To: Trooper who wrote (4228 ) 11/2/1998 2:39:00 PM From: MoneyMade Read Replies (2) | Respond to of 9391
News is on the wire:But first read this definition Summary judgement Where an action cannot be settled by agreement then it may in certain circumstances be possible to apply to the court for summary judgement. Where a plaintiff can satisfy the court that there is no defence to the action it will be entitled to get immediate judgement. This application can be made at any time after the writ and statement of claim have been served on the defendant and the defendant has indicated it will defend the action. With this procedure a plaintiff can obtain prompt relief and avoid delaying tactics which may be used by the defendant to prolong the action. ==================================================================== To: MoneyMade (7887 ) From: bob Monday, Nov 2 1998 2:02PM ET Reply # of 7895 Is this what your talking about? Ben Ezra, Weinstein and Company, Inc. Obtains Limited Discovery In Its Litigation with America Online ALBUQUERQUE, N.M., Nov. 2 /PRNewswire/ -- Ben Ezra, Weinstein and Company, Inc. (OTC Bulletin Board: BNEZ) today announced that a federal judge presiding over its litigation with America Online ruled on two important motions. The court postponed AOL's motion for summary judgement, and granted Ben Ezra, Weinstein limited discovery regarding erroneous stock price and volume information that appeared on AOL in March 1997. "We receive numerous requests for information on the status of the case every day from shareholders," said Jack Ben Ezra, CEO and President, "and this is the simplest way of advising them of information that is in the public domain anyway." "We remind current and potential shareholders that we are in the software business, not the business of litigating with AOL," said Chief Operating Officer Michael Weinstein. "No one should view this event as anything other than a step, albeit a significant step, in a very long and complicated journey," he added. Ben Ezra stated that depositions of AOL personnel and consultants will be scheduled for completion within the next 90 days, as ordered by the court, after consultation with counsel. The Private Securities Reform Act of 1995 provides a "safe harbor" for forward-looking statements. Certain information included in this press release (as well as information in oral statements or other written statements made to or by Ben Ezra, Weinstein and Company, Inc.) contains statements that are forward-looking, such as statements relating to the future anticipated direction of the software industry, plans for future expansion, various business development activities, planned capital expenditures, future funding sources, anticipated sales growth, and potential contracts. Such forward-looking information involves important risks and uncertainties that could significantly affect anticipated results in the future, and accordingly, such results may differ from those expressed in any forward-looking made on or in behalf of Ben Ezra, Weinstein and Company, Inc. Those risks and uncertainties include, but are not limited to, those relating to development and expansion activities, dependence on existing management, financing activities, domestic and global economic conditions, changes in federal and state laws, and market competition factors. SOURCE Ben Ezra, Weinstein and Company, Inc. Web Site: benez.com