#fldeo — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #fldeo, aggregated by home.social.
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The results are in:
https://mathstodon.xyz/@Arpie4Math/110474293571938709• Judge Walker does not recuse as current-news-based hypotheticals are not indicative of bias or prejudgement, just indicative that Judge Walker is paying attention
AND
• Judge Walker "out of an abundance of caution" recuses, over 30 shares of stock belatedly discovered BY THE JUDGE to be owned by some not-very-close relation.❝[The motion by #DeSantis, #FLDEO, and #CFTOD] is without merit. My use of hypothetical questions referencing facts related to this case, in an earlier case also dealing with the motivations of political actors (including some of the same actors here), cannot raise a substantial doubt about my impartiality in the mind of a fully informed, disinterested lay person.
❝Without exploring all the other defects in the motion, for the reasons noted above and as thoughtfully outlined in [#Disney]’s response, Defendants’ motion is wholly without merit. In fact, I find the motion is nothing more than rank judge-shopping. Sadly, this practice has become all too common in this district.
❝On Friday, May 26, 2023, I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff’s parent corporation, The Walt Disney Company.
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The results are in:
https://mathstodon.xyz/@Arpie4Math/110474293571938709• Judge Walker does not recuse as current-news-based hypotheticals are not indicative of bias or prejudgement, just indicative that Judge Walker is paying attention
AND
• Judge Walker "out of an abundance of caution" recuses, over 30 shares of stock belatedly discovered BY THE JUDGE to be owned by some not-very-close relation.❝[The motion by #DeSantis, #FLDEO, and #CFTOD] is without merit. My use of hypothetical questions referencing facts related to this case, in an earlier case also dealing with the motivations of political actors (including some of the same actors here), cannot raise a substantial doubt about my impartiality in the mind of a fully informed, disinterested lay person.
❝Without exploring all the other defects in the motion, for the reasons noted above and as thoughtfully outlined in [#Disney]’s response, Defendants’ motion is wholly without merit. In fact, I find the motion is nothing more than rank judge-shopping. Sadly, this practice has become all too common in this district.
❝On Friday, May 26, 2023, I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff’s parent corporation, The Walt Disney Company.
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Update in Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, 4:23-cv-00163, (N.D. Fla.)
Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/On Thursday, #Disney argued against the motion by #DeSantis, #FLDEO, and #CFTOD that seeks to disqualify Chief Judge Walker from hearing the case over contracts executed by #RCID (Doc 43).
In the main, Disney argues that DeSantis and co. are making a mountain out of a molehill and that the law doesn't endorse such a “hair-trigger disqualification standard.”
Disney points to the cartoonish demonstration of bias in the cases cited by the Defendants and argues there is no parallel:
❝Defendants instead base their motion on two year-old hypothetical questions during prior judicial proceedings where the Court accurately referred to widely-publicized statements from Florida legislators about their intent to change the governing structure of the Reedy Creek Improvement District (“RCID”) specifically because Disney expressed a political viewpoint disfavored by the legislators. The Court did not make any findings about those statements, but simply invoked them during oral arguments as examples to test arguments being advanced by counsel addressing different issues under different factual records.
Also, “the Court recently ruled in favor of the relevant State defendants in the very cases cited by defendants here as evidence of potential bias against them. Far from proving bias, the cases confirm the Court’s impartiality. The motion to disqualify should be denied.”
Disney goes on to show more context for the innocuous use by Judge Walker of news reports about the DeSantis-Disney feud, because contextomy is the tool of the scoundrel.
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IANAL, but I see 5 ways this motion to disqualify could go:
• Judge Walker does not recuse as current-news-based hypotheticals are not indicative of bias or prejudgement, just indicative that Judge Walker is paying attention
• Judge Walker declares the motion untimely, as DeSantis has not denied that he is in a retaliatory war with Disney, a fact so obvious that DeSantis should stipulate it or face sanctions for prolonging the proceedings.
