Also remember that the appeal is on an "expedited schedule" and the deadlines for Rosen are very tight. They have to have their brief in to the Appeals Court in September. Judge Failla can easily just wait until the Appeals Court makes a ruling.
This would be better for us anyway, because then she'll be angry that Rosen pursued an action with the Appeals Court that had no chance of succeeding, and she might whack them even harder.
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