wbai.net Pacifica/WBAI history   events   links   archive   bylaws etc
PNB   LSB   elections   lawsuits   contact info   opinion   search

Motions to stop "Pacifica's" slimy maneuvers

From: Carol Spooner
Sat, 1 Sep 2001 00:11:45 -0700
Subject: UPDATE -- Committee to Remove the Pacifica Board
August 31, 2001

Dear All --
On August 23rd we filed several new motions --
(1) for preliminary injunction prohibiting election of any new directors before trial,
(2) to prohibit Pacifica trust funds from being used to pay the directors' legal defense expenses (and require that Pacifica use its insurance coverage, rather than donors' money to defend this lawsuit),
(3) to require the Foundation to have separate and independent lawyers from the defendant directors who have been charged with damaging the Foundation,
(4) for appointment of a "limited receiver" for the purposes of taking care of narrowly defined aspects of the Foundation business to preserve Foundation property, avoid waste and to manage the ordinary business of the Foundation by (a) restoring the production of Democracy Now! to a safe and professional studio, (b) reviewing and approving all future firings, suspensions, bannings or other employment measures, (c) reviewing past firings, suspensions, bannings at WBAI since December 2000, (d) ensuring the workplace at WBAI is free of violence, slander and defamation, and threats of violence and harassment, (e) insuring that appropriate and unconflicted legal counsel represent Pacific and are paid by insurance, (f) review all contracts for services and/or expenditures incurred including, but not limited to, retention of law firms and any public relations firms, and perform any and all administrative duties necessary for the maintenance of the ordinary business of the Foundation.

The judge will hear these motions on September 13th. Generally, you don't get everything you ask for from a judge -- but these pre-trial motions are VERY important to the strategic legal battle. They permit us to get evidence before the judge now that could help us increase the pressure on board members to settle the case resign without a trial.

In addition, Pacifica has filed a new motion to "strike" some of the claims in our Amended Complaint. That motion will be heard on September 17t h. And there are motions being prepared to compel production of documents we have demanded. In addition somewhere in the neighborhood of 80 "depositions" will take place all over the country between the end of September and mid-November. In late November both sides will file motions for "partial summary judgment" to see what issues (if any) the judge can decide without trial.

FUNDRAISING GOAL -- $50,000/month through January.

So, the next few months until trial in early January will be very labor intensive for our lawyers. We anticipate our costs and expenses will be $250,000 -- and our fundraising goal through January is $50,000 per month. You probably received a mailing from the Marin Health Fund/Public Media Initiative (our fiscal sponsor) recently. Please respond as generously as you can.

Many good people are sending us their "tax rebate" money. See below for mailing addresses. Thank you!

We also have wonderful volunteers setting up phone banks -- if you'd like to help with a phone bank, please call Adrienne Lauby at 415-482-8274. We also have a team working on developing "major money" grants and large donors. If you have any leads or personal connections that could be helpful with "major donors", please email me at wildrose@pon.net.

I'll be in New York the week of October 13th & hope to meet many of our great supporters while I'm there. If you have a group you'd like me to speak to while there, please let me know. Also, a mat on the floor to sleep somewhere?

We have an excellent team of lawyers, and I believe, with your help, we can win this fight!

Thanks for all you have done and keep doing to reclaim Pacifica and restore it to its founding purposes.

-Carol Spooner
Committee to Remove the Pacifica Board
(sponsoring the "listeners' lawsuit")

"The uprising of the soul will replace the reformer with the rebel, the negotiator with the defender of justice, the prevaricator with the honest citizen, the diplomat with the radical." -- Sam Smith (www.prorev.com)

Important -- We can't do this without you! Please make contributions to our legal fund payable to:

Committee to Remove the Pacifica Board Mail to: 1136 Wild Rose Drive, Santa Rosa, CA 95401.

To contribute on-line through Paypal go to http://www.paypal.com/. You will need to give them our email address: wildrose@pon.net.

Your gift to the Committee is NOT tax deductible, but your support of the cause of free speech radio is invaluable. Question, details? Call or email Carol Spooner, (707) 526-2867, wildrose@pon.net Thank you!

TAX DEDUCTIBLE gifts to support our legal action can be made payable to our fiscal sponsor:

Marin Health Fund/Public Media Initiative P.O. Box 5402, Mill Valley, CA 94942.

You will receive tax deduction receipt from them. Also, the MHF/Public Media Initiative has a special account to receive gifts of stock in support of our lawsuit. For details contact Linda Remy at mhf1982@pacbell.net. Web Page: www.marinhealthfund.org

In order to save administration costs, we ask that if you do not need the tax deduction, that you send your check to the Committee to Remove the Pacifica Board, rather than the MHF/Public Media Alliance. Thanks.

This bulletin comes from the Committee to Remove the Pacifica Board
to subscribe/unsubscribe email wildrose@pon.net

top of page | lawsuit updates | where to send support | home