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Mediation Unsuccessful in Newman's Case Against Fitness Probe

Mediation was unsuccessful in a case from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against three of her colleagues' investigation into the judge's fitness to continue serving on the court. Per a joint status report submitted to the U.S. District Court for the District of Columbia, the parties are looking to continue briefing on Newman's motion for a preliminary injunction against the Federal Circuit Judicial Council's order barring Newman from receiving new cases (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).

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The status report cited the three-judge panel's finding, which recommended that Newman not be given any new cases for a year given her efforts to impede the fitness probe (see 2308040021). The parties proposed a briefing schedule, which will respond to the Judicial Council's expected order regarding the panel report. Newman's opposition to the panel's motion to dismiss is expected on Oct. 9, or 21 days after the Judicial Council's order, whichever is later. The panel's reply is then due 21 days after the response.

Mediation in the suit began on Aug. 3. The three judges -- Kimberly Moore, Sharon Prost and Richard Taranto -- initially opposed the idea due to their focus being on Newman's motion for an injunction against the CAFC Judicial Council's vote to suspend Newman from receiving any cases (see 2307180074).