To: R. Thomas who wrote (535 ) 5/14/1999 5:55:00 AM From: Sam Matz Read Replies (2) | Respond to of 1834
Hello all, long time no speak. I hope you all are doing well! Someone emailed the following to me and asked that I post it to the thread. Take it for what you will: ___________________________________________________________________ Certain events favorable to LifeOne's position in its arbitration case against Thomson, Kernaghan, & Co. have come to my attention, which I believe you and all other LifeOne shareholders would be interested to know; I would be grateful if you would share my report with the subscribers of SI. Subsequent to the T.K. press release dated April 15, T.K. filed a motion for injunction in aid of arbitration, asking the judge to prevent LifeOne from implementing its acquisition spin-out strategy. LifeOne's new legal counsel then filed with the Appellate Supreme Court of the State of N.Y. to have a stay placed on all contempt actions filed by T.K.. The newly presiding appellate judge did rule in support of LifeOne's request and did put a stay on all of T.K.'s motions until a "preliminary appeal" can be heard, tentatively scheduled for sometime in early June. (Preliminary appeals are conducted entirely through the submission of briefs.) The preliminary appeal may lead to a full appeal later on, at which time LifeOne would finally be allowed to support its case by presenting the complete body of evidence its legal counsel has mustered. The other of the two most likely possible outcomes at that juncture would be the dismissal of the case outright. With the stay currently in place, LifeOne has no legal limitations on its ability to execute its business plans and is proceeding forward. T.K. is extremely upset with the success of LifeOne's appeal because they thought they had the case all sewn up. Moral of the Story: Don't count your chickens before they hatch. Or more precisely, in the case of T.K., a chicken never stops making its egg.