Thursday, May 28, 2009

May 28, 2009

All Defendants have now either accepted service, or have been served.

Trevor Walker, Barbara Nagel, Steve Cabezud and John Thomson are all appearing pro se, that is, without a lawyer. Nagel, Cabezud and Thomson have not filed an answer, but instead moved to have the complaint dismissed for failure to plead with particularity. In other words, they are saying the complaint did not contain enough information about what the Department believes they did wrong for them to form an intelligent answer. The hearing on that motion is set for June 1, 2009, at 3:00 PM, in Boise, in front of Judge Wilper.

James Catledge and David Brimley also have not answered. They have filed a motion for more definite statement. This is similar to the motions to dismiss, except that Catledge and Brimley are asking for more information, rather than trying to have the case dismissed. This motion is set for hearing on June 8, 2009, in Boise, before Judge Wilper.

Catledge and Brimley are represented by the Boise law firm of Nevin, Benjamin and McKay, and by the Miami law firm of Diaz, Reus & Targ.