Post by sashimi on Apr 24, 2008 15:04:34 GMT -6
Of course we can all read this several ways, but from my experience (and this early in the case), I would NOT read the Judge's suggestion that the case go to mediation or that NSFOC move for a TRO as a message that he thinks that the case is not going anywhere. In fact, at this juncture, he probably knows very little about the merits of the case (and I doubt he has formulated an opinion either way).
That being said, it sounds like based on the tone and timing of Judge Popejoy's unsolicited comments (reported to me by people who were there as opposed to those reading the newspaper report) he was compelled by Mr. Collins arguements, and understood that there may be a real need to maintain the status quo in that the more the District moves forward, the greater the damage (which could be irreperable).
The fact that the Judge suggested this (again unsolicited) is a good sign that he would strongly consider waiving the bond requirement (he understands this is a suit by taxpayers where a bond would be prohibitive).
That being said, in order to get the TRO, Collins would have to demonstrate that there is a likelihood that NSFOC would prevail at trial which is not an easy burden---but in that this is based on some pretty straight forward facts in regards to the representations made by the District in School pamphlets, sworn legal documents, representations to the Illinois Legislature, the website, etc. , this would not need a lot of discovery or testimony. It is in fact more of a legal question than a factual one. Thus, if the TRO is granted, it would be a good sign that he thinks NSFOC is going to win.
That being said, it sounds like based on the tone and timing of Judge Popejoy's unsolicited comments (reported to me by people who were there as opposed to those reading the newspaper report) he was compelled by Mr. Collins arguements, and understood that there may be a real need to maintain the status quo in that the more the District moves forward, the greater the damage (which could be irreperable).
The fact that the Judge suggested this (again unsolicited) is a good sign that he would strongly consider waiving the bond requirement (he understands this is a suit by taxpayers where a bond would be prohibitive).
That being said, in order to get the TRO, Collins would have to demonstrate that there is a likelihood that NSFOC would prevail at trial which is not an easy burden---but in that this is based on some pretty straight forward facts in regards to the representations made by the District in School pamphlets, sworn legal documents, representations to the Illinois Legislature, the website, etc. , this would not need a lot of discovery or testimony. It is in fact more of a legal question than a factual one. Thus, if the TRO is granted, it would be a good sign that he thinks NSFOC is going to win.
