Court case tomorrow could render the May 31 DNC delegate decision moot.

Everyone is looking ahead to May 31st, the day the DNC will meet and decide what to do with the delegates from Florida and Michigan. However, a lawsuit in federal court could render this meeting moot, at least as far as Florida is concerned.

You may recall a Tampa man named Vincent DiMaio filed a lawsuit against the DNC seeking to have the delegates seated based on the results of the election. A Federal Appeals Court rejected the lawsuit back in March, but left it open for DiMaio to amend his suit and refile it. He has. Now a ruling on the case could be made just days before the DNC's scheduled meeting.

DiMaio has now filed a Motion for Summary Judgment in his case. Overly simplified, this means he's asking the Court to agree with his assertion that the DNC should seat the delegates without any further pleadings or trial. There hasn't been a ruling by the district court. However, (update) according to the Court's docket, a hearing on the motion is set for May 28th in federal court in Tampa. A ruling will likely be made at the hearing as the DNC is scheduled to meet on May 31st to decide what to do with the delegates. A motion to expedite the process has been filed by DiMaio and the DNC has already filed its response to the Summary Judgment Motion.

If the Court grants the Motion, it could order the DNC to seat the delegates as they were elected under state party rule. The DNC can of course appeal this decision, but in the meantime, it may have to go ahead and seat the delegates as they are, without any compromise, until an Appeals Court can make a ruling on the decision.

CNN) – Victor DiMaio, the plaintiff in a refiled lawsuit aimed at forcing the DNC to seat Florida’s delegates to the Democratic convention, has announced that a protest will be held in Tampa, Florida on the eve of the hearing in his case.

The “lawsuit was filed long before the first vote was ever cast or counted,” DiMaio said in a statement released Monday. “How do you ignore the fourth largest state in the nation and millions of Florida voters who exercised their right to vote?,” he added.

Throughout the 10 months since DiMaio originally filed suit, he has insisted that he hasn’t had a dog in the hunt, so to speak. But recently, he appeared on a local television talk show where he argued that Hillary Clinton would be a stronger candidate in the fall against John McCain. And unsolicited, he mentioned Obama’s decision in Michigan.