Tuesday, March 24, 2009

Gertner denies motion to reconsider webcast order as untimely, unnecessary

Judge Nancy Gertner has denied Joel Tenenbaum's motion for reconsideration of the webcast order that he won, ruling both that it was "late and without basis as he previously prevailed on the narrowcast issue in this Court." Full order here:
Judge Nancy Gertner: Electronic ORDER entered. The Defendant's Motion for Extension of Time [786] and Motion for Reconsideration [787] are DENIED. The Plaintiffs have declined to move for reconsideration of the Court's January 14, 2009 Order, preferring to rely on the pending proceedings in the First Circuit. While the Defendant has moved to reconsider, his motion is late and without basis as he previously prevailed on the narrowcast issue in this Court. The First Circuit has set a date for oral argument, currently scheduled for April 8, 2009, at 9:00 a.m., and has solicited amicus briefs. Significantly, given the nature of this appeal -- whether the district court may "narrowcast" a legal argument -- the First Circuit has indicated that the argument before it will be audiotaped and posted online after the fact. See First Circuit Calendaring Notice, March 10, 2009, Case No. 09-1090. There is no equivalent in the district court, hence the litigation in this case. (Gertner, Nancy)
Judge Gertner notes that the First Circuit's oral argument on the webcast issue will be available over the Internet. True, but how is that relevant to the issue addressed in her order (except, perhaps, as an expression of pique)? Keep in mind that Judge Gertner has quite a history with the First Circuit on the issue of judicial interaction with the media.

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