Larry Klayman is (somewhat understandably) impatient. He filed a 'Motion to Vacate' on Monday, asking the Court to allow the case to move forward:
Quote:
EXPEDITED MOTION TO VACATE STAY ORDER OF JANUARY 30, 2012 AND REQUEST FOR TELEPHONIC STATUS CONFERENCE
On January 27, 2012, Plaintiffs respectfully requested a telephonic status conference (Docket No. 13). Three days later, on January 30, 2012 this Court granted Defendants' Motion to Stay Discovery Pending the Court's Ruling on Defendants' Special Motion to Dismiss. Plaintiffs hereby respectfully renew their motion for a telephonic status conference and move to vacate the Stay Order.
This Court has stayed discovery based on the DC Anti-SLAPP statute. This statute has recently been held inapplicable in this District Court. 3M Corporation v. Boulter, No. 11-cv-1527 (RLW) (D.D.C.).Thus, the Stay Order should respectfully be immediately vacated and Defendants' Special Motion to Dismiss should respectfully be disposed of as soon as practicable. This case must respectfully move forward and the sides should set a time for a discovery conference as provided in Rule 26 of Fed. R. Civ. P. The complaint in this action was filed June 28, 2012, about ten months ago, and Plaintiffs would like to move forward, especially since there is continuing harm being caused by Defendants. Plaintiffs respectfully request a telephonic status conference in the next days so the Court can set up a timetable for proceeding forward with the case.
On the one hand, I do kinda empathize with his impatience. The Motion to Dismiss *was* filed eight months ago.
On the other hand, this Motion seems to be
presuming that the Judge will deny the Motion to Dismiss. It's one thing to request a status conference because of the delay; it's another to declare at the same time that the law is so firmly on his side that the Court should grant *this* Order before it's even ruled on the other one.
Klayman also has another problem depending on how the Judge rules. Klayman made only one federal claim, a trademark-related claim under the Lanham Act. There's a good chance that's gonna be tossed. If that happens, with no federal issues in the case, the only basis for federal jurisdiction is diversity. And because both Hearst and WND are incorporated in Delaware, there's not complete diversity. Esquire could move to have the case transferred to the state courts of Delaware...where they DO have an anti-SLAPP statute that would apply. So then Esquire could file another Motion to Dismiss.