Monday, January 26, 2009
The case is filled with references to phrases popularized by the movie such as "hurling chunks, " "Like a Winged Monkey Flying Out of the Ashes," and "not worthy."
Here are some examples:
The blaze hurled chunks of flaming debris to other vessels, destroying those owned by LYN C. NOBLE NOBLE") and ROBERT C. MUIR ("MUIR"). * * *
A Schwing and a Miss -- Because of the court's admiralty jurisdiction, MUIR's original Complaint, like his Amended Complaint, provided BRADFORD with a basis for removal. * * *
As a result, PRIME TIME's removal, almost ten months after MUIR commenced suit, is untimely and is a defect deemed "way" improvident. For similar reasons, the court finds that removal of the NOBLE case, which had been remanded, was also untimely. In short, PRIME TIME's most bogus attempt at removal is "not worthy" and the Defendants must "party on" in state court . . .