Replies

."It would be interesting to see what Web Pacer has on the court document regarding this."

Funny that you should ask!

The official court records show that the original suit -- 98-CV-2859 -- was filed on 11/24/98 in D.C. federal district court with the jurisdictional basis being question (i.e., RICO). There were some ancillary state law claims such as a shareholder's derivative suit. The Plaintiffs were W. L. Meng, S.S. Jones, and Roy and Joan Gillison against Defendants Loral, Scwhartz, both Clintons, Terry MacAuliffe, and others. There appears to have been no substantive activity in the case.

In the fall of 1999, the Defendants started to file Motions to Dismiss. There were lots of pleadings back and forth about the dismissal for about a year. Finally, on 9/25/00, Judge Lamberth dismissed the federal (RICO) claims with prejudice (meaning that they could not be re-filed) and dismissed the state court claims without prejudice.

I believe that Bayourod posted Judge Lamberth's memorandum opinion which stated that he believed that the same reasons which caused him to dismiss the RICO claims would in his opinion also cause the state court claims to be subject to dismissal. But he advised the Plaintiffs to go back to state court and file their state law claims, if they wished, and that the state court would have to rule upon them. The court dismissed the case and closed the file.

I think that it was you, Deport, who posted the press release from JW in which Tom Fitton stated that JW would file an appeal of Judge Lamberth's dismissal of the RICO claims and would refile the remainder of the case in state court. But they did neither.

.On 10/10/00, the Plaintiffs filed a motion to alter or amend the judgment, which the Court did not rule upon. I am not sure if there is a period of time in federal court after which such a motion is overruled by operation of law or if the mere filing of the motion can keep the case active through infinity.

On 7/9/01 Judge Lamberth denied the motion to alter or amend the judgment. On 8/7/01 the Plaintiffs filed an appeal.

Also, on 8/8/01, Plaintiffs filed another suit based on their state law claims -- not in the applicable state as Judge Lamberth had instructed, but in federal district court for Washington, D.C. The reason for jurisdiction this time was not federal question (i.e., RICO), but diversity, meaning that the dispute was about state law but between citizens of different states (forgive me, Deport, for being so condescending -- I know that you know all of this stuff but I am trying to be informative for our non-lawyer Freepers).

Because some of the Plaintffs were citizens of the State of Virginia, all of the original Defendants who were citizens of the State of Virginia had to be dropped. This includes, among others, TERRY MACAULIFFE, WHO IS NO LONGER AND NEVER WILL BE A DEFENDANT IN ANY LORAL SHAREHOLDERS SUIT OR IN ANY CIVIL SUIT REGARDING THE SELLING OF OUR NATIONAL SECRETS TO THE CHINESE COMMUNISTS. [I don't have the heart to break this to ChaseR -- can one of you do it?]

As to why Larry Klayman would refile this case in a court where the judge has already stated that he doesn't think that even the state law case has merit, you would have to ask Mr. Klayman. I think that I know the answer [$$$$$$$], but I would like for Mr. Klayman to explain it for himself.

As to the new case (01-CV-1715), it has taken four months for people to get served and make an appearance. Nothing substantive has been done. The latest activity is that on 11/16/01 the Defendants filed a motion to stay all proceedings until the appeal on the related case is resolved.

And, no, I do not know how long it will be before Judge Lamberth dismisses this case as he did the first one.

#270 .... Iwo, thanks a million for the info. I could never find anything on the JW web site and usually larr will post any filings or activity immediately... Again thanks for your time and effort in running the info down.

TERRY MACAULIFFE, WHO IS NO LONGER AND NEVER WILL BE A DEFENDANT IN ANY LORAL SHAREHOLDERS SUIT OR IN ANY CIVIL SUIT REGARDING THE SELLING OF OUR NATIONAL SECRETS TO THE CHINESE COMMUNISTS

ROFLMAO!!! Think of the wasted bandwidth!!