Tuesday, December 13, 2005 12:11:09 PM
I don't know what Payne THOUGHT he was doing by having the hearing on the 15th, since, the jurisdiction issue comes first, must come first.
THE ONLY possible thing that makes sense is he's going to dismiss based on the Rambus original filing on "no jurisdiction" and the Sammy response on that, i.e., he gave Rambus 'til 12/21 but never intended for them to have to file anything.
The jurisdiction issue must come first and he is wasting time with this 12/15 hearing unless he will rule from the bench to dismiss. (IE, if he intends NOT to dismiss on 12/15, then Sammy might reasonably ask for a chance to reargue after seeing the Rambus 12/21 filing)
The other possibility is he will confine the discussion on 12/15 to the atty fees questions and have a second hearing on jurisdiction after Rambus files on 12/21 -- this is very wasteful, as he should deal with jurisdiction before all else
THE ONLY possible thing that makes sense is he's going to dismiss based on the Rambus original filing on "no jurisdiction" and the Sammy response on that, i.e., he gave Rambus 'til 12/21 but never intended for them to have to file anything.
The jurisdiction issue must come first and he is wasting time with this 12/15 hearing unless he will rule from the bench to dismiss. (IE, if he intends NOT to dismiss on 12/15, then Sammy might reasonably ask for a chance to reargue after seeing the Rambus 12/21 filing)
The other possibility is he will confine the discussion on 12/15 to the atty fees questions and have a second hearing on jurisdiction after Rambus files on 12/21 -- this is very wasteful, as he should deal with jurisdiction before all else
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