Jay J. John v. Deutsche Bank National Trust Company, et al.
1. Must a district court decide a motion based on those judicial inquiries framed by the movant and his adversaries by applying the legal contentions of the adverse parties to those facts the district court finds to exist based on the parties' presentations?
2. Whether structural aspects of our constitutional government required a district court to consider an attorney's contentions that he is entitled to withdraw from a case or obtain an indefinite continuance to respond to a Motion to Dismiss based on his State's emergency regulations applicable to COVID-19, his susceptibility to that infection, and his inability to competently represent his client without such a delay?
Must a district court decide a motion based on those judicial inquiries framed by the movant and his adversaries by applying the legal contentions of the adverse parties to those facts the district court finds to exist based on the parties' presentations?