November 1, 2011
By Adam Bink
As Alan E asks in the comments, who is Gage Raley (from Japan?) It’s a good question, but here’s the brief Gage filed seeking to have Judge Walker’s decision overturned. Kind of late to the party, but there it is.
Update: Courtesy of peterplumber in the comments, our side just filed this:
Dear Ms. Dwyer:
On behalf of Plaintiffs-Appellees, I write to correct the record concerning the motion to file an untimely amicus brief submitted by Mr. Gage Raley. In his motion, Mr. Raley represents that “[b]oth parties have granted their consent to the filing of this amicus brief.” Mtn. at 2. Mr. Raley is mistaken. Plaintiffs-Appellees have not consented to the filing of Mr. Raley’s untimely brief. Rather, Plaintiffs-Appellees informed Mr. Raley that the parties previously had consented to those amicus briefs that complied with this Court’s rules. Because Mr. Raley’s brief is filed long after the deadline established by the Court for the submission of amicus briefs, it does not comply with the Court’s rules and Plaintiffs-Appellees do not consent to its filing.
/s/ Theodore B. Olson
Theodore B. Olson
Attorneys for Plaintiffs-Appellees