“The undersigned was, respectfully, quite upset. After all, the Judge could not have reviewed the Amended Motion to Dismiss because, for unknown reasons, it had not been filed. As such, it was, respectfully, the Judge had been caught in, at best, a misrepresentation, or, at worst, a lie. As such, the undersigned told the Judge words to the effect of “respectfully, Judge, you couldn’t have reviewed the Amended Motion to Dismiss because it had not even been filed.”
In response, the Judge looked at the Court file and said “here it is,” or words to that effect, pointing to the Amended Motion to Dismiss. However, the undersigned immediately told the Judge that the copy of the Amended Motion to Dismiss that he was looking at was attached to the Motion to Vacate, which was filed after the Order was entered. Hence, it was clear the Amended Motion to Dismiss had not been filed as of the date of the Order.”
I had a disturbing hearing today before a local judge. By way of background … this is the only judge in this area who rules upon (and, nearly always) denies motions to dismiss without a hearing. Candidly, I’ve often suspected that the judge does not read these motions to dismiss as carefully as he should. I hate to say it, but I’ve sometimes wondered if he reads them at all.
Anyway, at today’s hearing, I argued that his prior Order denying the Motion to Dismiss should be vacated because he had not ruled on my Amended Motion to Dismiss (which was drafted specifically because he tends to rule on motions to dismiss without a hearing). When he tried saying he had reviewed the Amended Motion and had intended to deny it through his “inartfully” drafted Order, I had no choice but to inform him, in open court, that he could not have read the Amended Motion to Dismiss prior to his Order because the Amended Motion to Dismiss was not even in the Court file.
You can check out the rest with the motion to disqualify here…