Wood vs. ARA et al.

[James H. Fetzer]

Date: Wed, 24 Jun 2009 13:59:50 EDT [12:59:50 PM CDT]
From: [e-mail]
To: [e-mail], [e-mail]

Subject: Update on Wood v. ARA case

All

This is my first post oral argument email intended to provide an update based on what I, as an attorney, can say about the argument held on June 23, 2009 at the US Court of Appeals, 2nd Circuit, in New York City, on the Wood v ARA case.

Basically, each side was alloted about 1 minute more than had been scheduled. The judges asked a number of questions, but basically allowed the three attorneys who spoke to present their arguments without too much interruption.

As of today, the court's docket shows that oral argument took place, as noted below. For reference, I have also included in the docket excerpt the filings that were submitted or ruled on in the days immediately preceding oral argument.

I am also pleased to say that two people attended oral argument and met with Judy Wood and I afterwards. If either of them would like to comment on their impressions of the oral argument, they can feel free to do so; however, neither I nor Dr. Wood can comment much beyond that which has been stated above.

We will await the court's decision and can give no reliable estimate on how long that will take.

Jerry Leaphart

Docket Wood v ARA et al. -- 08-3799-cv -- US Court of Appeals 2nd Circuit:

> 6/19/09 Appellant Judy Wood, affidavit in response
> to Appellee's motion for leave to file a
> sur-reply, filed with proof of service.
> [Entry date Jun 19 2009 ] [EM]
>
> 6/22/09 Notice to counsel: Request to present
> exhibits at oral argument is DENIED. (via
> phone) [Entry date Jun 22 2009 ] [DC]
>
> 6/23/09 Case heard before panel: MINER, LIVINGSTON,
> C.JJ. TRAGER, D.J. [Entry date Jun 23 2009
> ] [AG]
>
> Docket as of June 24, 2009 2:09 am Page 18