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Pastimes : Investment Chat Board Lawsuits
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To: EL KABONG!!! who wrote (61)6/17/2000 10:32:00 AM
From: dantecristo  Read Replies (1) of 12465
 
The Varian (VSEA & VAR) SLAPP lawsuit:
I just discovered this board through johndoes.org so I apologize for the late response.
I am a defendant (Does #1) in the Varian Medical, Varian Semiconductor, Susan B. Felch, George Zdasiuk SLAPP lawsuit.
geocities.com
The first complaint was filed against my business partner, Michelangelo Delfino, in Feb 1999 for alleged defaming postings against the plaintiffs. The original complaint named aliases which the Orrick Herrington & Sutcliffe attorneys representing Varian later discovered were not Delfino or me. After Varian/Orrick deposed me and discovered that I had never posted, they then named me in the complaint and continued to selectively prosecute the stockholders of MoBeta, Inc.
After approximately a year in Federal court, Judge Whyte ruled that my company, MoBeta, Inc. as a pre-IPO start-up was not in competition with either Varian Medical or Varian Semiconductor and dismissed the remaining Federal claim in granting partial summary judgment to the defendants:
geocities.com.
In doing so, Judge Whyte remanded the case back to Santa Clara county superior court where we are awaiting a Case Management Conference now scheduled for June 29, 2000.
I believe Varian has made quite an effort to keep the SLAPP out of the public by filing the complaints and most of their papers under seal. Both defendants are determined to publish all the news that is available to the public and to protect our rights forever:
geocities.com
despite the fascist efforts to enjoin them.
-Mary E. Day

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