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And who says us lawyers aren’t people too? Here is a motion (application to the court for you non-lawyers), actually filed in Alabama seeking a continuance of a trial date (ie-an adjournment). I’ve seen them filed before for reasons from medical to vacation, but quite honestly this is the first that I have ever seen for a football game. Check it out. Thanks to Above the Law blog for bringing to it my attention.
This motion was filed yesterday in Jefferson County, Alabama. Enjoy. And, obviously, Roll Tide!
MOTION TO CONTINUE
Comes now Jon B. Terry, as one of the attorneys for the Defendants and would move to
continue the current trial setting of January 4, 2010 and as grounds therefore would aver as
1. This case was set for trial several months ago before certain monumental events occurred
that were beyond the anticipation of the attorneys and the clients.
2. Since the setting of this case, one of the two great college football teams in this State has
reached levels on a national scale that have not been enjoyed by any team in this State in 17 years next preceding the date hereof.
3. Currently, one of the two great teams in this State are playing for a national championship
and has enjoyed an undefeated season and clinched the SEC Title Game.
4. Most of the attorneys representing all of the named Defendants have tickets and reservations to be in Pasadena on the 6th day of January, 2010, which date would conflict with the trial date as travel times and schedules for the game overlap the trial as currently set.
5. In fact, the Honorable Jim Lloyd has children that live in the area and is scheduled to be
with them in California to celebrate the game and the Tide s success.
6. Attempts to resolve this conflict directly with the Plaintiffs has been unfruitful as the
reply has been that they are for the other great team in this State who did not make the playoffs.
Unfortunately, that response remains short-sighted as they may one day find themselves in the
same position that the Defendant attorneys are in and, unfortunately, the BSC Title Game is no
longer scheduled on January 1st, but has been moved to January 7th.
7. In checking with your Honor s Office, it was determined that there are potential quick
dates available during March, the only known conflict being that Jim Lloyd has recently been
elected President of the Birmingham Bar and must attend a conference on March 10-12. Other
than that, the Defendants can be ready to be first out during any available week for trial during the month of February, March, or April and believe that there would be no harm, considering the
magnitude of this event and its impact on this State, and the fact such an event only comes
infrequently during a person s lifetime and is an achievement of such a magnitude that all
involved in this litigation should want everyone to fully participate in this achievement.
8. It is also understood that many of the witness involved are trying to acquire tickets to the
game and/or scheduled to be at the game in Pasadena on January 7th and certainly any juror
selected to participate will likely be preoccupied and not able to devote their full attention to the
case before them during the week of January 4, 2010, and therefore, the parties would be
prejudiced by the distraction caused by such a major event of such significant importance to so
many people in this State.
9. ROLL TIDE!! ( although my secretary is for the other great team of this State, she feels
that I need to attend this championship game!); and may the Longhorns be defeated.
______/s/ Jon B. Terry________________
JON B. TERRY
BAINS & TERRY
Today is Opening Day. No, not baseball opening day and no, not hunting opening day. Today is Snowmobiling Opening Day. Today is the first day that the VAST trails are open since hunting season ended yesterday.
Founded almost 40 years ago, VAST is responsible for the organization of the sport, maintaining and grooming trails. One of the oldest snowmobiling organizations in the U.S., VAST is a non-profit, private group that includes 138 clubs statewide, with over 35,000 members combined. (Taken from VAST’s site)
Beginning today, snowmobile trails throughout the state of Vermont are open for riding. Most of the riding takes place on private lands that landowners generously allow to be used by snowmobilers. Wouldn’t find that in New Jersey now would you? No one here thinks twice if a band of snowmobilers comes riding through their yard. After all, it’s winter. No more so than the rouge cross-country skier or snowshoer that wanders through. Did you know that you can travel from one end of the state to the other solely by snowmobile? How cool is that? We are lucky that we have trails right outside of our door and Tom and Tyler will be off on the snowmobobies (as Tyler used to call them). The side benefit to me, is that I get my cross-country ski trails groomed in the mix. It’s all good.
It’s a very chilly crisp cold morning here on the hill. It is very clear though. The temperatures dropped from 43 yesterday afternoon to 14 this morning. It’s been colder here and will be later this week, but whenever there is a drastic drop, it always feels cold. We’ll be venturing out shortly to let goats out but here’s a picture from our living room window (I know, I am a chicken before I’ve had my coffee). The view is of both Pico and Killington peaks. Killington is the one to the right, Pico on the left. Pretty neat, don’t you think?