Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
It ain't overrrr
as you might know HTWF's brief was due December 18th. They filed asking for an extension request until Jan 3rd. They also asked to file an extended brief - first 10,000 words and then 12,000. Court did not rule on these requests. HTWF filed their reply on Jan 6th.
Estate just filed a motion asking
- to strike HTWF's reply brief
- to strike parts of exhibits / excerpts of record
- request for sanctions
- dismissal of appeal
They asked for to strike HTWF's reply brief because : HTWF filed their reply later than the extension they asked for (filed it Jan 6th instead of Jan3rd) and they filed an oversized brief even though the court did not allow it.
(Ivy's note: According to court rules a party has to file an extension request one week before due date. Court rules furthermore state if a party asks for an extension and the court doesn't rule on it, the party is expected to file their brief by the extension time they requested. )
They asked for to strike to strike parts of exhibits / excerpts of record because" HTWF included thousand pages of proposed trial exhibits which were never filed with the lower court as the trial did not happen.
And as they violated court rules, Estate is asking HTWF to be sanctioned and their appeal to be dismissed.
(Note: Estate is asking HTWF appeal to be dismissed based on not filing reply brief on time or alternatively stricken the reply brief)