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Tuesday, October 11, 2016 8:24:53 AM
Besides jurisdictional basis, interlocutory appeals also can be favored when a defendant is citing immunity claims which certainly could be applied to disallowance of judicial review under the law as specified under HERA. I think this government option would be held in reserve for round #2, though only a portion of the motion to dismiss seems to hinge on any immunity claim under HERA. Much tougher sell to the court.
I still believe a stay motion will be the next development, unless a reply on the order regarding plaintiff legal costs on the Motion to Compel comes out first. Very interesting to watch this play out. This playbook is not out of freshman year law study.
JMHO.
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