and just who is it that's forcing you to endure this thread?
Just one point: it doesn't mean it is over yet. Notice in the ruling how appeals can be sent to Judge Dimitrouleas over the next five business days.
Just one point: it doesn't mean it is over yet. Notice in the ruling how appeals can be sent to Judge Dimitrouleas over the next five business days.
However, it would be quite extraordinary for the Federal Judge to overrule the Magistrate. It does appear that the magistrate researched this entire issue very throughly and his recommendation was well thought out with much case law cited to support his recommendation. This recommendation was based on previous court decisions and not just some whim of the Magistrate. Absent some new shocking evidence presented by the plaintiffs, the Federal Judge will defer to the Magistrate's Recommendation as he is the one was charged with the duty to research the issue at hand. Great deference is given to the lower courts on these assignments. I highly doubt that this recommendation will be overturned at the Federal Judge level.
However, it would be quite extraordinary for the Federal Judge to overrule the Magistrate. It does appear that the magistrate researched this entire issue very throughly and his recommendation was well thought out with much case law cited to support his recommendation. This recommendation was based on previous court decisions and not just some whim of the Magistrate. Absent some new shocking evidence presented by the plaintiffs, the Federal Judge will defer to the Magistrate's Recommendation as he is the one was charged with the duty to research the issue at hand. Great deference is given to the lower courts on these assignments. I highly doubt that this recommendation will be overturned at the Federal Judge level.