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AutoZone Case Assigned to a New Magistrate Judge
Tuesday, August 23 2005 @ 03:25 AM EDT

There's a new magistrate judge for the AutoZone case. Here's the notice [PDF] from the court.

It seems there was a kind of random drawing, and the Honorable George W. Foley, Jr. got the short straw or something, and so he gets the AutoZone case from this day forward. Just kidding. There was a random drawing to create a caseload for this judge, and SCO ends up on his table. He's a Magistrate Judge, the equivalent of Judge Brooke Wells in the SCO v. IBM case. So, should SCO's dreams ever come true, in some alternate universe, and this case is resurrected from the dead, I assume that Judge Robert Jones will still be the judge for the real deal, the equivalent of Judge Kimball.

And at that point, if AutoZone asks again to transfer East, as I expect they will, there will be another reason to say that Nevada can handle the case fine, that there is no judicial overload. You'll remember Judge Jones indicated that at the first hearing, that their case load was down, and now they've got some new judges, so any backlog will presumably be dealt with.

Here's a bit about him and what's happening from the Clark County Bar Association:

George W. Foley, Jr. to fill newly-created United States Magistrate Judge position

On May 18, 2005, Chief United States District Judge Philip M. Pro announced that George W. Foley, Jr., has been selected by the district judges of the court to fill the newly-created United States Magistrate Judge position recently funded by Congress for the District of Nevada.

Mr. Foley, age 51, is a graduate of the University of Nevada at Las Vegas and the University of the Pacific McGeorge School of Law. He began his career in partnership with his father, George Foley, Sr., in 1980 and has been a partner with the law firm of Pearson, Patton, Shea, Foley & Kurtz since 1986. Mr. Foley has served as member of the State Bar of Nevada Southern Disciplinary Board and the Standing Committee on Judicial Ethics and Election Practices, and is currently a member of the Nevada Board of Bar Examiners.

United States Magistrate Judges perform a wide variety of judicial duties in civil and criminal cases on behalf of the United States District Court, and serve for a term of eight years. It is anticipated that following a required background investigation, Mr. Foley will assume office at Las Vegas in approximately 60-90 days.

The court has the same announcement and he's now listed on their page of judges.


  


AutoZone Case Assigned to a New Magistrate Judge | 82 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here please
Authored by: MadScientist on Tuesday, August 23 2005 @ 04:02 AM EDT

[ Reply to This | # ]

OT materials here please
Authored by: MadScientist on Tuesday, August 23 2005 @ 04:02 AM EDT

[ Reply to This | # ]

AutoZone Case Assigned to a New Magistrate Judge
Authored by: Steve Martin on Tuesday, August 23 2005 @ 07:25 AM EDT

Mr. Foley has served as member of the State Bar of Nevada Southern Disciplinary Board and the Standing Committee on Judicial Ethics and Election Practices, and is currently a member of the Nevada Board of Bar Examiners.

Hey, Judge Foley... ya gottaminnit??

---
"When I say something, I put my name next to it." -- Isaac Jaffee, "Sports Night"

[ Reply to This | # ]

Looks like Judge Jones is indeed still in charge
Authored by: Steve Martin on Tuesday, August 23 2005 @ 07:29 AM EDT

So, should SCO's dreams ever come true, in some alternate universe, and this case is resurrected from the dead, I assume that Judge Robert Jones will still be the judge for the real deal, the equivalent of Judge Kimball.

Given that the docket designation contains both Judge Jones and Judge Foleys' initials (the only change being the initials of the magistrate judge), I'd say you're right.

---
"When I say something, I put my name next to it." -- Isaac Jaffee, "Sports Night"

[ Reply to This | # ]

New Magistrate Judges
Authored by: rsteinmetz70112 on Tuesday, August 23 2005 @ 10:59 AM EDT
His biography doesn't give much of a hint about his experience. I wonder what
type of law he practiced.

I have a theory that part of why SCOG was so successful with their discovery
strategy is that Brooke Wells was new to the bench and had little experience
with complex commercial litigation involving extensive discovery, so she didn't
assert herself against BSF and was possibly somewhat intimidated or at least
tentative in her rulings.

In this case I think we have both a new judge and a new magistrate.

By The Way wasn't AutoZone supposed to submit their progress report a couple of
weeks ago? If so where is it?

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

By The Way
Authored by: rsteinmetz70112 on Tuesday, August 23 2005 @ 03:21 PM EDT
Wasn't Autozone's 90 day report due a couple of weeks ago?

Anybody know if it was submitted, and if not why not?

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

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