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Meyers vs Schmitz


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#211 ChicagoRonin70

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Posted 09 October 2017 - 09:02 PM

I couldn't open either link in Chrome.


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#212 Gamma

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Posted 10 October 2017 - 02:25 AM

We would need to ask, if a non-resident obtained an Illinois CCL and then moved to Illinois, do they still have a valid license or will they need to reapply as a resident?

Since this was bumped, I started re-reading the thread and this caught my attention. I wonder if this situation has occurred and what the result was?
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#213 TomKoz

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Posted 10 October 2017 - 07:27 AM

We would need to ask, if a non-resident obtained an Illinois CCL and then moved to Illinois, do they still have a valid license or will they need to reapply as a resident?

Since this was bumped, I started re-reading the thread and this caught my attention. I wonder if this situation has occurred and what the result was?

Simple. They would lose their CCL. Anyone that moves TO Illinois could not possibly pass a mental fitness test!!
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#214 JTHunter

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Posted 10 October 2017 - 02:02 PM

 

 

We would need to ask, if a non-resident obtained an Illinois CCL and then moved to Illinois, do they still have a valid license or will they need to reapply as a resident?

Since this was bumped, I started re-reading the thread and this caught my attention. I wonder if this situation has occurred and what the result was?

Simple. They would lose their CCL. Anyone that moves TO Illinois could not possibly pass a mental fitness test!!

 

 

Definitely not!! :pinch:  :no:  :rofl:


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#215 jmeyers

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Posted 20 November 2017 - 04:06 PM

Due to the work schedule and holidays and yada yada yada, we ask for 39 day extension up to and including January 19, 2018

 

Love, State of Illinois



#216 jmeyers

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Posted 06 January 2018 - 05:44 AM

No surprise here, just as with Culp, The state has filed for and was granted a Motion of Time Extension again (3rd one) to Feb 22 by the Illinois Appellate Courts



#217 JTHunter

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Posted 07 January 2018 - 09:34 PM

No surprise here, just as with Culp, The state has filed for and was granted a Motion of Time Extension again (3rd one) to Feb 22 by the Illinois Appellate Courts

 

Good grief !!


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#218 jmeyers

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Posted 20 February 2018 - 06:03 PM

Once again, no surprise here, just as in Culp v Madigan, the state has filed for and was granted a Time Extension (4th one) to March 29 by the Illinois Appellate Courts.

 

This time the reason was as follows:

Due to the sensitive nature of this proceeding I have been informed that one of the supervisors who must review the draft will be unavailable for the next two weeks because of his involvement in a case before the US Supreme Court.  Accordingly I must request an additional extension of time of 35 days to ensure that there is adequate time for our internal review, as well as our client review.  

 

Moreover, I also need to turn my attention to a brief that is due on a final extension on March 6, 208 in the Appellate Courts.  In addition to completing the brief in this case, I will need to draft the brief in the case referenced above.

 

The Defendant-Appellee has requested three previous extensions of time to file his brief.  He seeks not to delay this appeal unnecessarily, but instead to ensure that his counsel submits a brief that represents the states interests and is as thorough and helpful tho this Court as possible.


Edited by jmeyers, 20 February 2018 - 06:03 PM.


#219 Gamma

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Posted 21 February 2018 - 03:07 AM

Even after the warning after the last extension... and the court caved in again. The state has had what, 6 months to work on this?

Pathetic state.

Pathetic courts.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#220 jmeyers

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Posted 21 February 2018 - 07:49 AM

The filing was October 8, so they have had since that date to file their response on Appeal



#221 jmeyers

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Posted 20 March 2018 - 05:08 AM

Well, we are back again, at 10 days til the due date, the AG has blessed us with requesting another 35 day extension due to extension.  Once the court signs a order agreeing or denying it, I will update.



#222 bmyers

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Posted 20 March 2018 - 08:55 AM

Wow, they will just keep asking for extensions hoping that you die before the case goes to trial.



#223 jmeyers

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Posted 20 March 2018 - 12:07 PM

Here is Illinois Motion for Extension, and our Objection.  We are now waiting for the court to issue an order.

Attached Files



#224 skinnyb82

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Posted 20 March 2018 - 03:24 PM

Last I checked, having an unmanageable caseload isn't an excuse for slow rolling anything. It's an ethical violation.
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#225 MSD

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Posted 20 March 2018 - 09:30 PM

Last I checked, having an unmanageable caseload isn't an excuse for slow rolling anything. It's an ethical violation.

I get the point and realize that the Ag's office (If I recall it is the AG's office, sorry if I am wrong) is probably milking it.  However, it is sometimes unfair to hold an assistant AG or assistant state's attorney to an ethical violation concept.  I know the rules of professional conduct and even the ABA model rules support your assertion.  However, neither an assistant AG or state's attorney can control their caseload.  I am not saying that some don't abuse the leeway often granted by a court.  However, the choice faced is deal with the workload or quit your job and go to private practice.  They don't have the ability to simply turn down a case.



#226 Frank

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Posted 20 March 2018 - 10:02 PM

For some reason, I don't think these kind of shenanigans would fly in federal court...


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#227 jmeyers

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Posted 21 March 2018 - 05:19 AM

Unfortunately Frank they do,  go take a gander over at the Culp v Madigan.  Its on the 5 or 6th Extension by the AG on Appeal for a brief, however the Federal court finally did draw a line and give a final order, which we are hoping comes out of this objection.



#228 skinnyb82

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Posted 21 March 2018 - 07:06 AM

Last I checked, having an unmanageable caseload isn't an excuse for slow rolling anything. It's an ethical violation.

