Bar Buzz made a big mistake last week, relying on a press release when we should know better. We are now pleased to report that in addition to attorney Kathy Kimmel, Magistrate Judge Leo Brisbois also received a 2018 Wallace-Lerner Award for Excellence in Leadership. Brisbois was associate editor of the Hamline Law Review during his time in law school. After graduating in 1987, Brisbois served as assistant staff judge advocate in the U.S. Army in Germany. He returned to Minnesota in 1991 and worked in private practice for nearly two decades. In 2010, Brisbois became the first Native American to be appointed as a magistrate judge in Minnesota. Bar Buzz is stung by its error.
Order regarding typeface
The mortgage crisis and resulting bankruptcy of Residential Funding Corp. continues to play out in federal court. It’s one of those dockets that is so long PACER wonders whether you really want the whole thing. Bar Buzz didn’t, but enjoyed a recent Order Regarding Typeface from Judge Susan Nelson.
Plaintiffs complained to the court that in summary judgment and Daubert briefs the defendants used Garamond font rather than Times New Roman, thus obtaining a 10-page extension of the page limit. The defendants retorted that Garamond is not prohibited by the rules or court order. That’s true, said Nelson, noting that the defendants did use the 13-point font as required. But the defendants did gain six pages of substantive argument by using the font, and Nelson granted the plaintiffs six pages to be used in forthcoming findings. Good thing that’s settled.
Continuing, Nelson said, “Also, because the undersigned judge prefers the use of Times New Roman typeface, as it is easier to read, all future filings in this consolidated action [In Re: RFC and RESCAP Liquidating trust Litigation], by all parties, including the upcoming opposition and reply memoranda, shall use 13-point, Times New Roman typeface.”
Destiny rides again
No surprise: Ramsey County District Court Chief Judge John H. Guthmann has been assigned to oversee the second round of Destiny Dusosky’s lawsuit against Sen./Lt. Gov. Michelle Fischbach, R-Paynesville.
Dusosky, of Sauk Rapids, is Fischbach’s Senate District 13 constituent. She is suing to remove Fischbach from the Senate on claims that Fischbach can’t simultaneously occupy seats in the legislative and executive branches. Dusosky also claims that because Fischbach is illegitimately a senator, she lacks valid Senate representation.
Guthmann dismissed her earlier suit—brought on virtually identical grounds—on Feb. 12. At the time, he ruled the case was not ripe and that Dusosky demonstrated no particularized injury.
The case has been given a new file number (62-CV-18-2348). Notice of Guthmann’s assignment was copied to Dusosky’s lawyer, Charles Nauen and Fischbach’s attorney, Doug Kelley. Fischbach’s team had not formally responded to the suit as of Thursday.
Guthmann dismissed Dusosky’s case without prejudice, partly because the legislative session had not yet started on Feb. 12 and no Senate business had yet been conducted. He indicated he could entertain a case in which some contested Senate bill passed with Fischbach casting the deciding vote.
Nothing like that has yet happened in the 2018 legislative session. As of the beginning of last week, the Senate had approved only four bills, none of which passed by a margin smaller than 10 votes.
On April 19, as this issue was going to press, the Senate cast votes on six non-controversial bills in a session lasting just 45 minutes. All six passed unanimously.