Mark Armitage Update: 17 August 2016 — Final?

For reasons which will become apparent, this may be our last update for the Mark Armitage litigation. The last time we wrote about it was our update for 02 August 2016. This is the only active creationist litigation of which we’re aware, and even though most of you seem uninterested, judging from the few comments our updates receive, we’re still following it.

All the background information is in Mark Armitage Update: 21 July 2016, so there’s no need to repeat that here. In a nutshell, Armitage lost his job at California State University, Northridge (CSUN), and he alleges it’s because of his creationist views. He complains about “viewpoint discrimination,” and claims he has Evolutionists On The Run. Also, he has degrees from Liberty University in Lynchburg, Virginia, and the Institute for Creation Research. He self-published a book titled Jesus is like my Scanning Electron Microscope (Amazon listing).

This is a copy of the complaint that was filed: Mark Armitage vs. Board of Trustees of the California State University, et al. (21-page pdf file). You can check the court docket here Los Angeles Superior Court to see a list what’s been filed, but not the actual pleadings. If you go there, click on “Access your case” and enter case number BC552314.

As you know, a jury trial had been set for 22 August 2016 at 09:30 am, which is this coming Monday, 5 days from now. There were two more hearings scheduled before that, which were:

• 08 August: Motion to dismiss (presumably regarding Armitage’s latest attempt to amend his complaint), and also a status conference.

• 16 August: a final status conference.

We took a look at the court docket, and were surprised to learn that the trial is no longer scheduled. Only one item remains on the calendar, which is set, not in August, and not even in September, but for 07 October 2016, and it has this cryptic description: “OSC RE Dismissal.” OSC probably means “order to show cause.” It sounds like a hearing where Armitage has to show why the case should not be dismissed.

What’s going on? We looked at the list of items recently filed, to see what happened after our last update, and found these two notations:

• 03 August 2016: Notice-Settlement, Filed by Attorney for Defendant/Respondent

• 04 August 2016: Stipulation and Order (TO EXTEND PLAINTIFF’S TIME TO FILE OPPOSITION TO DEFT’S MOTION TO DISMISS INDIVIDUAL DEFETS IS SIGNED), Filed by Attorney for Plaintiff/Petitioner.

Then we looked at the listing of Proceedings Held. Only one item appears since our last update: 08 August 2016: Motion to Dismiss – Off Calendar.

That motion to dismiss had been pending. We thought it was about Armitage’s recent attempt to amend his complaint. Whatever it was, it’s been decided. We think “Off Calendar” refers to the court’s decision to remove the case from its list of pending cases.

What happened? There may have been a settlement, but if so, we can’t figure out why anything remains on the court’s calendar. Settlements usually include an agreed order dismissing the case. Perhaps someone with access to the documents will provide us with some details. In any event, it would appear that the Armitage case is over — or just about over.

Creationists never seem to win in court. It must be a conspiracy.

Copyright © 2016. The Sensuous Curmudgeon. All rights reserved.

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9 responses to “Mark Armitage Update: 17 August 2016 — Final?

  1. even though most of you seem uninterested, judging from the few comments our updates receive, we’re still following it.

    You’re doing a very valuable job, covering cases like this: many thanks! I tend not to comment on such posts because usually their content is factual — i.e., nothing to argue about.

  2. An EVILution conspiracy to hide THE TRUTH!

    Creationists are so oppressed.

  3. even though most of you seem uninterested,…

    I am very interested in these cases but, as I am a ‘danged furriner’, I don’t understand enough of US legalities to comment. I read every one though.
    I second realthog’s comment about the valuable job you do in bringing these cases to a wider audience.

    Cases like this in the UK would be brought before a tribunal under ACAS and not clog up the courts.

  4. What realthog said, +1.

  5. “Off calendar” means the parties’ schedule of future appearances regarding the case has been removed, which technically isn’t a dismissal but has the flavor of a judicial view that there’s no interest in hearing more. If the plaintiff can present compelling evidence that the case deserves further attention, it can be recalendared rather than being reintroduced as a new case. (I think I have that right.)

  6. Please don’t be so curmudgeonly. It is not like you at all. Just because we don’t submit vapid comments (such as this one) to all your items doesn’t mean we do not continue to be fascinated by your daily reporting of the continuing antics of YE creationists.

  7. What realthog said! You’ve done the learning curve for us. Thanks, SC.

  8. voiceofreason

    The Notice of Settlement tells the court that the case is settled. Usually there follows a period where the terms of a formal settlement agreement are negotiated and then the agreement is signed, and money is paid if that is part of the settlement. At that point, the plaintiff files a Request for Dismissal, and the case is then entered as dismissed by the court clerk. In the meantime, the pending motions and trial date are taken off calendar. If the settlement for some reason is not consummated, then the motion and trial can be restored to the calendar. Hope that helps….