Swarthmore/Diebold off to a slow start

This morning I went up to US District Court in San Francisco expecting a hearing on the motion for a TRO against Diebold sending out frivolous cease and desist demands to people who have posted their embarrassing internal memos concerning security problems with their electronic voting machines, and their ISPs (see CIS Blog). About 10 of us trooped into the clerk's office with boxes of pleadings and supporting papers and the suit was filed, but then, in an unexpected development, the case was randomly assigned to a judge in the San Jose division, the Hon. Jeremy Fogel. Strange as it seems, the case is now venued in San Jose, about 50 miles south of San Francisco. We await word from Judge Fogel as to when he will hear counsel's oral arguments or whether he will rule based on the papers.