Actually, I guess this should be a Rule 36A letter. In any event, I'll draft one up tonight and circulate it. The case will almost certainly be conferenced tomorrow a.m., so we'll have to get the letter in NLT first thing in the a.m. for it to even potentially matter. Semper Fi, DHS -----Original Message----- From: Sullivan, Dwight H CIV USAF AFLOA/JAJA Sent: Wednesday, March 30, 2011 2:53 PM To: Babu Kaza; CODE NAMARA 45 Sripinyo Kirk Major; Puckett Neal; Faraj Haytham Subject: Wuterich Kudos again to Babu for his outstanding argument today. I understand that audio of the argument is already up on CAAF?s website. I?ll send a link momentarily. In the meantime, it took me less than 2 minutes to find an opinion indicating that granting declaratory relief is permissible in a case proceeding under the All Writs Act ? and, even better, the opinion is written by then-Chief Judge Posner: ?Since the settlement stands, the judge's power to issue the injunction (and related declaratory relief) against these lawyers' enforcing the contingent-fee contracts or liens based upon them was a proper exercise of the court's jurisdiction under 28 U.S.C. § 1651 <https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW11.01&fn=_top&sv=Split &docname=28USCAS1651&tc=-1&pbc=88FB9A4F&ordoc=1998214330&findtype=L&db=10005 46&vr=2.0&rp=%2ffind%2fdefault.wl&mt=131> (?all writs?) to prevent interference with its orders.? In re Factor VIII, 159 F.3d 1016, 1020 (7th Cir. 1998). I think we should probably move to cite supplemental authority in answer to that question from CJE. Unless anyone else wants to take the lead, I?ll draft up something tonight and circulate it. Semper Fi, DHS
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