In response to my suit against NYPD street body scanners and the motion for preliminary injunction, the city, a day after its response to the motion for preliminary injunction was due, sent the judge a 4-page letter asking the judge to toss the entire case. Nothing surprising in the argument… basically, “we haven’t done anything yet so there’s nothing to sue for, and this Florida guy doesn’t even live here.” Of course, when the city admits that they’re going to begin testing ASAP, and when the complaint clearly indicates that I travel within the city for several weeks a year, this argument is of limited utility.
What *is* surprising is the city’s response by letter. No formal opposition to the motion for injunction, no formal motion to dismiss, just a 4-page “Yeah, nothing to see here, just toss that aside, k?”
Before I had a chance to finish typing my response to their letter, the judge denied their request to dismiss, offering them 2 weeks to file a real motion. The motion for preliminary injunction remains looming. It is unclear whether the judge plans to wait until the motion to dismiss is received to rule on it, but my bet is that he will.
Corbett v. City of New York II – City’s Letter to Dismiss (.pdf)
Corbett v. City of New York II – File a Real Motion Order (.pdf)
Professional Troublemaker ® 
Happy Valentine’s Day Jon! I hope does not involve traveling and up too close and personal with TSA. 🙂
Thanks Susan! No blue shirts today, although I do have a conf call with their attorneys coming up this afternoon… 🙂
No blue shirts, and hopefully you aren’t wearing a red shirt (like short-lived away-team members often do). I continue to have “special awe” about the behavior of the agencies involved and how they try to use “good old boy” tactics to get around legitimate legal challenges. Considering you are just this guy, you know? I find it interesting that with their teams of lawyers, they still need to work around the system in the hope they will do better than in the courtroom.
Reblogged this on RubinoWorld.
SHOCKER: Big brother is forcing citizens to pay fines to fund DHS:
http://massprivatei.blogspot.com/2013/02/shocker-big-brother-is-forcing-citizens.html