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Microcap & Penny Stocks : Ben Ezra Weinstein (BNEZ)
BNEZ 0.00Sep 18 5:00 PM EST

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To: Ellen who wrote (4409)11/5/1998 10:16:00 AM
From: Jud  Read Replies (2) of 9391
 
Ellen,
Just the opposite. AOL believes the CDA protects them. They requested a summary judgment from Judge Garcia asking him to throw the case out. The Judge listened to BNEZ's arguments about needing discovery and ruled to give BNEZ 90 days for limited discovery (basically 25 questions, albeit detailed, plus 4 depositions) and to respond to AOL's motion for summary judgment. Note the "and to respond" in the preceding sentence. The clock is running. It takes time to prepare and write the response that I expect from the BNEZ attorneys. So their discovery time is really less than 90 days as a practical matter.
AOL has used this defense previously and been successful.
If AOL gets a NO to its motion for summary judgment, then IMO we are headed for trial. The motivation will increase for *both* parties to settle. Elsewhere on this thread a few have said that settlement is the most likely outcome. I agree. Let's just not get Paula Jones involved.
Jud
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