I know I'm just a regular reader and not a regular commentor, but holy smokes this thread is getting off its rocker...and the HRO attorney in me has to chime in again...
*If the Petition(s) includes allegations that fit the criteria (if presumed true...which the Court HAS to presume), the judge/referee HAS to sign the temporary order. It's not discretionary. The Court can modify the requested terms, etc., but the order itself has to be signed.
*While I hate seeing a depleted secondary as much as anyone, I'll take the public policy benefits of the HRO system over getting to play our entire first string tomorrow. (Please bear in mind that I typically defend against HROs more than I seek them for clients, too).
*The U of M has ZERO to do with this case, and honestly, the Orders don't even apply to the U of M. They could ignore them, frankly. The Orders only apply to the players. But, if the players violate them, they will be arrested and charged.
*If the Petitioner is involved in game-day operations that are likely to cross paths with Respondents, the Court is very, very unlikely to modify the term. The alleged victim is not the one that's going to have to make big changes to her work/social life, etc. It's the alleged harassers.
*Because of that fact, it's very unlikely that the Court would modify based upon an Ex Parte Motion unless Petitioner's involvement is very much in the peripherals of game day operations. So, a good attorney would not even bother unless that's the case. You're more likely to just annoy/anger the judge.
*I've never met Hutton, and for all I know, he's walking a different talk than his media speak. But, if his strategy mirrors his media comments, then he really needs to dig deeper into HRO law before Tuesday's hearing. A lot of incredibly talented attorneys from big firms pick up random HRO cases for a friend of a friend, etc., thinking that they're really simplistic. And they are simplistic. But, they're also simplistic in the sense that you will royally piss off your judge/referee if you dalliance into completely irrelevant stuff, which those same attorneys seem predisposed to do in my experience. Some of his comments, like "continuing to appeal," make no sense. You do not appeal a temporary order. That's not in the vernacular. You also do not make bold proclamations to your clients let alone the MEDIA about getting dismissals at the initial appearance unless the Petitions are AWFUL. And I mean AWFUL in terms of the allegations being insufficient in the first place, not in terms of the evidence. I can count on a couple of fingers the number of times where I've come even close to telling a CLIENT that it would be reasonable to expect that to happen. You argue for it, but you expect to end up at trial.
*If it goes to trial, and the Court does not modify the temporary orders in the interim, these guys are probably done for the season (for home games anyway). A "high profile" trial like this one with potential assault allegations involved, etc., will probably justify deeper discovery than normal, subpoenas, and generally more prep than the typical HRO. If they do full-on discovery, that process alone is a MINIMUM of 30 days, and you would typically want a minimum of a couple of weeks after that to prep for trial.
End 2nd attorney rant.
