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02/20/08 5:18 PM

#6155 RE: posred1 #6151

Posred- PXD has already filed for a summary judgement based on the intervenor's alleged lack of standing to bring the suit. The hearing is scheduled for later this month.

So they are already doing what you suggest they might do.

It is just my opinion, but I don't see how the judge can issue a continuance without first ruling on the standing issue.

I would think MOSH would need to establish that the intervenor's have standing, perhaps via the assignment that Mike White clued us in to a few week ago, before a continuance could be granted.

It wouldn't make sense to give a party whose standing to sue is in question more time for discovery, as discovery is only useful to a party with standing to sue.

So hopefully they are arguing this point as we speak. It is in everyone's best interest to get this point resolved ASAP.

If it is resolved in MOSH's favor the units should fly, as a quick settlement would then become a real possibility.

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