Snyder v. Phelps et al

Filing 246

MOTION for Reconsideration re 243 Order on Motion for Judgment, Order on Motion for Reconsideration, Order on Motion to Alter/Amend Judgment, Order on Motion for New Trial, Order on Motion for Miscellaneous Relief, Order on Motion for Judgment as a Matter of Law,,,,,, by Shirley L. Phelps-Roper, Rebekah A. Phelps-Davis, Fred W. Phelps, Sr, Westboro Baptist Church, Inc. Responses due by 3/10/2008 (Attachments: # 1 Motion signature page., # 2 Memorandum of Points and Authorities, # 3 Points and Authorities signature page)(Katz, Jonathan)

Snyder v. Phelps et al

Doc. 246

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND ­ BALTIMORE DIVISION ALBERT SNYDER, vs. Plaintiff, Case No. 1:06-cv-1389-RDB

FRED W. PHELPS, SR.; SHIRLEY L. PHELPS-ROPER; REBEKAH A. PHELPS-DAVIS; and, WESTBORO BAPTIST CHURCH, INC., Defendants. MOTION BY ALL DEFENDANTS FOR RECONSIDERATION ON THE STATUTORY CAP QUESTION AND/OR MOTION FOR CERTIFICATION TO THE MARYLAND COURT OF APPEALS Defendants Phelps, Sr., Westboro Baptist Church, Inc. and and Fred W.

through

their

undersigned

counsel,

Rebekah

Phelps-Davis and Shirley Phelps-Roper, pro se, respectfully move the Court for an order reversing its ruling that the statutory cap in Md. Code. Ann., Cts. & Jud. Proc. §11-108(b)(2)(ii) does not apply to the noneconomic damage award in this case; and/or for an order certifying the question to the Maryland Court of Appeals pursuant to Md. Code Cts. & Jud. Proc. Art. §§ 12-601 to 12-613. Defendants further move for a stay of execution of any

judgment in this matter pending a decision by the Maryland Court of Appeals on the certified question. A memorandum of points and authorities is submitted in

support of this motion.

Dockets.Justia.com

WHEREFORE, Defendants respectfully moves this court for an order reconsidering its ruling that the statutory cap in Md. Code. Ann., Cts. & Jud. Proc. §11-108(b)(2)(ii) does not apply to the noneconomic damage award in this case; and/or for an order certifying the question to the Maryland Court of Appeals Respectfully submitted,

MARKS & KATZ, L.L.C. J /s/ Jonathan L. Katz_______________ onathan L. Katz D.Md. Bar No. 07007 1400 Spring St., Suite 410 Silver Spring, MD 20910 [phone] Fax: [phone] [e-mail] Attorney for Defendants Westboro Baptist Church, Inc. and Fred W. Phelps, Sr. ___________________________________ Rebekah A. Phelps-Davis (signature is on attached signature page) 1216 Cambridge Street Topeka, KS 66604 [phone] Defendant Pro Se ___________________________________ Shirley L. Phelps-Roper (signature is on attached signature page) 3640 Churchill Road Topeka, KS 66604 [phone]; [e-mail] Defendant Pro Se

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CERTIFICATE OF SERVICE I hereby certify that the foregoing on February 20, 2008, as follows: By CM/ECF filing: Mr. Sean E. Summers, Esq. Mr. Craig Tod Trebilcock, Esq. /s/ Jonathan L. Katz________________ Jonathan L. Katz motion was served

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