To: L. D. who wrote (3920 ) 6/11/1999 3:30:00 PM From: John Lawrence Read Replies (2) | Respond to of 5164
Those matters were spelled out in Sungold's legal filing. I don't have it in front of me, but I have read it and I'll try to dig it out. Just accept as given that Sungold is suing the band and it's members for every conceivable cost/loss, past, present, and future, which the band incurred by breaking it's contract. The word 'injunctive' is interesting because though it only occupies about one page at the end of Sungold's legal filing (the one written by Stocker, described in the Feb. 19 PR), it references the entire preceeding document and asks the court to grant the company an immediate injunction preventing the band from entering into agreements with any other parties in relation to the development of a casino. ............ On another matter, I have heard a rumor that the DOI will not make a decision regarding Detroit's request for reconsideration regarding whether it is an interested party until the litigation is resolved. I have been unable to substantiate that rumor, but my inclination is to give it some credibility, because it would explain why the DOI has taken so long, and has still not made a decision about what would seem to be a simple matter. If that is true, then the band is an inch from the finish line (federal recognition/nationhood), but it will be prevented from crossing it until it resolves it's litigation with Sungold. Now Judge Bell has said that the band must resolve its suit on the basis of state contract law. You might say that the band is behind the eight ball, and like Milosevic, may soon begin a retreat. It's amusing in a perverse way when you think that Peebles' plan seems to have been that band would become recognized, and then argue that contract law did not apply, and seek to argue the case at the federal level on matters of nationhood. Now we have seen that nationhood will have no bearing on the litigation. I will be very interested t read Judge Bell's decision, because I imagine that given the time and thought he has put into it, it will have a profound effect on the outcome of the litigation. I expect that every element of this will be in Sungold's favor.