It’s been about two years since Brennan Gilmore filed a defamation suit in the U. S. District Court in Charlottesville, Virginia, against Alex Jones and a non-related group of defendants. Earlier this year, the judge ruled against most of the defendants’ motions to dismiss (Allen West’s motion was granted), and all but one of the remaining defendants then filed motions for reconsideration or for an interlocutory appeal to a higher court to resolve disputed matters of law. Those motions were fully briefed, so the court scheduled a hearing to consider them on 5 September. However, the court gave notice last week that it would rule on the motions based on the written briefs and that the hearing was cancelled.
Since the briefs were filed, the Fourth Circuit Court of Appeals has issued a ruling that bears on when a district court must certify a question for an interlocutory appeal. The lawyer representing several of the defendants had planned to bring that ruling to the court’s attention during the hearing. Because he will no longer have that opportunity, he has filed a motion to be allowed to supplement his brief.