Summary - ASD Members Business Association CallSummary - ASD Members
Business Association Call
9-10-08
Folks it was another long
call tonight, but honestly
it is to anyone's
benefit to be on theses
calls. There is a lot of extraneous
information
that is shared on these
calls and it is to everyone's
benefit to be as
'informed' as possible.
At this point everyone
is waiting for a "response"
from the
judge in order to know
how to move forward.
Tonight, Mike,
from the Friedman Law Firm
was on the call and
gave just a brief update
as to where things stand at
present.
*There is not a
lot to add
tonight, there
has not been any filings
since August 29th.
*We are still interviewing
firms to act as local
council in the District
of Columbia.
*There is still
a need for the retainer to
reach the minimum
of $100,000
to make an appearance in
court. It is about three-quarters
of the way
there.
Q) What do you
see as the timing right now
that the judge might come
in
and have
something to say?
A) The
judge is either going to order
evidentiary hearings on the
motions
to dismiss, and to release
the funds, And I believe there
is a request to
reply for October for the
pending motions.
Q) If something
comes in on the Judges docket
for the day, even if it is
posted
late, it would
still show on the docket,
is that correct?
A) Yes.There is an electronic
system, called 'Pacer' that
is used by the federal
court that allows parties
to find out what has been
posted or filed with the court
that day.
Q) What about the
Subpoena,..is there anyway
to know whether ASD or
AdSurfDaily representatives
actually show up on the 9th
before the Grand
Jury? There was
talk that it was postponed.
A) The
only information I have is
the subpoena itself which
requires and appearance
by yesterday, September
the 9th, at 9:00 am .
Whether or not that occurred
I do not
know. It is not unusual,
especially in regards to producing
documents, for a party to
request an extension.
Q) Why have we
not gone forward with a notice
of appearance and the
timing
for that to happen.
(Bob added
before Mike answered -
I have explained to most
people that sometimes
it is better to wait, let
everybody else 'fire their rounds' - so
to speak, they
educate us, and it
allows us to prepare a better
case. At this point,
everyone has
fired their first and second
round, now we
are able to go in 'by
design'
and file our motion
or schedule appointments to
talk to certain parties
to find out
exactly what we want
to bring to the table to best
represent the members of
the trust.)
A) What
we are going to need to do
is file a motion to appear
and plead intervention
on behalf of the trust
in order to assert our claim.
As far as where we are with
that
action, we have to retain
local council, as we explained
already, and also there is
the
matter of the retainer
that needs to be met in order
to make an appearance in court,
which the trust is still
short in.
Q) We could be
going forward with the notice
of appearance, and the best
thing that
could happen is
that it would happen tomorrow,
but the only thing that is
holding us up
is meeting the
threshold of the original
100,000 retainer. Correct?
A) I agree, once that is
met, we will be able to retain
local council, and be able
to make
that
appearance.
Mike left the call
and Bob Guenther took over
-
There was A LOT shared,
the call was ended around
11:00 pm due to phone
disruption and not because
of a lack of interest to hear
more.
Important
Note:
* A DEAD LINE
for sending in funds for the
Legal Trust, MONDAY,
September 15th,
if you want to be
represented in this action.
A minimum contribution
of $25.00 is
required to be a part of the
trust.
* If you have sent
in less than 25.00,
your money will be refunded
to you.
----------------
Listen,..a lot of people
were excited about being represented
legally when this whole
debacle took place,
and it seems since Andy
has been coming on the conference
calls, people are feeling
'hopeful' that ASD
will be back up and running
soon, so they
don't want to shell
out any money for the fund,
when it might not
even be necessary.
Who doesn't 'want'
to believe that this whole
nightmare will just go away!
It's up to you
to weigh out the information,
but personally, I would get
your money
into the Legal fund.
If you don't meet the
deadline and the judge rules
against
ASD,...you will be
glad that you're represented, I
think it's a
prudent decision.
|