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January 31, 2006

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  Braun et al v. Norton Update

Dear Pleasure Cove Marina Permittee/Plaintiffs,

The following is a brief summary update of the Braun et al v. Norton case.  Because this matter involves pending litigation, I prefer to limit the contents of this report to the general status of the case without including specific details about legal and settlement issues and strategies.  Please understand that I am always available to you and permittees through confidential communications in response to any inquiry about the case.
 
Recent court developments in the case include:
  • The court granted plaintiffs' motion for leave to amend to add additional plaintiffs.  (This means that the original plaintiffs have been granted the right to amend the complaint to add additional plaintiffs).
  • Plaintiffs have initiated and the parties have been engaged in informal good faith communications in the effort to institute a settlement process for the purpose of exploring a mutually beneficial compromise settlement in the case.
  • The court vacated the hearing for various motions filed by defendants, which was scheduled on January 31, 2005, without recalendaring a new hearing date.  Responsive documents will be filed with the court.
  • A case status conference is scheduled on February 6, 2006.  
Please contact me for specific information about any questions you may have about the pending litigation.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200

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