Subject: [NewPacifica] UPDATE - Committee to Remove the Pacifica Board
Thu, 25 Oct 2001 09:01:17 -0700
"Carol Spooner" <firstname.lastname@example.org
October 25, 2001
Dear All -- Below is a statement just issued by some of the plaintiffs in 3 of the 4 the lawsuits regarding mediation, followed by legal & other news you may or may not have heard.
MEDIATION OF LAWSUITS SET FOR NOVEMBER 1ST
On Thursday, November 1st, plaintiffs and defendants in the four law suits brought against the Pacifica Board of Directors and Pacifica Foundation will enter into mediated settlement discussions. We will be using the services of Retired California Supreme Court Associate Justice Edward A. Panelli through a private mediation firm, JAMS (Judicial Arbitration & Mediation Services). Justice Panelli has been agreed to by all parties and will facilitate discussions to see if the parties can reach an agreement ... he will not dictate a solution.
All of the parties enter the discussion with no pre-conditions, and this is not a court ordered or supervised mediation. We are hopeful that a successful conclusion can be reached and we can all get back to the task of serving the mission of Pacifica during this crucial time. At the same time, since there are no guarantees that these negotiations will result in a mutually acceptable resolution, we are moving full steam ahead preparing for trial as scheduled in January.
As soon as possible we will issue a report on the outcome of the discussions. In the meantime, we again thank you for all of the support you have given the legal work.
[signed by] David Adelson, Peter Bramson, Leslie Cagan, Sherry Gendelman, Barbara Lubin, Miguel Maldonado, Tomas Moran, Robbie Osman, Carol Spooner
MEANWHILE TRIAL PREPARATIONS CONTINUE
On Monday, October 22nd, plaintiffs in the “listeners' lawsuit” filed a motion for “summary adjudication” of our claim that the Pacifica Foundation is only permitted by its Articles of Incorporation to have five directors. The pretrial judge will rule on this motion on November 19th. If the judge rules in our favor, that issue will be resolved and the trial judge will determine in January which directors can remain on the board. We assert that the last two elections (March 2000 & September 2001) were illegal -- That would remove 9 of the 16 current directors, leaving 7. Of the 7 remaining, we assert that Ken Ford's term expired in June 2000 and that Robert Farrell has been lawfully voted off the board by the KPFK (Los Angeles) LAB -- leaving as directors Moran, Johns, Kriegel, Bramson & Robinson.
If the judge declines to grant summary adjudication on November 19th -- the issue of the 5 director limit will be decided by the trial judge in January.
A total of roughly 40 depositions will be taken by both sides in November & December. Depositions thus far are scheduled to begin in Houston & New York on November 5th, in Washington DC on November 12th, in the SF Bay Area on November 26th, and in Los Angeles on December 17th.
Committee to Remove the Pacifica Board
(sponsoring the “listeners' lawsuit”)
web page: http://home.pon.net/wildrose/remove.htm