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Motion to Reschedule on Account of Being Whipped?

We come not to rank on this motion, but to praise it. It’s cute, it’s funny, and it’s appropriate Friday fodder:

In re Azbill 2 bike trip motion Abovethelaw Above the Law blog.JPG

Could one make fun of this hapless husband, for letting his wife drag him on a 350-mile bike tour? Sure. But this motion, while chuckle-worthy in a sitcom sort of way, isn’t TRULY embarrassing to the lawyer in question — unlike, say, moving for an extension on account of “inebriation constituting excusable neglect.”

We hope the court granted the motion, and that Mr. Azbill’s counsel is enjoying the bicycle trip — perhaps taking place as you read this.

Update: A commenter reports: “motion was granted on 7/23. counsel was able to ‘please his wife.’”

Comments

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1 Posted by guest | Permalink Friday, August 3, 2007 11:14 AM

motion was granted on 7/23. counsel was able to "please his wife."

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2 Posted by guest | Permalink Friday, August 3, 2007 11:17 AM

well done. I guess the 6th Circuit bankruptcy panels are a little nicer than the regular court -- in my last 6th circuit case (a pro bono habeas appeal of a first-degree murder conviction), the state sought to move argument by 2 days because they had another argument the same week and didn't want to make two trips -- court wouldn't even give them that.

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3 Posted by guest | Permalink Friday, August 3, 2007 11:35 AM

odds are -- if your wife is forcing you on a 350 mile bike ride, she is a specimen of fitness.

could be wrong, but I can think of worse marital scenarios than a wife who likes to stay fit.

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4 Posted by single | Permalink Friday, August 3, 2007 11:36 AM

Another reason not to get married.

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5 Posted by Youth in Asia | Permalink Friday, August 3, 2007 11:49 AM

I imagine his wife as having man-legs and hairy arms (testosterone/estrogen ratio too high). Gross.

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6 Posted by guest | Permalink Friday, August 3, 2007 11:53 AM

11:36, I was just thinking the same thing. Every time I get close to buying the ring, stuff like this pops up.

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7 Posted by guest | Permalink Friday, August 3, 2007 12:05 PM

"Stuff like this" being a nice summer vacation outdoors? Oh, the horror.

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8 Posted by battle of the sexes | Permalink Friday, August 3, 2007 12:11 PM

Maybe Lat should set up a Billie Jean King v. Bobby Riggs style venue for this thread

Man - I'm not getting married, all women want to change me

Woman - If by change, you mean from an ape to a human, then you're right.

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9 Posted by guest | Permalink Friday, August 3, 2007 12:13 PM

ORDER

Before the Court is Appellant's Motion to Reschedule Oral Argument in order to permit Appellant's counsel to "please his wife."

There Court hereby orders:

oral argument shall occur on August __, 2007; and

Appellant's counsel shall "please his wife" and furnish proof thereof.

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10 Posted by never getting married | Permalink Friday, August 3, 2007 12:15 PM

..."for no other reason than my wife is a bossy bitch."

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11 Posted by Unfrozen Caveman Lawyer | Permalink Friday, August 3, 2007 12:18 PM

Where's Chris Sullivan?

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12 Posted by guest | Permalink Friday, August 3, 2007 12:23 PM

i think the wife would be pleased by a little less biking and a little more cunnilingus.

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13 Posted by Anonymous | Permalink Friday, August 3, 2007 1:59 PM

Any good-spouse points that he won by rescheduling oral argument will be exceeded by the bad-spouse points he will get when his wife sees that he said he would rather be in oral argument than on vacation with her.

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14 Posted by Happily Married | Permalink Friday, August 3, 2007 3:08 PM

Sounds to me like you are all dating the wrong women. I've been married for almost a decade and I wouldn't trade her for the world.

I can, however, see very good reasons for prefering oral argument in court to an oral argument with my wife. But alas, court doesn't offer make-up sex, so my wife wins again.

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15 Posted by A-T | Permalink Friday, August 3, 2007 3:39 PM

Pleasing the wife while riding a bicycle. Color me impressed.

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16 Posted by Johnny, it's bedtime. | Permalink Friday, August 3, 2007 5:05 PM

If I were this dude's wife, I'd be PISSED. Then again, apparently she is also his mother (I mean, he certainly seems to think she is), so she and the father may be to blame for raising him so poorly. What a wuss; this was his decision, which as an adult HE is responsible for, to take a vacation when he has oral argument scheduled. I thought blaming mommy for keeping you from playing with your friends was something people grew out of around 12 or so.

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17 Posted by guest | Permalink Friday, August 3, 2007 6:49 PM

What kind of psycho wife would force her hardworking lawyer husband to go on some horrible bike ride against his will on his vacation? That's awful.

My partner knows how hard I work -- if he made me do some nightmarish bullshit I didn't want to do in my oh-so-rare downtime, like go spelunking or bike riding in Death Valley, or anything else insane that I didn't want to do, it'd be OVAH.

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18 Posted by guest | Permalink Friday, August 3, 2007 7:13 PM

6:49, how do we know the wife's a psycho? Maybe the husband's just a whiner. He's a big boy. If he doesn't want to go on a biking trip, he can use his words to tell her "no." This guy sounds like a snivelling asshat who "blames" his wife for a vacation that in reality he's probably just as psyched about as she is. He needs to grow up and take responsibility for his decisions. If he planned a vacation, he planned a vacation -- trying to make his wife out as a tyrant so he doesn't have to take responsibility for his own damn decisions is immature and pathetic of him.

This guy's pleading makes it clear he is a little child. Either he's a child who can be bullied by his wife in spite of the fact that he is a GROWN ADULT who doesn't have to take a damn minute of vacation he doesn't want, or he's a child who thinks it's smarter to badmouth his wife in front of the judge, than admit that HE DECIDED to take a poorly-timed vacation. How unfortunate that this judge (possibly a sexist himself) saw fit to reward this man's pathetic behavior.

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19 Posted by Anonymous | Permalink Friday, August 3, 2007 8:47 PM

I doubt that the guy bears any fault for the timing. The federal appeals courts (or at least the three I'm familiar with) generally don't let you know that you have oral argument until a few weeks before the date, while you may have submitted your briefs six months to a year prior. Requests for rescheduling once the dates are announced are not uncommon (at least in my clerking experience).

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20 Posted by Anonymous | Permalink Saturday, August 4, 2007 1:44 PM

Hopefully he doesn't have a banana seat.

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21 Posted by Oh my | Permalink Monday, August 6, 2007 10:31 AM

The comment thread for this blog has now jumped the shark. The blog itself is still ok.

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22 Posted by me | Permalink Monday, August 6, 2007 4:32 PM

Many lawyers and judges actually have a sense of humor. Perhaps the lawyer just decided to play it up a bit. If I was the judge, I'd enjoy getting an occasional humorous filing just to break up some of the monotonous legalese. I'd also be more inclined to grant a motion that makes me smile.

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23 Posted by appy | Permalink Tuesday, August 14, 2007 4:26 AM

i think it is great when i man tries to obey and pleasure his Wife

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