And invites a local attorney to federal court!
You know, for civil litigators it’s somewhat rare to have actual hearings with our federal judges, so I’m sure this will be quite a treat. Wait a second:
The Court considers the arguments advanced in the emergency motion to raise serious issues. Walker has accused this Court of trampling Howard’s constitutional rights and abusing its discretion in entering the turnover Order. The factual underpinnings for these accusations are that Howard and Perry had insufficient time to prepare for the August 23, 2011, hearing. To avoid running afoul of Rule 11, Walker should have investigated these factual circumstances before relying on them to accuse the Court of a constitutional affront. Because it appears to the Court that no such investigation occurred, it is ORDERED THAT (1) James Howard and Sutton Capital, LLC’s Emergency Motion to Stay the Order Granting Receiver’s Motion Requiring Turnover and Disgorgement of Investor Funds [DE-64] is DENIED.
(2) Horecia I. Walker shall SHOW CAUSE in writing no later than September 9, 2011, and explain (1) the reasonable inquiry he performed before representing to this Court that James Howard and Mark C. Perry did not have time to prepare for the August23,2011, hearing; and (2) the results of that inquiry.
Hmm, maybe this is not so good after all?