I get the point and realize that the Ag's office (If I recall it is the AG's office, sorry if I am wrong) is probably milking it.  However, it is sometimes unfair to hold an assistant AG or assistant state's attorney to an ethical violation concept.  I know the rules of professional conduct and even the ABA model rules support your assertion.  However, neither an assistant AG or state's attorney can control their caseload.  I am not saying that some don't abuse the leeway often granted by a court.  However, the choice faced is deal with the workload or quit your job and go to private practice.  They don't have the ability to simply turn down a case.

The buck stops with Lisa. I wouldn't advocate ARDC proceedings to suspend or disbar an AAG who's simply been directed to handle a case. I'd advocate for ARDC proceedings against Lisa herself for multiple reasons. This not even being close to the most egregious violation. She's busy going after Trump when she should be going added ISP for screwing with FOOD and CCL issuance. Or...Chicago for ignoring preemption. Or or or. I simply made the point that it isn't an excuse because courts keep accepting it as an excuse. Show cause order, demand the AAG's superior to appear and explain why these AAGs have unmanageable caseloads or face contempt citation.
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#229 jmeyers

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Posted 21 March 2018 - 08:40 AM

BEST News ever coming out of Illinois Today

 

This court being fully advised, IT IS ORDERED that appellee's fifth Motion for Extension of Time to File is DENIED.  Brief is due March 29, 2018

Attached Files



#230 tkroenlein

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Posted 21 March 2018 - 09:04 AM

BEST News ever coming out of Illinois Today
 
This court being fully advised, IT IS ORDERED that appellee's fifth Motion for Extension of Time to File is DENIED.  Brief is due March 29, 2018


Awesome!

#231 cls74

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Posted 21 March 2018 - 09:24 AM

BEST News ever coming out of Illinois Today

 

This court being fully advised, IT IS ORDERED that appellee's fifth Motion for Extension of Time to File is DENIED.  Brief is due March 29, 2018

Congrats!

 

I was wondering what would happen if they dis get another extension and then tried to do an end around stating Lisa will be leaving office shortly yada yada yada



#232 MSD

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Posted 21 March 2018 - 10:14 AM

 

 

Last I checked, having an unmanageable caseload isn't an excuse for slow rolling anything. It's an ethical violation.

I get the point and realize that the Ag's office (If I recall it is the AG's office, sorry if I am wrong) is probably milking it.  However, it is sometimes unfair to hold an assistant AG or assistant state's attorney to an ethical violation concept.  I know the rules of professional conduct and even the ABA model rules support your assertion.  However, neither an assistant AG or state's attorney can control their caseload.  I am not saying that some don't abuse the leeway often granted by a court.  However, the choice faced is deal with the workload or quit your job and go to private practice.  They don't have the ability to simply turn down a case.

The buck stops with Lisa. I wouldn't advocate ARDC proceedings to suspend or disbar an AAG who's simply been directed to handle a case. I'd advocate for ARDC proceedings against Lisa herself for multiple reasons. This not even being close to the most egregious violation. She's busy going after Trump when she should be going added ISP for screwing with FOOD and CCL issuance. Or...Chicago for ignoring preemption. Or or or. I simply made the point that it isn't an excuse because courts keep accepting it as an excuse. Show cause order, demand the AAG's superior to appear and explain why these AAGs have unmanageable caseloads or face contempt citation.

 

 I completely agree. 



#233 bmyers

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Posted 21 March 2018 - 10:21 AM

Great news!



#234 ChicagoRonin70

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Posted 23 March 2018 - 08:17 PM

BEST News ever coming out of Illinois Today

 

This court being fully advised, IT IS ORDERED that appellee's fifth Motion for Extension of Time to File is DENIED.  Brief is due March 29, 2018

 

So, if the brief is not produced by the deadline, does that mean the case is forfeited and ruled in favor of the plaintiff?

 

What are the ramifications of that if it happens?


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#235 tkroenlein

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Posted 23 March 2018 - 08:32 PM

I'm sure they'll produce a brief. If they write it in ten minutes or ten years it'll read like a 3 year old explaining why they need 10 more cookies.

#236 Gamma

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Posted 24 March 2018 - 01:07 PM

BEST News ever coming out of Illinois Today
 
This court being fully advised, IT IS ORDERED that appellee's fifth Motion for Extension of Time to File is DENIED.  Brief is due March 29, 2018

So, if the brief is not produced by the deadline, does that mean the case is forfeited and ruled in favor of the plaintiff?
What are the ramifications of that if it happens?

They claimed last time that their brief was completed, just that the supervisor hadn't had time to review it.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#237 skinnyb82

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Posted 25 March 2018 - 06:10 AM

So, if the brief is not produced by the deadline, does that mean the case is forfeited and ruled in favor of the plaintiff?
 
What are the ramifications of that if it happens?


Judge could issue a show cause order as to why the state defendant(a) should not be held in contempt. Judge could simply say "I gave you AMPLE opportunity to file this brief, you didn't, so we will proceed without the benefit of your brief." Depends on how p***** the judge is.
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#238 jmeyers

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Posted 26 March 2018 - 05:59 AM

Keep in mind, because this is the Appellate Brief, we unfortunately dont know who any of the judges on the 3 judge panel are as of yet, and won't until its set for oral arguments after the briefs are all submitted however the makeup of the 4th District Appellate Court appears to be very favorable.



#239 cls74

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Posted 29 March 2018 - 07:02 AM

They'll wait for the final second of the final minute before sending it.

 

How long of a wait do you expect the next step to take?



#240 kwc

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Posted 29 March 2018 - 08:42 PM

Today’s the day. Did the state make the deadline and submit a brief?
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