Friday, January 04, 2008

Court calendar in New York has been updated

We just received the following notice from the automatic warning system concerning the case between Alinghi and BMW Oracle in the New York Supreme Court. Despite the apparent lack of activity there seems to be a lot of paperwork going back and forth in the case that will decide the future of the 33rd America's Cup.

APPEARANCE INFORMATION ADDED
Motion Appearance date 01/11/2008
Court Part is COMMERCIAL SUBMISSION CAL
Before Justice CAHN
Action Type

APPEARANCE INFORMATION UPDATED
Motion Appearance date 01/04/2008
Action Type ADJOURNED


On January 11, there will be another calendar call, much like the one today. As we explained on the 31st of December, at a calendar call, the Court clerk calls each motion returnable on that date, collects relevant papers and then distributes them to the Judge.

At today's calendar call, GGYC formally filed their opposition papers. The Court clerk then automatically scheduled the January 11 calendar call because they are accustomed to parties filing reply papers, in addition to the briefs that SNG and GGYC already submitted.

However, SNG is not permitted to file reply papers on the 11th on its motion for leave to renew and reargue, because it requested that the motion be returnable only eight days from the date they served it. But the clerks do not consider this issue when they automatically schedule these administrative events.

As previously advised there was no oral argument today, nor is any expected on January 11. Still, with Alinghi not being able to file any papers on that date and BMW Oracle having just filed theirs, we can't see what will be filed on the 11th.

There will be oral argument at the hearing on January 14.

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