Guest guest Posted May 5, 2002 Report Share Posted May 5, 2002 ----- Original Message ----- From: " ilena rose " <ilena@...> <Recipient List Suppressed:;> Sent: Sunday, May 05, 2002 12:15 AM Subject: Update from TCC > ~~~ thanks bonny ~~~ > > http://www.tortcomm.org/ > > Welcome to the Tort Claimants Committee website, last updated on April 29, > 2002. > Current Events > > Updated April 29, 2002: > > As of today, the 6th Circuit Court of Appeals has not issue their ruling on > the pending motion by the U.S. Government to rehear the appeals. We do not > know what is causing the delay. As soon as we are informed of the ruling, > we will post it on the TCC website. > > Updated April 8, 2002: > > The TCC has received many questions from claimants asking " Where are we > with the appeals? What is happening with this case and when will it ever be > over? " Below is an update on the case and the appeals: > > Judge Page Hood held an informal status conference with the parties > on February 11, 2002 in Detroit, Michigan. A schedule to submit briefs on > additional " findings of fact " was discussed, and the parties stated that > they would submit a proposed scheduling order. Proposed schedules were > submitted. However, before a final scheduling order could be entered, the > U.S. Government filed a " Petition For Rehearing And Suggestion For > Rehearing En Banc " to the 6th Circuit Court of Appeals. The petition asks > the 6th Circuit to hold another hearing of the full panel ( " en banc " means > the full panel of all judges on the 6th Circuit Court) to rehear the > arguments on whether the Plan of Reorganization can release claims of > insurers or third parties. The 6th Circuit has already ruled on these > issues in its January 29, 2002 order, but the U.S. Government's petition > asks that the court reconsider and overturn its earlier ruling. > > Under Rule 35(a) of the Rules of Appellate Procedure, such petitions are > " not favored and ordinarily will not be entered. " Under the Court's rules, > the 6th Circuit has 14 days to reconsider. As soon as we are made aware of > whether the 6th Circuit has agreed to rehear the case, we will post news on > the TCC website. > > Until the 6th Circuit rules on the pending petition filed by the U.S. > Government, Judge Hood does not have jurisdiction over the U.S. > Government's objections to the Plan. As a result, no scheduling order has > been entered, and a date for a hearing before Judge Hood has not been set. > If the 6th Circuit declines to rehear the case, we anticipate that Judge > Hood will then issue a scheduling order and set a date for a hearing. We > will post any news of a hearing on the TCC website. > > Unfortunately, there will be unexpected delay in the appellate process. The > TCC has and will continue to remind the courts of the lengthy delay that > claimants have endured and urge them to expedite the appeals. Please direct > any questions to this website. > > Quote Link to comment Share on other sites More sharing options...
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