In the increasingly stranger than fiction case of Sony v. Tenenbaum, Harvard Professor Charlie Nesson has filed a Notice to "apologize" for not withdrawing his motion to compel deposition of the ubiquitous Matthew Oppenheim.
Here's Ray Beckerman's comment.
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and here is my comment to ray:
ReplyDeleteray, i appreciate your criticism but ask you to note that my motion to compel, which you agree was not frivolous, was a specific request for deposition on the day vacated on judge gertner's calendar by the granting of the stay to accommodate the first circuit. i'm not apologizing for filing it, but rather for not withdrawing it when the january 22 date had passed without resolution of it.
are you thinking there is something damaging to apologizing? as to the propriety of using pacer's "notice" category i am following the plaintiffs' lead.