Dark-Sky Counsel Seeks Delay of Nov. 20 Oral Argument Due to His Father’s Death
Charles Mudd, counsel for the International Dark-Sky Association, seeks a continuance of the Nov. 20 oral argument before a panel of the U.S. Court of Appeals for the D.C. Circuit in the association’s consolidated challenges with Dish Network to the…
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FCC's partial approval of SpaceX's second-generation satellite constellation (see 2309190056), said his partially opposed motion Wednesday (dockets 22-1337, 23-1001). Mudd’s father died Oct. 9, and his family is planning the arrangements for a memorial service to occur during the weekend of Nov. 19, with “some events and matters” spilling over into Thanksgiving week, said his motion. Mudd “is and will be principally involved in these events and related activities,” it said. Mudd’s colleagues at Mudd Law in Chicago are unable to present argument Nov. 20 because they aren’t admitted to practice before the D.C. Circuit and don’t possess Mudd’s “depth of knowledge in the subject matter at issue,” it said. Counsel for Dish doesn’t oppose the continuance, but only if oral argument isn’t moved to a date later than Dec. 13, it said. Counsel for intervenor SpaceX also doesn’t oppose the motion, but is unavailable for oral argument during the weeks of Nov. 27 and Dec. 4, it said. The remaining parties don’t oppose the requested relief, it said. Dish submitted a response to Mudd's motion Thursday, offering what it called "two clarifications." One is that Dish and SpaceX both agreed to an earlier oral argument date to be set during the week of Nov. 12, it said. The other is that Dish opposes an oral argument date later than Dec. 13 "because of the importance of this case" to Dish and its millions of satellite television subscribers, it said. Dish previously consented to a two-week extension for Dark-Sky to file its reply brief, it said. Calendaring the oral argument beyond Dec. 13 would "unfairly prejudice" Dish and its customers, it said. Dish did say that it "has extended its sympathy" to Mudd "for the sad events set forth" in his motion.