Normal practice in most cases is that a tentative decision is issued the day before the “hearing” date, which normally is just an opportunity for the losing party to tell the judge why she is wrong. In big cases, like the State case against Uber and Lyft, the judge heard the argument, reserved decision, and three days later issued a ruling.
That’s what is going to happen in our case. The judge has postponed the hearing until Thursday at 2:30 and sent both sides an email invitation to participate in the blue jeans platform hearing. He could decide from the bench, but probably more likely he will tell us he is taking it under advisement and issue a written ruling in a few days. If so, I expect him to continue his de facto TRO barring the UC from taking any action against non-flu mandate-compliant members of the community. Maybe this time the UC will listen to him.
The public is free to watch or listen to the hearing. I’ll post a link on how to get there before the hearing.
So, at least we haven’t been thrown out of court yet, and the judge is obviously taking this very seriously. I suspect he will have some tough questions for both sides. Usually, you can get a good sense from a judge about what’s on his mind and what’s bothering him from his questions.
Rick Jaffe, Esq.