Quote:
Originally Posted by Gioco
I think the letter modifying the scheduling order gives until July 30 to file a memorandum of law and fact in opposition. If the response contains something unusual, such as an affidavit regarding facts, the USAO might ask for leave to file a response, that could add another couple of weeks; but assuming that does not happen, the judge (and his clerk) would review the memo's, probably do a little legal research of their own and write a decision and order. Give them 30 days or so to do that and you're at Sept. 1. Then the losing parties have 30 (normal persons) or 60 (the USA) days to file an appeal (I am assuming the order would be a final appealable decision and that the forfeiture statute doesn't change the normal appeal time, I'm too lazy and old to research all that) (the order isn't really final for clear title purposes until that appeal time expires or a party irrevocably waives their right to appeal). So we're at Oct. 1 or Nov. 1. just to clear title of filed claims. I think that assumes everything going well, if the judge went on vacation for August, add a month; if the judge ruled in favor of the claimants; i.e. denied the motions, all bets are off. There are about a zillion other variables that could change things but, assuming the motions are granted in a normal fashion, I would think around October 1 is a probable date for the motions to dismiss to be resolved.
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Are you sure? Isn't and shouldn't there be any reasons that would allow a more optimistic timeline?
I can't believe we would have to wait at least until October.
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