is becoming a ridiculous mess. Where we left off, Jodge Godby recused himself and it was assigned to Judge Boyle. Since then, Judge Boyle recused herself and it was assigned to Judge Fitzwater. Judge Fitzwater recused himself and it was assigned to Judge Lynn. Judge Lynn recused herself and it was assigned back to Judge Fitzwater. Judge Fitzwater recused himself again and it was assigned to Judge Buckmeyer. And Buckmeyer ain't taking no [deleted] from nobody because he set a hearing on the Motion for Summary Judgment for Monday, November 27th! For those that don't remember, it is a hearing on SMU's Motion for Summary Judgment that Vodicka has been avoiding for months.
That's jtstang's birthday and to see Mr. Vodicka poured out would be a nice present.
I might actually go. It won't be as much fun as a hearing before Patterson, but I think this one could be good.
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