[USML Announce] USML - Planning for 2009

[Mark Blocker]

Before I spent six weeks in Kansas, I would have bet your case would settle
too, but people with weak claims do not always act rationally.  Jeff, in
light of your schedule, what do you think is the best available Plan B?

 

  _____  

From: announce-bounces at usml.net [mailto:announce-bounces at usml.net] On Behalf
Of jhwinick at aol.com
Sent: Friday, November 28, 2008 10:44 AM
To: announce at usml.net
Subject: Re: [USML Announce] USML - Planning for 2009

 

Professor and Brad Lee,

The parties mediated the dispute two weeks ago.  I came prepared with a 25
page mediation statement and 200+ pages of supporting documentation.
Esteemed opposing counsel arrived with a 2 page mediation statement in which
he asserted that notwithstanding any "evidence" that Mr. Winick might offer,
it should all be evaluated and dismissed in light of the vast conspiracy to
which I was a willing participant.  As far as I could tell the "smoking gun"
supporting the conspiracy theory is that the terminated general contractor
was replaced by a general contractor headquartered in the state of Florida
and the individual who made the decision to terminate them had attended
college at the University of Florida.  Needless to say, the mediation ended
quickly.

The clincher was the phone call this week when opposing counsel told me that
his client is judgment proof and will fight this case to the finish unless
paid in full because he has nothing to lose.  Mind you, the amounts that his
client is seeking are dwarfed by the damages sought by my client.  

I've got another case set for trial in LA in early April.  I didn't mention
that as a conflict because it will almost certainly settle.  This one won't.
Sorry.

Jeff


-----Original Message-----
From: Andrew Klein <anrklein at gmail.com>
To: USML Announcements <announce at usml.net>
Sent: Fri, 28 Nov 2008 10:30 am
Subject: Re: FW: [USML Announce] USML - Planning for 2009

I agree with Brad. And if Brad and I can agree, then so can Winick and his
opponent. 
 
-Andy 
 
Brad Jansen wrote: 
> Jeff: 
> Settle. 
> Brad Lee 
> 
> > On 11/23/08, *jhwinick at aol.com <mailto:jhwinick at aol.com
<mailto:jhwinick at aol.com%3E*?> >* > <jhwinick at aol.com
<mailto:jhwinick at aol.com <mailto:jhwinick at aol.com?> >> wrote: 
> 
> Unfortunately March 29th doesn't work for me. I've got a trial 
> starting in Seattle on the 30th and will have to leave for Seattle 
> some time during the week before. 
> 
> Can we go the prior weekend? 
> 
> As for stat services, I wasn't too impressed with CBS and am 
> investigating some aternatives. Ill report back soon. 
> 
> Jeff 
> Sent from my BlackBerryR wireless handheld 
> 
> -----Original Message----- 
> From: "JOHN FRUIT, FAF ADVISORS INC." <jfruit1 at bloomberg.net 
> <mailto:jfruit1 at bloomberg.net <mailto:jfruit1 at bloomberg.net?> >> 
> 
> Date: 23 Nov 2008 11:39:08 
> To: < announce at usml.net <mailto:announce at usml.net>
<mailto:announce at usml.net <mailto:announce at usml.net?> >> 
> Subject: Re:FW: [USML Announce] USML - Planning for 2009 
> 
> 
> March 29 should be fine by me, but I would like to reserve the 
> right to phone in 
> remotely as Jim did last year...it didn't seem too much an 
> inconvenience. jf 
> 
>
----------------------------------------------------------------------------
--- 
> Material based on data from sources deemed reliable; 
> accuracy/completeness not guaranteed. Not for use as a primary 
> basis of investment decisions; not to be construed to meet needs 
> of any investor. Not a representation or solicitation of an offer 
> to sell/buy any security. Securities may not be eligible for 
> solicitation in all states. Opinions subject to change. U.S. 
> Bancorp Piper Jaffray, Inc. (USBPJ), its officers or family 
> members may own/buy/sell these securities. USBPJ may make a market 
> in the company's common stock. Past performance does not guarantee 
> future results. Securities products/services offered through U.S. 
> Bancorp Piper Jaffray, Inc. member SIPC and NYSE, Inc, a 
> subsidiary of U.S. Bancorp. 
> 
> _______________________________________________ 
> announce mailing list 
> announce at usml.net <mailto:announce at usml.ne t <mailto:announce at usml.net?> >

> http://lists.usml.net/mailman/listinfo/announce 
> 
> 
> ------------------------------------------------------------------------ 
> 
> _______________________________________________ 
> announce mailing list 
> announce at usml.net 
> http://lists.usml.net/mailman/listinfo/announce 
> _______________________________________________ 
announce mailing list 
announce at usml.net 
http://lists.usml.net/mailman/listinfo/announce 

 

  _____  


Need a holiday helper this season? Get
<http://toolbar.aol.com/holiday/download.html?ncid=emlweusdown00000009>  the
AOL Holiday Toolbar for money saving offers and gift ideas. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lyra.siteprotect.com/pipermail/announce/attachments/20081128/d8defd8f/attachment-0001.htm