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gwp's lawsuit "trial date"   Message List  
Reply | Forward Message #478 of 597 |
Re: gwp's lawsuit "trial date"

Hi Carl,

Good question and we don't know the answer, nor does anyone.

The RICO matter will probably go to the Magistrate Judge soon, who
will take whatever time he needs to issue what is called
a "Recommended Decision." There is then a 10-day period for one
party to file an Objection to the Recommended Decision, and then
another 10 days for the other party to respond to the Objection.
Then it would go to Judge Carter for a final decision. This would be
the usual procedure.

Obviously, this will all take some time.

If gwp's RICO claim isn't dismissed, it would then be scheduled for
the next available Court time. The best estimate for that would be
April 2006 or after. However, a trial is completely up in the air
right now since a ruling on the summary judgment motion could knock
out the RICO case entirely, and knock gentle wind's state law claims
out of Federal Court. In other words, it's all an unknown to
everyone involved.

Yet, even though the Court hasn't issued a ruling, gwp's website is
announcing a trial for February.

Thanks for your interest. As we learn more, we will post updates to
the board.

Jim and Judy







Thu Oct 13, 2005 6:06 pm

jfbergin
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Message #478 of 597 |
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We've learned that a trial -- if there is one -- for the remaining Federal claim in the Millers' and gwp's et al lawsuit against us won't take place until...
jfbergin
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Oct 6, 2005
9:19 pm

Any word on went the judge anticipates issuing a ruling?...
Carl Starrett
collectionlaw
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Oct 13, 2005
1:39 am

Hi Carl, Good question and we don't know the answer, nor does anyone. The RICO matter will probably go to the Magistrate Judge soon, who will take whatever...
jfbergin
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Oct 13, 2005
6:08 pm

It sounds like if the RICO case is dismissed, the entire case will be dismissed. I don't see any legal basis for the state law claims to remain in federal...
Carl Starrett
collectionlaw
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Oct 14, 2005
6:27 am
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