The Impact Defendants recently filed a Motion for Protective Order seeking to stay discovery the Department has filed. Their Motion to Dismiss the Department's verified complaint is pending, and will be heard on November 2, 2009, at 4:00 PM.
They argued that if they prevail on the Motion to Dismiss, then answering the discovery is an unnecessary burden. The judge denied their motion, and gave them 14 days to answer the Department's discovery.
Defendant Trevor Walker also argued his Motion to Dismiss. Because he had filed a new brief late Friday, the Judge gave the Department 14 days to file a response to the new brief. The judge will review the briefing and rule some time soon thereafter.