Rocky, do you know if the DOJ has filed anything in writing to respond to ERHE's motions? I would think ERHE would be entitled to see the government's position in writing first. Maybe that is what the June 29 date is, the day that everyone has to put their positions in writing. Maybe that's why the government filed a motion to go to up to 35 pages, because they know they have to file something on June 29. Not sure they would have a hearing with lawyers standing up and playing Perry Mason before both sides get to file their written papers and maybe even the further chance to file some kind of rebuttal paper to what the other guy files.
doug c, I sorta disagree. Since the DOJ stated in their request that they wanted to file a 35 page response to ERHE's motion, they must already have it prepared (else how would they know it was 35 pages). It is not unusual for briefs to be filed and faxed to the court and opposing counsel on the day before a hearing is scheduled, and the judge will often proceed to hear arguments as planned.
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