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Pastimes : Investment Chat Board Lawsuits

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To: Jeffrey S. Mitchell who wrote (2557)3/7/2002 1:40:24 PM
From: Jeffrey S. Mitchell  Read Replies (4) of 12465
 
Re: [MDMN] Medinah Minerals Legal Update -- continued

Earlier today I called the United States District Court of Nevada (Reno) clerk's office. Unfortunately, the Nevada federal courts are not on Pacer. What I found differs from what Medinah reported.

Default judgments have been obtained against several defendants and will be executed in due course.

Before default judgments can be obtained, they must be requested. Before default judgments can be requested, a clerk's default must be obtained. Before a clerk's default can be obtained, it must be requested. In other words, the plaintiff must first show that a party was legally served and failed to legally reply before they can ask for a judgment against them. Medinah has filed only one notice of intent to take default, on defendant Jerry Segal. That's the further they have advanced in this process against anyone. Therefore, it is my opinion based on information contained in the docket sheets as relayed to me by the clerk of the court that the above reference Medinah claim is without factual basis.

As an augment to the Nevada cases, Medinah Minerals, Inc. has contracted with the firm of IT/IS, Inc. of Houston, Texas to provide litigation support service.

There is no mention on the docket of any outside law firm being admitted on behalf of Medinah in this case. This is not to say they do not intend to do so, just that they have not already.

Important note: I have a pending request for a copy of the docket for this case. When I receive it (they are only sent via snail mail), I will post it. Therefore, I am sorry that I can not provide any additional information past what I specifically requested on the phone.

- Jeff
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