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Listener Lawsuit Complex Case Determination 4-28-01

UPDATE - Committee to Remove the Pacifica Board
Sat, 28 Apr 2001 08:23:47 -0700

Dear Friends -- Good news! Our case has been designated a "complex case" -- so we believe will have an excellent judge for all purposes -- Judge Sabraw.

We went before Judge Sabraw on Friday the 20th for a determination of whether our case (the "listeners' lawsuit"), together with the other two suits, should be designated a "complex case". On the 20th, Judge Sabraw decided not to designate the cases as "complex" and sent us back to the regular "law & motion" department for hearings on all the motions pending in our case on May 10th.

We were very disappointed, as we felt we would get better case management in the complex case department -- with a judge for all purposes with his own highly skilled research attorney. We were so disappointed that our attorney, Dan Bartley, called Judge Sabraw's research attorney to see what the procedure was to ask for reconsideration. But he was told Judge Sabraw was going on vacation and we would not be able to get back on his calendar for reconsideration until May 18th. So, we had a real dilemma around unwanted delay and were trying to decide what to do.

But, yesterday, the 27th, Judge Sabraw's clerk called all the lawyers to say the Judge had changed his mind -- he is designating the cases as "complex" cases, and he set all pending motions to be heard by him on May 15th. This is excellent news, we believe. A small step in the right direction, but an important one. We need a really good judge. And we believe we now have one.

I'll keep you all posted -- Pacifica's motion to dismiss our case, our two motions for preliminary injunctions & our motion to disqualify Epstein Becker & Green are all set now for hearing on May 15th.

Carol Spooner
Committee to Remove the Pacifica Board

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