32-0 Petitioner's Reply Brief Filed

November 10th, 2021

Excerpt:

REPLY BRIEF OF PETITIONER IN FURTHER SUPPORT OF MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This case has now become rather simple: it is just a dialog between Ivy Hill and the Court, rather than a three-way conversation. This is so because DHS does not oppose any of the material facts. Further, DHS takes no position on the merits; it expressly says so in its brief. Thus, in terms of the essential question here—Are the Ivy Hill elders “clergymen” under the CPSL?—the Court need only decide the dispute with Ivy Hill’s proffered facts and arguments. Any contrary positions from DHS are waived. What does remain from DHS is a demand that this Court revisit its Memorandum Opinion regarding standing and indispensable parties. Yet that Opinion remains sound, and has been, in any event, bolstered by a recent Supreme Court decision. Finally, as a last ditch attempt to avoid the merits, DHS now claims this case is time-barred. But that defense, like the now re-hashed ones, is without support under law. Accordingly, the Court should immediately grant Ivy Hill’s Motion for Summary Judgment and enter declarations in Ivy Hill’s favor as set forth in the Motion.1

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