The Volokh Conspiracy - The "They Ruined My Christmas" Doctrine

rejected by the federal district court for the District of Arizona, in Yount v. Regent University, Inc., No. CV-08-8011-PCT-DGC (April 14):

Plaintiff moved for sanctions on January 16, 2009 due to Defendant's method and timing of service: "[t]he Certificate of Service [states that Defendant's motion] was sent by 'Mail' on December 20th when, in fact, it was hand delivered [by Fed Ex] ... on December 24[.]" Dkt. # 68 at 2. Plaintiff asserts this Christmas Eve service reflected an effort by Defendant to disrupt Plaintiff's holiday and to violate his rights under the First Amendment.

To quote the plaintiff, "Obviously, the Defendant wanted to taint the Plaintiff's religious celebrations, and as an officer of the Court, Mr. Myer should be cautious of violating the Plaintiff's First Amendment rights during his religious celebrations."

No dice, says the court, presumably taking the view that no-one has the right to a Christmas unmarred with memories of service of legal documents.

	[Eugene Volokh, April 16, 2009 at 7:06pm] Trackbacks The "They Ruined My Christmas" Doctrine rejected by the federal district court for the District of Arizona, in Yount v. Regent University, Inc., No. CV-08-8011-PCT-DGC (April 14): Plaintiff moved for sanctions on January 16, 2009 due to Defendant's method and timing of service: "[t]he Certificate of Service [states that Defendant's motion] was sent by 'Mail' on December 20th when, in fact, it was hand delivered [by Fed Ex] ... on December 24[.]" Dkt. # 68 at 2. Plaintiff asserts this Christmas Eve service reflected an effort by Defendant to disrupt Plaintiff's holiday and to violate his rights under the First Amendment. To quote the plaintiff, "Obviously, the Defendant wanted to taint the Plaintiff's religious celebrations, and as an officer of the Court, Mr. Myer should be cautious of violating the Plaintiff's First Amendment rights during his religious celebrations." No dice, says the court, presumably taking the view that no-one has the right to a Christmas unmarred with memories of service of legal documents.