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Old 10-10-2013, 11:27 AM   #61
srt
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Default Nov 5th Hearing

This hearing is in response to the governments motion to dismiss. they have been overturned in their prior two attempts. I have no idea on any way for any dealer input at this point other than a show of presence at the hearing.
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Old 11-04-2013, 10:06 AM   #62
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Default Hearing in Washington

Curious if anyone is planning on attending the hearing this week in Washington? I tried to clear up my calender but it didn't work out. I certainly wish the attorneys all the best and hope the judge is fed up with the government motions to dismiss.
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Old 11-04-2013, 02:47 PM   #63
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Len, is this the governments last chance at a motion to dismiss or appeal? In an ideal world, how do you see the process and time frame playing out from here? Thx
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Old 11-05-2013, 07:46 AM   #64
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I was really trying to get there, but I returned from overseas yesterday. I can not cope with any more!
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Old 11-05-2013, 10:18 AM   #65
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Hearing was supposed to start at 10am. Has anyone heard any news?
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Old 11-05-2013, 10:57 AM   #66
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Quote:
Originally Posted by BRIANC View Post
Len, is this the governments last chance at a motion to dismiss or appeal? In an ideal world, how do you see the process and time frame playing out from here? Thx
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Originally Posted by BRIANC View Post
Hearing was supposed to start at 10am. Has anyone heard any news?
While I'm sure he's busy I'll send Len and email message so he's aware of your posts and hopefully he'll be able to provide us with some updated information.

Your question regarding how many more attempts the government has for a motion to dismiss or appeal is a great one. I'm hoping this is their last shot and they'll lose here just like they lost the last time they tried to get the case dismissed.
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Old 11-05-2013, 08:27 PM   #67
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Just arrived back from DC for the oral argument of the appeal by the US Treasury. We had a good showing of clients at the proceeding today and that is very much appreciated. We had a 3 judge panel. They grilled both sides pretty strenuously. The law is on our side as the complaint we filed asserted a viable "Takings" claim under the 5th Amendment. After the argument of the appeal we went back to the hotel and briefed all of the clients on what they saw and our sense of how things went. We can anticipate a decision in about 3 months. Once the Court affirms the trial court's denial of the Government's motion to dismiss, we can proceed with discovery. The Government can try to appeal to the US Supreme Court, however, it is unlikely it will want to hear an appeal of a denial of dismissal motion. If we are successful on this appeal, there would be no sensible reason for each of the remaining 789 dealers who were rejected not to join this case. Thanks for inquiring.

Regards,
Len
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Old 11-06-2013, 07:57 AM   #68
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Thank you Len. Best of luck to and all the GM and Chrysler dealers that were wronged. The wheels of justice have moved slowly, but the truth will continue to come out.
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Old 11-06-2013, 09:29 AM   #69
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Len, thanks for the update.

It's excellent news to hear that if the Treasury loses this motion to dismiss that their only option for appeal is the Supreme Court. Three months seems like a long time to wait for a decision but at this point we all know how slowly the wheels of justice turn.

It's also good to hear that any of the 789 who were not part of the original suit still have an opportunity to participate.
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Old 02-13-2014, 10:01 AM   #70
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Was there a final ruling?
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Old 02-13-2014, 12:21 PM   #71
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We are still waiting for a ruling. The Appeals Court for the Federal Circuit was closed today due to bad weather. I can't imagine that many dealerships were closed for weather reasons.
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Old 02-19-2014, 03:27 PM   #72
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Just wondered if there was any news on this?
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Old 02-28-2014, 10:35 AM   #73
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Quote:
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Just wondered if there was any news on this?
I did some searching with Google and couldn't find any updates.

I sent Len an email and asked if he could provide us with an update.
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Old 03-12-2014, 05:19 PM   #74
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Hello Everyone -- Sorry I havent checked this thread in a while but I see you have been waiting for my update. We are expecting a decision any day now on the Government's appeal. To refresh your memory, the Government filed a mtion to dismiss the case brought by my 148 rejected Chrysler dealer clients. We won that motion. The government filed a motion to renew and reargue that motion and again, was unsuccessful. Then the Government appealed those denials to the Federal Circuit Court of Appeals. We had oral argument of the appeal in early November. We feel strongly that the Appeals Court should affirm the trial court's decision and allow the case to proceed. If (when !!) that happens, there is no reason for the other 500 rejected dealers not to join the lawsuit. The Court will have spoken as to the legal sufficiency of the claims of a Governmental "Taking" of private property under the Fifth Amendment of the US Constitution. Of course, we still have to prove that the US Treasury conditioned the Government bailout of Chrysler on the termination of 25% of its dealers but does anyone really think that wasn't the case and therefore that it won't be easy to prove ? After all, the Sigtarp report commissioned by the Government already established that the terminations were predicated on the mistaken assumption by the President's Auto Task Force that dealerships were a financial expense to Chrysler (as opposed to its only source of revenue). How could the Obama Administration have gotten it so wrong ? (That is a rhetorical question) Once we get the decision I will be sending the news to the rejected Chrysler dealers who are not yet in the case as there will be a very short window to join. I hope their mailing addresses are still good as every one of them should then feel comfortable joining. We do believe that eventually we will get the Government to pay each dealer the full value of the dealership(s) that were "taken" from them. I will keep you informed. Best, Len Bellavia
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Old 03-31-2014, 02:57 PM   #75
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Just wondering if Mr. Bellavia has any updates?
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