Jim, yesterday I pulled up the LaFalce docket sheet, I was curious about the last two entries:
03/142012: Motion for Rehearing or to vacate order; filing party: Lafalce, MIchael
03/15/2012: Motion for Clarification: Unsigned Order Exhibit Attached US Bank
I have requested both filings from the clerk.
?why would Lafalce file a Motion for Rehearing, which was followed by US Bank's Motion for Clarification?
just curious? thanks
I, too, noticed the "Motion for Rehearing" filed by LaFalce. It is unclear what this might include. It is really rather inexplicable, given that the court was in all likelihood reacting to the evidence offered as proof by the defendant.
Of course, as ka and t noted, the defendant seems to have made an epic blunder in pressing the standing argument. It will be hard to un-ring that bell, given that a court can and should act sua sponte to dismiss whenever it ascertains that it lacks subject matter jurisdiction.
But here is another puzzle. How does one explain a blog post on Tuesday, March 13, 2012, celebrating that the defendant has achieved what Matt Stopa describes as the "Holy Grail" -- a free house -- but that the defendant files a motion to vacate the immediately following day.
Does anyone else sense deceit and misrepresentation by the defendant's attorney? My guess is that even before Anh re-posted Mr. Stopa irresponsible braggadocio at the Forum some reasonably intelligent lawyer quietly pointed out to Mr. Stopa that the order was probably void, as written, just as ka and t have asserted.
Note that the plaintiff is generally OK with the order and seeks only clarification. A dismissal with prejudice based upon lack of standing is a legal impossibility. The plaintiff merely needs to get the order to correctly reflect that the dismissal is without prejudice. Then the plaintiff cleans up its case and re-files, totally escaping any serious consequences from its discovery default!
On Tuesday Mr. Stopa was dancing a drunken jig. On Wednesday, he was in a blind panic and the defendant is seeking to get the order vacated through rehearing! Mr. Stopa is a total idiot! I hope that Mr. LaFalce can get his free house from Mr. Stopa's malpractice insurer!