MONTANA MINERS MOVE AHEAD WITH LAWSUIT AFTER COURT RULES WITH THEM AS TO NO "FAST TRACKING FOR EARLY SETTLEMENT"
Round One to the Montana miners who simply want to operate their White Hope mine near Lincoln, Montana. 83 year old George Kornec and 65 year old Phil Nappo advised their counsel Fred Kelly Grant, a member of the Maryland Bar, and Josh Campbell, a Great Falls attorney, that they wanted to win on the merits, not by settlement. That's the position that Campbell took at the scheduling conference on September 4. And, that's the position adopted by US District Judge Charles Lovell in his Scheduling Order of September 8.
Judge Lovell had favored a "fast tracking" of the case, with early settlement in mind. But his Order followed Grant and Campbell's suggestion to move on a more deliberate course in the case. He granted counsel's motion to set October 1 as the date for filing an amended Answer.
According to Grant "We consider this a win of the first round for George and Phil. So far we have avoided "fast tracking" that usually leads to settlement, leaving decisions on the merits for "next time." George and Phil don't want a "next time". They want their rights settled once and for all. Josh and I will do everything in our power to make sure that happens---and, oh yes, the rights must be settled for George and Phil, not the government. Anything less is a loss---Josh and I don't like to lose. And, neither do our clients."
The next court appearance will be on November 12 when the parties are directed to return for a Preliminary Pretrial Conference, ready to schedule arguments on pretrial motions, arguments on amended pleadings and counter claims, motions for discovery and approval of a Case Management Plan." An amended answer must be filed by October 1. The attorneys must meet in a planning conference no later than October 20 and submit an agreed Case Management Plan by November 3. They must be ready to schedule arguments for decisions on all pretrial matters by November 12.
Grant pointed out "Josh did a great job at the scheduling meeting". Now we are moving on making sure that George and Phil's counterattack to the government is as strong and ready as possible by November 12."
In order to do that, counsel need the help of every private property organization and citizen who ever sets foot on the national forest. In a telephone conversation today, Grant pointed out that :
"Heavily financed opponents are trying to take these claims from George and Phil. We need financial support for extra security for George and Phil, for getting expert witnesses, for travel connected with the lawsuit, filing legally sound counter claims seeking damages from the government, and all costs associated with a 'big case' like this one. George and Phil simply don't have the kind of dollars it will take to beat back this pack of money loaded foes, all of whom want control of George and Phil's rights."
Meantime, counsels are preparing an amended answer setting forth even more affirmative defenses, as well as draft pleadings for seven new conflicts of interest".
Fred Kelly Grant
Fred Kelly Grant LTD
"In times of universal deceit, telling the truth becomes a revolutionary act"
-George Orwell
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