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Listener Lawsuit Hearings Tuesday, May 15

From: Carol Spooner
Committee to Remove the Pacifica Board (sponsoring the "listeners' lawsuit")
Thu, 10 May 2001 20:09:42 -0700

Tuesday, May 15, 9:00 a.m.
Judge Ronald M. Sabraw
Department 22
Alameda County Sup. Court
County Administration Bldg.
1221 Oak Street, 4th Floor
Oakland, CA

Dear Friends,
The long-awaited, many times postponed, hearings on all 4 pending motions in our suit will be heard on Tuesday morning. You're all invited to attend and give us your support -- a good turnout would be welcomed. Respectful courtroom decorum will be appreciated and helpful. Thanks.

The motions are:
1 ) Our motion for Preliminary Injunction prohibiting Pacifica from amending bylaws, appointing or removing directors, moving the books from Los Angeles, or other substantial acts -- during pendency of the case.
2) Our motion to disqualify Epstein Becker & Green for conflicts of interest, and to require separate counsel for (nominal defendant) Pacifica Foundation & the board majority defendants.
3) Our motion to prohibit Pacifica from advancing litigation costs for the board majority, unless they post a bond to repay Pacifica if they lose as required by California law governing nonprofits.
4) Pacifica's motion to dismiss our case (demurrer).

Motions pending in the directors' (Robinson & Kriegel) lawsuit will also be heard Tuesday, same time, same place, same judge:
1) Robinson & Kriegel motion to disqualify Epstein Becker & Green for conflicts of interest.
2) Pacifica's motion to dismiss their case (demurrer).

Also Tuesday morning: Judge Sabraw will decide Pacifica's motion to consolidate the 3 cases (Listeners' suit, LAB suit, Directors suit).


We're also happy to announce that Luke Hiken has agreed to join us as Co-Counsel with Dan Bartley on the case. Luke will bring great energy and skill to the case. He has a passion for public access to the media & radio. He handled the big Low Power FM broadcasting case, FCC vs. Dunifer. Luke will be handling the oral argments for us on Tuesday.

Our final briefs on the last motion were filed today -- with gratitude to volunteer Jim Curtis for his services as court runner! Many, thanks to Dan Bartley and Luke Hiken for their many hours of toil on excellent briefs. All documents filed with the court are posted on the "legal archives" on our web page as quickly as volunteer Gary Evans can get them scanned.

Your good energy, thoughts, blessings, prayers -- all are much needed. And thanks so much for all the encouragement and support you've been sending these last months. You have kept us strong, more than anything. Can't begin to say what your messages and letters mean to me.

Blessings on all your good works,

Carol Spooner
Committee to Remove the Pacifica Board



"You have been telling the people that this is the Eleventh Hour,
now you must go back and tell the people that this is the Hour.
And there are things to be considered ...
Where are you living?
What are you doing?
What are your relationships?
Are you in right relation?
Where is your water?
Know your garden.
It is time to speak your Truth.
Create your community.
Be good to each other.
And do not look outside yourself for the leader."

Then he clasped his hands together, smiled, and said,
"This could be a good time! There is a river flowing now very fast.
It is so great and swift that there are those who will be afraid.
They will try to hold on to the shore.
They will feel they are being torn apart and will suffer greatly.
Know the river has its destination.
The elders say we must let go of the shore, push off into the middle of the river, keep our eyes open, and our heads above water.
And I say, see who is in there with you and celebrate.
At this time in history, we are to take nothing personally. Least of all, ourselves. For the moment that we do, our spiritual growth and journey comes to a halt.
The time of the lone wolf is over.
Gather yourselves!
Banish the word struggle from your attitude and your vocabulary.
All that we do now must be done in a sacred manner and in celebration.
We are the ones we've been waiting for."

Oraibi, Arizona
Hopi Nation

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