I get inquires almost daily from all manner of people regarding the status of the Drug Recognition Evaluator case. The government attorneys brought motions to dismiss that were heard by the Honorable Franklin Noel, United States Magistrate Judge, on July 22, 2013. The Magistrate Judge has not yet issued a report and recommendation for the Article III Judge John Tunheim to consider.
My update is that there is not really any update. We are waiting for a decision on these dispositive motions. In the meantime, the Plaintiffs are not permitted to engage in discovery because motions to dismiss were brought in lieu of answers to the lawsuit.
As soon as there are any developments, I will post them on this blog.
Also, a news organization or interested party should purchase a copy of the transcript of the July 22, 2013 hearing. The government attorneys said some interesting things at this hearing.