According to a docket entry in the Lehan v. Fox case, at a scheduling conference today, the Court ordered the parties to “file Memorandum(s) of Law (regarding the issue discussed in open court on 9/30/11) . . . by 10/21/11.” The same docket entry provides that a motion hearing is set for November 17, 2011.
The docket entry does not explain what issue the parties are to brief for the Court. The defendants’ opening brief, plaintiff’s opposition, and defendants’ reply have largely concentrated on the “retroactivity” issue, with the defendants arguing that the statute does not change the substantive requirements for a defamation plaintiff and thus can be applied to this case, and the plaintiff arguing that the statute provides “substantive rights” and thus cannot be applied retroactively. I suspect that the additional briefing will concentrate on this issue.