US District Court for DC Sets New Briefing Schedule in CAFC Judge Newman's Suit Against Colleagues
The U.S. District Court for the District of Columbia adopted an amended briefing schedule in U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman's case against three of her colleagues pertaining to their fitness investigation of the 96-year-old judge (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
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Judges Kimberly Moore, Sharon Prost and Richard Taranto led an investigation of Newman, prompted by reports about her fitness to continue serving on the court, ultimately finding that Newman impeded the investigation. The result led to a one-year ban on Newman from being seated on any new cases (see 2309200024). Newman sued in the D.C. District Court, alleging that her colleagues violated her due process rights and that the Federal Circuit was not the proper forum for the investigation to be conducted. Moore, Prost and Taranto moved to dismiss Newmans' claim, arguing that the lawsuit "suffers from fatal jurisdictional flaws" (see 2309060063).
Newman was originally set to reply by Oct. 9, but this date has been pushed to Oct. 25. The three judges' response to this motion is now set to be filed on Nov. 17.