Saturday, 23 February 2008

Courthouse Update - Sam's Hearing

So here's what went down at the courthouse today with the hearing regarding Sam Lutfi's restraining order:

Bottom line: at 6pm yesterday, a federal judge agreed that the case be moved to district court. Therefore, Commissioner Goetz today couldn't rule on any thing until the case, if the case, gets remanded/sent back to state court.

However, despite Lutfi not being served by the Wednesday deadline, the restraining order is valid because Jamie Spears went to federal court yesterday and was granted an extension of restraining order until March 17, and therefore lutfi was served in time for that March 17 deadline.

On February 25, the federal judge will review arguments from both Jamie Spears and Jon Eardley to decide if Eardly showed good cause to keep the case with the federal court. Jamie will argue that because Britney was found "to lack the capacity to retain counsel on February 6," Eardley can't legally say he's Britney's lawyer.

Meanwhile Commissioner Goetz said: "We are in a holding pattern until the district court decides which jurisdiction should continue with the case."

When Geraldine Wyle (an attorney recently retained by Jamie Spears for his conservatorship) offered her all of the federal filings, she said: "You keep them. I want to keep the line of demarcation clear so no one thinks I'm over stepping my bounds....for now, we are in a holding pattern till the distrcit court rules on February 25."

Wyle stated that they do not want this case remanded to the feds because "the federal process doesn't really suit a conservatorship."

In response to serving Lutfi after the 48 hour deadline, instead serving him only 21.5 hours before the deadline of court today at 1:30pm, Wyle said this: "Despite our very best efforts - and I mean our very best - Mr. Lutfi did not surface until after the deadline clearly passed."

Addressing Eardly's claim to move the case to the feds, Jeffrey Wexler (of the Luce Forward firm, with Wyle) said: "Since the February 6 ruling form this court stated that Ms. Spears lacks the capacity to retain counsel, that means Mr. Eardley can't file a removal [from state court] on her behalf" because he's not legally her lawyer.

Whew! Did you get all that? I dunno but my non-professional legal opinion is that it sounds messy!

No comments:

BRITNEY CHAT

http://www.meebo.com/rooms