On Thursday, December 16, 2010, Defendant Jack L. Iker, former bishop of the Episcopal Diocese of Fort Worth, filed a delay motion in United States District Court, Northern District of Texas, Fort Worth Division, attempting to put off answering the Episcopal Diocese of Fort Worth’s motion for partial summary judgment by seeking “an emergency stay.”
The diocese filed the Motion for Partial Summary Judgment to protect its federally-registered name and seal from infringement by Bishop Iker.
In his motion, Bishop Iker failed to follow the federal requirements for seeking a stay. He also did not support his motion with sworn affidavit evidence, as the rules require. Additionally, he failed to explain why he needs a delay to answer the Episcopal Diocese’s motion, when he urges the Court to decide promptly his own faction’s motion to intervene, which involves the same issue.
The Episcopal Diocese filed its response on Friday, December 17, 2010, calling to the Court’s attention that Bishop Iker’s motion does not follow the Federal Rules of Civil Procedure and does not meet the “heavy burden” required by law for true “emergency” motions.
Related Documents are the Plaintiff’s Response to Defendant’s Emergency Motion to Stay and a Brief in Support of Plaintiff’s Response to Defendant’s Emergency Motion.