Tuesday, December 13, 2005 12:34:36 PM
SMD -
FWIW, I think you're right.
I've thought all along that the only real ruling Payne can make on the 15th is to dismiss. He can't rule on jurisdiction until he at least takes a token look at RMBS's response due on the 21st, and can't "award" atty fees to Sammy as a "prevailing party" until he rules on exceptional case, ie jurisdiction. At least that's my take, but I'm not a lawyer.
FWIW, I think you're right.
I've thought all along that the only real ruling Payne can make on the 15th is to dismiss. He can't rule on jurisdiction until he at least takes a token look at RMBS's response due on the 21st, and can't "award" atty fees to Sammy as a "prevailing party" until he rules on exceptional case, ie jurisdiction. At least that's my take, but I'm not a lawyer.
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