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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: Jeffrey S. Mitchell who wrote (2730)	4/16/2002 11:54:31 AM
From: Bear Down	Respond to of 12465

Clearly judge Komar's order is unconstitutional and I agree that many mistakes were made during the trial. The appeal would carry a stay of the existing order so the whole idea of a contempt hearing is a waste of the courts resources. What to do about it? Not a clue other than to have D & D not post or say a single word about this case again until the wheels of justice finish turning. Which is apparantly not an option ;). The only way these two should be considering jail time is if their "harrassment" of plaintiffs crossed the line to criminal harassment. I don't ever recall criminal charges being filed against them. Maybe that is the next thing for the plaintiffs lawyers to try. One would have to think they would never be able to bear the burden of proof beyond a reasonable doubt. Which would lead me to believe they don't belong in jail for just being major pain in the asses. And as much as i appreciate Mary's will to fight even if it means going to jail, I think if her real fight was for freedom of speech her talents and intelligence would be much better utilized elsewhere. The day delfino and day are done with this case will prolly be the happiest since they met. And one question for mary, you keep tellin us how "cute and handsome' day and delfino are. How come pics of everyone but you two?

To: Jeffrey S. Mitchell who wrote (2730)	4/16/2002 12:30:04 PM
From: mmmary	Respond to of 12465

Varian is Kangaroo court, agreed Jeff The judge doesn't know the first thing about freedom of speech. He also doesn't know how to fairly give instructions to the jury. He might as well have instructed the jury to answer either one of two questions. "Are they guilty of libel or are they guilty of libel?" If I were Day and Delfino, I think I might try another tactic to express my opinion about these people. They need to "play the game" that Varian is playing, find the loopholes, dance on the grey line of allowable behavior, know what I mean? Also note that there have been no police reports filed against Day or Delfino. What activity have they done that would really merit jail time? Insane.

To: Jeffrey S. Mitchell who wrote (2730)	4/16/2002 8:30:14 PM
From: dantecristo	Read Replies (3) \| Respond to of 12465

[VAR] Temporary Stay Granted!!!!!!!!!!!! From the California 6th District Court of Appeals web site for Case No. HO24214 "04/16/2002 Stay order filed. To permit further consideration of the issues raised by the petition and supplemental petition for writ of supersedeas, all contempt proceedings and related discvoery enforcing the injunctive portion of the trial court judgment as well as all peoceedings to enfore the damages portion of the trial court judgment are stayed until further order of this court, including but not limited to the order of examination set for 4-17-02, and enforcement of the subpoenas issued to Yahoo! Inc. and Pacific Bell Internet Service, Inc. real parties in inmterest may serve and file on or before 5-1-02 points & authorities in opposition to the petition and supplemental petition for writ of supersedeas. If real parties in interest file points and authorities in opposition, petitioenrsmay reply to the opposition within 5 days after its is filed in this court." appellatecases.courtinfo.ca.gov God Bless America!

To: Jeffrey S. Mitchell who wrote (2730)	4/17/2002 8:10:36 PM
From: Anthony@Pacific	Read Replies (3) \| Respond to of 12465

How about a message board that charges 10 bucks a month and the ten bucks goes into a legal trust fund for this guy. horvitzlevy.com ( I have talked with him and the guy is as amazing and he has a track record that is unparralleled, in my opinion, with that said, Its possible that I may be hiring him ) He reduced the 4 mill punitive damages award in BMW case down to 50 K. Every dime would just sit there and if someone sued a poster on that message board system, This guy would nail the baby whiny faced scumsucking leaches with a 2 by 4. Id gladly pay and I bet thousands of others would also. Day & Delfino need to win this case, if they dont the result would be the end of message boards all together.

To: Jeffrey S. Mitchell who wrote (2730)	4/18/2002 1:34:38 PM
From: The Philosopher	Read Replies (1) \| Respond to of 12465

Jeff -- I usually agree with you, but not this time. From what I saw of the case, evidence, and rulings, what Delfino and Day did was so far over the line, imaginary or not, that it's a favor to society to put them behind bars if that's the only way to get them away from computers. Even the most ardent free speech advocates admit that there are some limits to free speech. What the Ds did, I believe, wasn't free speech, it was abuse of free speech--even anti-free speech.