JustAnAustralian Posted September 8, 2021 Posted September 8, 2021 Response was lodged several days ago https://storage.courtlistener.com/recap/gov.uscourts.wyd.58574/gov.uscourts.wyd.58574.13.0.pdf 2
smac97 Posted September 8, 2021 Author Posted September 8, 2021 5 hours ago, JustAnAustralian said: Response was lodged several days ago https://storage.courtlistener.com/recap/gov.uscourts.wyd.58574/gov.uscourts.wyd.58574.13.0.pdf I was not surprised to see the Church file an Answer instead of seeking dismissal of the case via a Motion to Dismiss. A Motion to Dismiss is useful when the Church is going to win on the law, such that the Church does not need to address the factual allegations. In this case, however, the facts appear to be very much in dispute, such that a Motion to Dismiss would have been a waste of time. Thanks, -Smac
Scott Lloyd Posted September 8, 2021 Posted September 8, 2021 7 hours ago, JustAnAustralian said: Response was lodged several days ago https://storage.courtlistener.com/recap/gov.uscourts.wyd.58574/gov.uscourts.wyd.58574.13.0.pdf 36 minutes ago, smac97 said: I was not surprised to see the Church file an Answer instead of seeking dismissal of the case via a Motion to Dismiss. A Motion to Dismiss is useful when the Church is going to win on the law, such that the Church does not need to address the factual allegations. In this case, however, the facts appear to be very much in dispute, such that a Motion to Dismiss would have been a waste of time. Thanks, -Smac A little thing, but in all official written uses of the Church’s name, the term “Latter-day” is hyphenated, with a lower-case d. I wonder why the Church’s own attorneys did not follow that standard style in this filing.
smac97 Posted September 8, 2021 Author Posted September 8, 2021 50 minutes ago, Scott Lloyd said: A little thing, but in all official written uses of the Church’s name, the term “Latter-day” is hyphenated, with a lower-case d. I wonder why the Church’s own attorneys did not follow that standard style in this filing. The lawsuit was filed in Wyoming. The Answer was likely drafted by the Wyoming attorney, Lucas Buckley. The Utah attorney listed on the Answer, Larry Laycock, graduated from BYU law school, and so would certainly have been dialed in. But he didn't draft the thing, and probably did not pay much attention to it since it's almost a pro forma filing. Thanks, -Smac 2
JustAnAustralian Posted October 26, 2021 Posted October 26, 2021 In for the long haul it seems. Discovery required by July 2022, Jury trial set for March 2023.
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