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howard_b_golden

05/21/04 12:26 PM

#41745 RE: SPIN #41738

SPIN - I have a hypothesis about the extension and filing:

(In all of the following, remember that IANAL, so I would appreciate comments from lawyers and others who have more knowledge than me.)

Assumptions: SPIN's "facts" are accurate. That is, I'm assuming that it is true that:

1. Wave's lawyers moved for an extension of time.
2. An answer, motion or other response has not been filed before the time expired.

I have not attempted to verify the above assumptions. I'm just accepting them for sake of argument.

Hypothesis: Wave's lawyers have communicated with plaintiff's lawyer(s) and they have agreed to an additional delay. The lawyers have agreed to stipulate to such delay in way that will be acceptable to the court. This will be made public at some point, but hasn't been publicized so far.

Basis for hypothesis: It is my belief that such delays may occur and that such informal discussion and agreement about the delays between the parties is encouraged by the court rather than filing motions and getting official permission. This is only a belief based on what I have seen in other disputes.

Comments: Your comments would be helpful to clarify this situation.
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crazylarry

05/21/04 5:31 PM

#41797 RE: SPIN #41738

Didn't respond? Maybe they are settling?....CL