Tuesday, October 25, 2011

Reply Memorandum of Law in Support of Preliminary Injunction

On Wednesday October 12, Review Officer Dennis Walsh (RO) turned a routine nomination meeting on it's head by disqualifying 16 of the 34 candidates who were expecting to be nominated in the District Council Election.

After hearing about the action, I spoke to Walter Kane and Larry Cary, of the law firm of Cary Kane LLP, (the attorneys representing the Carpenters Committee for Democracy and Workers Rights) they said the firm is willing to help the disqualified candidates make an appeal.

Eight of the sixteen candidates responded to the offer and met with the law firm for a consultation and deposition.

Last Monday, Cary, filed an Order to Show Cause for Preliminary Injunction, before United States District Judge Richard M. Berman, ordering the RO to show cause in writing why an order should not be issued reversing the RO's decision to disqualify the eight candidates.

The complaint filed by Cary, argues that the candidates were disqualified for various "arbitrary and capricious" reasons and that the RO exceeded his authority under the June 3, Stipulation and Order and is "reviewable by the court."

On Friday the RO submitted a response and argues that he "properly exercised his authority under paragraph 5.k.iv of the Stipulation and Order and his decisions not to approve the eight candidates should be upheld by the court."

Below is Cary's Reply Memorandum of Law to the RO's response.
Reply Memorandum of Law in Support of Preliminary Injunction


  1. Looks like C-K has taken the lead on this argument. Some very good points & cases cited, but still - where's the Smoking Gun?

    It seems C-K will save those for oral arguments should Judge Berman fail to rule w/o requiring an appearance in Court

  2. The smoking gun is that all of us rank and file have the right to choose and vote for our representatives! If you think a guy is not right for a posistion then don't vote for him. Dennis Walsh did not remain an arbitrary voice he became THE ONLY VOICE!


  4. "The smoking gun is that all of us rank and file have the right to choose and vote for our representatives!" --

    Think Mike Forde, think Pete Thomanssen, Think John Greaney, Think Martin Deveroux, Think Mike Murphy, Think Joe Firth, think John Daly, Think Mike Koballa, ,Think John Daly (again), Think Dennis Shiel, think MAFIA - ALL ELECTED.

    Till the day we have mail in votes, elections at this district council are pure SHAM.

    Last 157 election proves it once again that elections at his district council are pure horse shit.

  5. come on everyone KNOWS john daly rigged all phony so called votes.

  6. Despite my thoughts on Cary Kane and their tarnished reputation due to their association with Pat Nee at least they TRIED TO TELL BERMAN THAT WALSH IS NOT GOD.. Hang onto their legal arguments for future use outside the never never land of Bermans court.

    Somebody needs to file the legal challenges(which Walsh has said so many times he expects) outside the kanga and roo court of Judge Berman. Get it away from the Berman rule and outside the city and you will crack humpty dumpty Walsh god complex for good...


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