• Judge Walker finds technical fault with the transcript excerpts in that without more transcript how are we to know Judge Walker introduced discussion of Disney, as the Governors March 2022 anti-Disney campaign might have been a subject for rhetoric by either plaintiff in the cited cases. (I know I certainly wanted to read more)
• Judge Walker finds some other way to criticize the motion
• Judge Walker "out of an abundance of caution" recuses, basically caving to expected bullying from elements of the 11th Circuit despite a duty not to recuse for frivolous reasons————
Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, 4:23-cv-00163, (N.D. Fla.)
Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/On Friday, #DeSantis, #FLDEO, and #CFTOD file a motion (Doc 33) to disqualify Chief Judge Mark E. Walker from the lawsuit filed by #Disney in federal court.
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IANAL, but I see 5 ways this motion to disqualify could go:
• Judge Walker does not recuse as current-news-based hypotheticals are not indicative of bias or prejudgement, just indicative that Judge Walker is paying attention
• Judge Walker declares the motion untimely, as DeSantis has not denied that he is in a retaliatory war with Disney, a fact so obvious that DeSantis should stipulate it or face sanctions for prolonging the proceedings.
• Judge Walker finds technical fault with the transcript excerpts in that without more transcript how are we to know Judge Walker introduced discussion of Disney, as the Governors March 2022 anti-Disney campaign might have been a subject for rhetoric by either plaintiff in the cited cases. (I know I certainly wanted to read more)
• Judge Walker finds some other way to criticize the motion
• Judge Walker "out of an abundance of caution" recuses, basically caving to expected bullying from elements of the 11th Circuit despite a duty not to recuse for frivolous reasons————
Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, 4:23-cv-00163, (N.D. Fla.)
Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/On Friday, #DeSantis, #FLDEO, and #CFTOD file a motion (Doc 33) to disqualify Chief Judge Mark E. Walker from the lawsuit filed by #Disney in federal court.
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2023-CA-011818-O : Central Florida Tourism Oversight District vs. Walt Disney Parks and Resorts U.S., Inc, (9th Circuit/Orange County) Records can be accessed at:
https://myeclerk.myorangeclerk.com/Cases/Search?caseType=CV&caseTypeDesc=Civil%20Case%20RecordsToday, #Disney lawyers (the same local firm as in their federal case) appeared for the first time in the #CFTOD state lawsuit attempting to void the contracts with #RCID. Possibly this means an answer, motion to dismiss, removal to federal court, or other filing is going to appeal in the next 3 weeks. (I expect removal and I expect it much earlier.) No idea if this appearance is subsequent to the service of the complaint on Disney.
Walt Disney Parks and Resorts U.S. Inc. v. #DeSantis (4:23-cv-00163) District Court, N.D. Florida
Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/The court in Disney's federal lawsuit against CFTOD, DeSantis, and #FLDEO is meanwhile dealing with the type of pro se "intervenor" who really just wants to be heard on an unrelated issue. Famous lawsuits and parties (I'm looking at you, Mr. Trump) tend to attract these.
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2023-CA-011818-O : Central Florida Tourism Oversight District vs. Walt Disney Parks and Resorts U.S., Inc, (9th Circuit/Orange County) Records can be accessed at:
https://myeclerk.myorangeclerk.com/Cases/Search?caseType=CV&caseTypeDesc=Civil%20Case%20RecordsToday, #Disney lawyers (the same local firm as in their federal case) appeared for the first time in the #CFTOD state lawsuit attempting to void the contracts with #RCID. Possibly this means an answer, motion to dismiss, removal to federal court, or other filing is going to appeal in the next 3 weeks. (I expect removal and I expect it much earlier.) No idea if this appearance is subsequent to the service of the complaint on Disney.
Walt Disney Parks and Resorts U.S. Inc. v. #DeSantis (4:23-cv-00163) District Court, N.D. Florida
Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/The court in Disney's federal lawsuit against CFTOD, DeSantis, and #FLDEO is meanwhile dealing with the type of pro se "intervenor" who really just wants to be heard on an unrelated issue. Famous lawsuits and parties (I'm looking at you, Mr. Trump) tend to attract these.