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Although it's impossible to predict exactly how they're going to rule,
many of the questions asked by the judges at the Appeals Hearing led us to suspect that they might
rule on the "merits" of the injunctions (which simply means that they might not base their rulings on
procedural issues alone, they might issue opinions about the applications of relevant laws). If Judge
Zatkoff were to issue instructions to a jury based on his understanding of the law and then the Court
of Appeals were to subsequently interpret the law differently, we might have to start all over again
with a new trial. And so, on November 5, 2002, we asked Judge Zatkoff to "stay" (postpone) the trial
until the Court of Appeals issues its rulings.
|
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
| THE TAUBMAN COMPANY |
| LIMITED PARTNERSHIP, |
| |
| Plaintiff, | |
| |
| | Civil Action No. 01-72987 |
| v. |
| | District Judge Zatkoff |
| WEBFEATS AND HENRY MISHKOFF, |
 |
Magistrate Judge Komives |
| |
| Defendants. | |
MOTION TO STAY TRIAL
Defendants move the Court to defer the trial on the merits in this case until after the Court of
Appeals has ruled on the issues of personal jurisdiction and the propriety of the preliminary
injunctions already issued in this case. On November 1, defendants' undersigned counsel Mr. Levy
telephoned plaintiff's counsel Julie Greenberg to request her concurrence in this motion; his call
has not yet been returned.
Respectfully submitted,
Barbara Harvey (P25478)
Suite 3060
Penobscot Building
645 Griswold
Detroit, Michigan 48226
(313) 963-3570
Paul Alan Levy (DC Bar No. 946400)
Allison M. Zieve (DC Bar No. 424786)
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
Attorneys for Defendants
November 5, 2002
|
A few days later, Ms. Greenberg agreed that Taubman would also like
to defer the trial – so we submitted this amended motion on November 11.
|
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
| THE TAUBMAN COMPANY |
| LIMITED PARTNERSHIP, |
| |
| Plaintiff, | |
| |
| | Civil Action No. 01-72987 |
| v. |
| | District Judge Zatkoff |
| WEBFEATS AND HENRY MISHKOFF, |
|
Magistrate Judge Komives |
| |
| Defendants. | |
CONSENT MOTION TO STAY TRIAL (AS AMENDED)
Defendants move the Court to defer the trial on the merits in this case until after the Court of
Appeals has ruled on the issues of personal jurisdiction and the propriety of the preliminary
injunctions already issued in this case. On November 8, defendants' undersigned counsel Mr. Levy
discussed this motion with plaintiff's counsel Julie Greenberg, who agreed to it and authorized
undersigned to represent to the Court that plaintiff concurs in the motion.
Respectfully submitted,
Barbara Harvey (P25478)
Suite 3060
Penobscot Building
645 Griswold
Detroit, Michigan 48226
(313) 963-3570
Paul Alan Levy (DC Bar No. 946400)
Allison M. Zieve (DC Bar No. 424786)
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
Attorneys for Defendants
November 11, 2002
|
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