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Who filed the motion to continue?

Posted on 9/9/26 at 1:16 pm
Posted by Obi Wan Ryobi
Member since Feb 2026
459 posts
Posted on 9/9/26 at 1:16 pm
It’s good for LSU either way and both possibilities are hilarious.
Posted by LOL
Member since Jun 2015
966 posts
Posted on 9/9/26 at 1:16 pm to
Both parties
Posted by Walnut
Houston, TX
Member since Nov 2014
4020 posts
Posted on 9/9/26 at 1:17 pm to
Either the SEC or both parties. I’m not a lawyer but I don’t think LSU would be able to unilaterally motion for it and have it granted
Posted by Obi Wan Ryobi
Member since Feb 2026
459 posts
Posted on 9/9/26 at 1:19 pm to
quote:

Both parties


Is this confirmed?
Posted by Tiger in the Sticks
Back in the Boot
Member since Jan 2007
2009 posts
Posted on 9/9/26 at 1:21 pm to
quote:

Is this confirmed?


I think if it happened before the hearing, they would have had to be in agreement.
Posted by H2O Tiger
Delta Sky Club
Member since May 2021
8047 posts
Posted on 9/9/26 at 1:22 pm to
For a TRO, only the plaintiff presents evidence. I would think it could be postponed one-sided but I assume the two sides worked behind the scenes on this.
Posted by TopWaterTiger
Lake Charles, LA
Member since May 2006
12541 posts
Posted on 9/9/26 at 1:24 pm to
quote:

I’m not a lawyer but I don’t think LSU would be able to unilaterally motion for it and have it granted


correct. Both parties have to agree to continue.
Posted by Obi Wan Ryobi
Member since Feb 2026
459 posts
Posted on 9/9/26 at 1:24 pm to
quote:

I think if it happened before the hearing, they would have had to be in agreement.


Not true at all. Judges grant these all the time on papers.

Not saying you’re wrong about it being both parties, but we don’t have enough info to know that yet. We need someone with a PACER login
Posted by Bosco
Member since Dec 2007
56 posts
Posted on 9/9/26 at 1:24 pm to
The court issued the continuance (not even an actual signed order) itself sua sponte, i.e., on its own motion. There was no motion to continue that was filed, but there was likely a status conference with the judge where LSU Defendants' attorney (who just enrolled today) likely explained that most of the LSU Defendants still haven't even been served with the underlying lawsuit yet, so there's no basis yet to compel their appearance before that court, including for any hearing.
Posted by Salviati
Member since Apr 2006
8097 posts
Posted on 9/9/26 at 1:24 pm to
quote:

TEXT ORDER. The hearing in this matter is continued. The court will reset the hearing by separate order. Signed by Judge Annemarie Carney Axon on 9/9/2026. (RLW) (Entered: 09/09/2026)
No motion to continue was filed. More likely, it was a verbal request in open court.

I have not seen anything to suggest who requested the continuance, but it is HIGHLY unlikely that the court granted it at the sole request of the "LSU" Defendants. It might have been the SEC alone, or it might have been a joint request.
Posted by Obi Wan Ryobi
Member since Feb 2026
459 posts
Posted on 9/9/26 at 1:25 pm to
quote:

correct. Both parties have to agree to continue.


Not in federal court they don’t
Posted by JayVegas702
Las Vegas
Member since Oct 2025
1123 posts
Posted on 9/9/26 at 1:28 pm to
I've seen very frequently in state court when an attorney just joins in, especially if it's early in proceedings that they'll grant a week or two continuance but usually the plaintiff will agree to it (or at least not object) just as a professional courtesy.

Not saying that's what happened, especially cause I've never been in fed court, but just that it's a possibility
Posted by Salviati
Member since Apr 2006
8097 posts
Posted on 9/9/26 at 2:26 pm to
quote:

I've seen very frequently in state court when an attorney just joins in, especially if it's early in proceedings that they'll grant a week or two continuance but usually the plaintiff will agree to it (or at least not object) just as a professional courtesy.

Not saying that's what happened, especially cause I've never been in fed court, but just that it's a possibility
Sure, attorneys agree to continuances all of the time. I can't remember the last time I refused one.

But not typically for a TRO, and not one of this magnitude.
Posted by JayVegas702
Las Vegas
Member since Oct 2025
1123 posts
Posted on 9/9/26 at 2:29 pm to
quote:

But not typically for a TRO, and not one of this magnitude.


If service had not been properly completed, and the attorney just joined the case, wouldn't that be pretty standard, or would they still proceed even given those variables? Just curious your opinion...I understand a tro probably wouldn't even have the other party present in most situation
Posted by Obi Wan Ryobi
Member since Feb 2026
459 posts
Posted on 9/9/26 at 2:31 pm to
What gets me is that she waited till 5 mins before the proceedings began.


I think she informally offered it as professional courtesy to SEC lawyer before pouring them out if it moved forward
Posted by BayMar
Member since Jun 2026
77 posts
Posted on 9/9/26 at 2:35 pm to
quote:

For a TRO, only the plaintiff presents evidence.


They also filed a preliminary injunction which I believe was also set to be heard today
Posted by Salviati
Member since Apr 2006
8097 posts
Posted on 9/9/26 at 2:35 pm to
quote:

If service had not been properly completed, and the attorney just joined the case, wouldn't that be pretty standard, or would they still proceed even given those variables? Just curious your opinion...I understand a tro probably wouldn't even have the other party present in most situation
You can get an ex parte TRO in federal court.

Given the exigent nature of a TRO, the court's not going to wait for the defendant. Besides, a defendant can force a hearing to dissolve or modify an ex parte TRO on just two days' notice, or on even shorter notice if the court orders it.
Posted by White Tiger
Dallas
Member since Jul 2007
15928 posts
Posted on 9/9/26 at 2:37 pm to
This is factually incorrect. Both sides present evidence, otherwise what is the point of the hearing? Unless it is ex parte, which today's scheduled hearing was not.
This post was edited on 9/9/26 at 2:39 pm
Posted by JayVegas702
Las Vegas
Member since Oct 2025
1123 posts
Posted on 9/9/26 at 2:42 pm to
quote:

You can get an ex parte TRO in federal court.

Given the exigent nature of a TRO, the court's not going to wait for the defendant.


Figured as much. Thanks for the insight
Posted by Geaux Tahel
Member since Feb 2006
7083 posts
Posted on 9/9/26 at 2:46 pm to
Why would LSU agree to continue? Its obvious the SECs legal representation is a clownshow, along with Sankey... so this allows the SEC to seek consult in an attempt to navigate their heads out of their collective assholes.
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