Breaking: Judge in Boris Berian Case Needs Another Week Ruling Delayed until Next Wednesday

coach d wrote:

It's after 7:30 ET. Where's the Beef?

Judges rarely arrive on time in my experience.

reed wrote:

coach d wrote:

It's after 7:30 ET. Where's the Beef?

Harrumph!!!

Judge J wrote:

coach d wrote:

It's after 7:30 ET. Where's the Beef?

Judges rarely arrive on time in my experience.

A judge is never late, nor is he early, he arrives precisely when he means to.

Judge J wrote:

coach d wrote:

It's after 7:30 ET. Where's the Beef?

Judges rarely arrive on time in my experience.

The Judge won't be arriving anywhere. There will be a decision issued by ECF. The lawyers will get a bounce first. You can compulsively check pacer otherwise unless you set up an alert.

Also the decision likely will say "Berian allowed to compete ... full opinion to be delivered at a later time"

Doc Brown wrote:

Judge J wrote:

Judges rarely arrive on time in my experience.

The Judge won't be arriving anywhere. There will be a decision issued by ECF. The lawyers will get a bounce first. You can compulsively check pacer otherwise unless you set up an alert.

Well then, care to check pacer for us?

Nothing, but here are the minutes from the hearing:

Full docket text for document 36:

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Preliminary Injunction [6]. Judge Marco A. Hernandez presiding. At request of both sides, all documents filed as part of this case to date are considered to be evidence, and are received by the Court. Evidence is closed; the matter is argued and taken under advisement as of 6/22/2016. The Court states that the Temporary Restraining Order is expired. Kennon H. Scott, Per A. Ramfjord, and Robert Leinwandte counsel) present as counsel for plaintiff(s). Vincent C. Ewing, William P. Ferranti present as counsel for defendant(s). Court Reporter: Nancy Walker. (mr)

Restraining order has been dropped

According to LRC twitter:

1 minute ago

Nike Berian ruling delayed until next Wednesday. Judge Hernandez needs more time

0 retweets 1 like

reed wrote:

Restraining order has been dropped

Please explain

more more wrote:

reed wrote:

Restraining order has been dropped

Please explain

Meaning he can compete again (most importantly at the trials).

The temporary restraining order was keeping berian from doing running in non-nike gear until today. Now he can do whatever he wants until possibly the preliminary injunction is finally decided.

Berian in the trials wrote:

more more wrote:

Please explain

Meaning he can compete again (most importantly at the trials).

And he can run in clothes that he chooses. Doesn't have to run naked to make Nike happy. It would be best to avoid NB stuff until the 180 days is up. Maybe he can tape over the logos to be on the safe side.

Berian in the trials wrote:

more more wrote:

Please explain

Meaning he can compete again (most importantly at the trials).

No celebrating yet. Judge indicated he will rule on Wednesday, which is before the trials.

But BB could get in a tune-up this weekend in Big Bear gear without being in contempt.

TROs have limited duration and this one has expired as stated by judge during hearing and as reflected in minutes.

need a lawyer wrote:

According to LRC twitter:

1 minute ago

Nike Berian ruling delayed until next Wednesday. Judge Hernandez needs more time

0 retweets 1 like

I believe that's 181 days into the year. Maybe coincidence but worth mentioning.

Clothed Runner wrote:

Berian in the trials wrote:

Meaning he can compete again (most importantly at the trials).

And he can run in clothes that he chooses. Doesn't have to run naked to make Nike happy. It would be best to avoid NB stuff until the 180 days is up. Maybe he can tape over the logos to be on the safe side.

The 180 days is meaningless now. Stop mentioning it.

I wonder if the judge is giving the parties time to reach a deal.

Must be tough wrote:

I wonder if the judge is giving the parties time to reach a deal.

I wonder if the judge wants to see if uncle pools check clears. Sort of joking but it didn't sound like the hearing was going well for Nike. How hard would it be for someone to bribe one of these judges?

Must be tough wrote:

The 180 days is meaningless now. Stop mentioning it.

I wonder if the judge is giving the parties time to reach a deal.

180 days!!! 180 days!!! 180 days!!!

180 days!!! .... 181 days!!! 181 days!!! 181 days!!!

No celebrating yet, but today's outcome does not appear good for Nike. The Judge stating he believes he knows what he wants to do, and then stating the TRO is expired suggests Nike is unlikely to get their Preliminary Injunction. Under FRCP 65(b), the judge could have extended the TRO if Nike had shown good cause - apparently they did not. It makes no sense for the judge to allow the TRO to expire if he is just going to order essentially the same thing in an injunction in a week. If he did that, he would just be creating a week long window for Berian to to what he wants, and then shutting him down again. Of course, the judge can change his mind, but right now I do not think Nike is going to get their injunction when the judge issues his ruling.