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February 16, 2012 - two more motions:

021612-mtn-extnd-time-1546768
Defendants' motion for extension of time to file a response to Plantiff's motion to stay discovery

021612-resp-2-mtn-protect-order-1546767
Defendants' & cross claim plantiffs' response to motion for protective order

021312-Notice of Hearing
Date: Feb 27, 2012 Time 9:30am Place: Telephone Matter: Motions Hearing

February 9, 2012 - New Court Docs in SEC v W, etc ...

020912 - SECvW-RqTrialJury-321
Request for hearing and jury trial

020812-X-claimDefNotOpposition-153
Cross Claim Defendants' Notice of Opposition

020812-mtn-ext-timeExB-106
Exhibit B: Emails between Darin Foster (Kennedy & Han) to Shiloh Pallante (Deschamps & Kortemeier)

020812-mtn-ext-timeExA-105
Exhibit A: Emails between Selinger (Ikard Wynne) to Foster (Kennedy & Han)

020812-mtn-ext-time-104
Defendant's Motion to Extend Time to File Responses to Plaintiffs January 25, 2012 Motions

020812-mtn-abate-103
Defendant's Motion to Abate Response to Plaintiffs Jan. 25, 2012 Dispositive Motions

020812-abateJan25-DispMtn-exhA201
Same as document -103 above, but with Exhibit A

February 9, 2012 - Press Release

020912 press release and related articles
http://www.dchieftain.com/2012/02/08/cooperative-files-more-motions

http://www.dchieftain.com/2012/02/08/letters-to-the-editor-02082012

February 4, 2012 - Press release

All of you already know about the flurry of filing of five motions by Kennedy & Han on January 25, 2012 entitled: MOTION TO DISMISS CLAIMS FOR LACK OF SUBJECT MATTER JURISDICTION ..., PLAINTIFF'S MOTION TO DISMISS FOR LACK OF STANDING, PLAINTIFF'S MOTION TO DISMISS FOR FAILURE TO JOIN INDISPENSIBLE PARTY, MOTION TO DISMISS CLAIMS AND FOR JUDGMENT ON THE PLEADINGS BASED ON FAILURE TO PLEAD UNDER RULE 1-009 B, PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT AS TO ALL CLAIMS INVOLVING VOTING RIGHTS. See the "Chieftain" article of February 1, 2012 which describes the content of these 5 motions.

Now comes two more motions from Kennedy & Han filed February 1, 2012. PLAINTIFF'S MOTION TO STAY DISCOVERY and PLAINTIFF'S MOTION FOR PROTECTIVE ORDER Judge Mitchell had set a schedule for hearings on March 21st, June 21st, and Sept. 28 and urged attorney's to get started with discovery during a status hearing in December 2011. Staying DISCOVERY would delay this counter suit/request for class action even further. The second of the two new filings is really peculiar. Kennedy Han wants protection from Trustee Wagner! The following paragraph is taken from the filing.

"WHEREFORE, premises considered, Defendants request that this Court issue a Protective Order, relieving them of any and duties to disclose any information to Plaintiff Wagner under the Cooperative's Bylaws or the Inspection of Public Records Act."

As a Trustee for the 5th District and a member of the SEC, Charlie has a right to information. It will be interesting to see the ruling on this one!

All of the seven filings are on the Court Documents page here. At either $450 per hour for Mr. Kennedy or $250 per hour for Mr. Foster, this stack of paper will be very costly to the members who as a reward for being sued by the SEC and its Board of Trustees are going to have to pay for these motions to be heard. Say on the conservative side that each motion took 10 hours to prepare at $250 an hour that would amount to $17,500. At $450, the cost is $31,500. Remember this is the firm that filed another motion on November 21, 2011 PLAINTIFF'S MOTION TO RECONSIDER ORDER AWARDING ATTORNEY'S FEES. These fees of $13,000 to the three law firms were ordered by Judge Mitchell to pay the member's lawyers after they won the May 18, 2011 case concerning the implementation of the bylaws voted in by the members at the 2010 Annual Meeting. Our lawyers who won our case have not received payments but the lawyers who fought against us then and now get our money from the SEC.

Do you have a headache yet?

020412-press release

February 2, 2012 - Press release

2/1 - Co-op calls for countersuit to be dismissed (D Chieftain)
2/1 - You’re paying for attorneys fees (Letter - D Chieftain)
2/1 - Co-op correcting overcharges (D Chieftain)

Feb 2, 2012 Press release
Feb 2, 2012 - Alvin Hickox letter to the editor

JANUARY 25, 2012 COURT FILINGS

Document 1438889 - Motion to Dismiss Claims for Lack of Subject Matter Jurisdiction Under NMREC Act - 889   Document 1438907 - Motion to Dismiss for Failure to Join Indispensable Party - Includes 1st Affidavit of Joseph Herrera (GM) - 907
Document 1438908 - Plaintiff's Motion to Dismiss for Lack of Standing - 908
Document 1438910 - Motion to Dismiss Claims and for Judgement on the Pleadings Based on Failure to Plead under Rule 1-009(b) and 2nd Affidavit of Joseph Herrera - 910
Document - 1438911 - Plaintiff's Motion for Partial Summary Judgement as to all Claims Involving Voting Rights - Includes 2nd Affidavit of Joseph Herrera (GM) - 911