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Microcap & Penny Stocks : Ben Ezra Weinstein (BNEZ) -- Ignore unavailable to you. Want to Upgrade?

To: MoneyMade who wrote (4229)	11/2/1998 2:55:00 PM
From: Trooper	Read Replies (5) \| Respond to of 9391

Down to $.27! Now I'm OFFICIALLY down $1000.00 for today. That's for todays buys only! Hey Elio, still buying?????

To: MoneyMade who wrote (4229)	11/2/1998 4:01:00 PM
From: Jud	Read Replies (2) \| Respond to of 9391

As you all know, we received positive information on the AOL lawsuit Friday thanks to Mitchell. Mitchell has also arranged to have the ruling posted for us. Thanks much Mitchell! The original information we received indicated two things. First, that BNEZ has been awarded limited discovery. Second, that the judge had ruled against summary judgment. As to limited discovery, from the BNEZ press release it appears that the BNEZ attorneys are going to be asking up to 25 questions (in detail, I assume) and deposing up to 4 individuals. I believe this is being done in order to show that AOL was doing more than simply posting and/or providing the infrastructure for posting third party information. If BNEZ is successful in obtaining evidence that AOL is actually publishing information of its own, it is my understanding that AOL will be in trouble with its heretofore strong defense of using the CDA as a shield. The pleadings from BNEZ's attorneys basically outline why discovery is needed in order to acquire the evidence required to prove their case. IMHO. But, now take a look at what BNEZ says in the press release about the summary judgment. (I have not read the ruling yet, but plan to do so tonight.) BNEZ says that the judge postponed the decision on summary judgment. I read this to mean he said no, for now. This is vastly different than no. IMHO. Why is it different? Well, in my opinion, it means that BNEZ is now going to go off discovering for 90 days and then present what it has found to the judge and at that time he will decide on summary judgement. I am not sure I am correct on this but I believe that either party to a case can ask for summary judgment and in this case it was AOL. They basically said they are a internet provider of third party info and this damaging third party info was posted on their service, but they are not liable because of the provisions of the CDA. So, on its face, the case lacks merit and it should be dismissed. The judge, I believe, is saying he does not know that that is true and he will be able to make a better decision after BNEZ does limited discovery and presents to him its findings. At that point the judge may rule in favor of AOL for summary judgment or against AOL and the case goes to trial. My point here is that summary judgment is a means to avoid a trial. AOL has not lost summary judgment against BNEZ, in my opinion. That decision has yet to be made. 90 days for discovery. 60 more for the judge to rule. 30 more for whatever. So, in about 6 months, we may get a ruling on summary judgment. No, and I think BNEZ and AOL will start getting ready for trial. Yes, and BNEZ packs its bags. So, bottom line is that Friday's ruling was not perhaps all that it was believed to be. IN OTHER WORDS, A NO TO AOL ON SUMMARY JUDGMENT WOULD HAVE MEANT A TRIAL (OR SETTLEMENT), I THINK. BUT AOL DID NOT GET A HARD NO ON SUMMARY JUDGMENT. What they got was a setback in time and a requirement that they open up to BNEZ's questioning. IN EFFECT, AOL GOT A SOFT NO. Sorry about being so wordy but the way I see it, the ruling is positive, but not as positive as I thought on Friday. The positive we have is that AOL must permit discovery. Summary judgment is a neat vehicle to use to cut short a lawsuit without merit. Its still out there folks. IMHO.