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Friday, November 19, 2021 3:27:56 PM
Glen posted recently that in the DC Circuit, Lamberth issued an order Nov 15 stating concerns about the DC plaintiffs' request to withdraw a class certification motion, in light of a stipulation by all parties to terms for the class action. In raising his eyebrow, Lamberth mentioned several court duties ... but ... he didn't elaborate on how they specifically apply there. So. Some guesswork on my part: Arrowood's requested and ordered voluntary dismissal (without prejudice) in the CAFC was already in the works prior to Nov 15 (as Plan B), and will be communicated over to Lamberth by Thanksgiving. Presumably this addresses Lambo's concern sufficiently, and the class certification procedure will resume there.
FWIW: FRCP state that if Arrowood's voluntary dismissal was its first such dismissal, Arrowood can simply refile there in the CAFC (1 free do-over).
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