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Act 107: We Move to Stay the Trial

Although it's impossible to predict exactly how they're going to rule, many of the questions asked by the judges at the Appeals Hearing led us to suspect that they might rule on the "merits" of the injunctions (which simply means that they might not base their rulings on procedural issues alone, they might issue opinions about the applications of relevant laws). If Judge Zatkoff were to issue instructions to a jury based on his understanding of the law and then the Court of Appeals were to subsequently interpret the law differently, we might have to start all over again with a new trial. And so, on November 5, 2002, we asked Judge Zatkoff to "stay" (postpone) the trial until the Court of Appeals issues its rulings.



UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE TAUBMAN COMPANY
LIMITED PARTNERSHIP,
 
Plaintiff, 
 
 Civil Action No. 01-72987
v.
 District Judge Zatkoff
WEBFEATS AND HENRY MISHKOFF, Magistrate Judge Komives
 
Defendants. 


MOTION TO STAY TRIAL

Defendants move the Court to defer the trial on the merits in this case until after the Court of Appeals has ruled on the issues of personal jurisdiction and the propriety of the preliminary injunctions already issued in this case. On November 1, defendants' undersigned counsel Mr. Levy telephoned plaintiff's counsel Julie Greenberg to request her concurrence in this motion; his call has not yet been returned.

Respectfully submitted,

    Barbara Harvey (P25478)
    Suite 3060
    Penobscot Building
    645 Griswold
    Detroit, Michigan 48226
    (313) 963-3570

    Paul Alan Levy (DC Bar No. 946400)
    Allison M. Zieve (DC Bar No. 424786)
    Public Citizen Litigation Group
    1600 - 20th Street, N.W.
    Washington, D.C. 20009
    (202) 588-1000

    Attorneys for Defendants

November 5, 2002


A few days later, Ms. Greenberg agreed that Taubman would also like to defer the trial – so we submitted this amended motion on November 11.


UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE TAUBMAN COMPANY
LIMITED PARTNERSHIP,
 
Plaintiff, 
 
 Civil Action No. 01-72987
v.
 District Judge Zatkoff
WEBFEATS AND HENRY MISHKOFF, Magistrate Judge Komives
 
Defendants. 


CONSENT MOTION TO STAY TRIAL (AS AMENDED)

Defendants move the Court to defer the trial on the merits in this case until after the Court of Appeals has ruled on the issues of personal jurisdiction and the propriety of the preliminary injunctions already issued in this case. On November 8, defendants' undersigned counsel Mr. Levy discussed this motion with plaintiff's counsel Julie Greenberg, who agreed to it and authorized undersigned to represent to the Court that plaintiff concurs in the motion.

Respectfully submitted,

    Barbara Harvey (P25478)
    Suite 3060
    Penobscot Building
    645 Griswold
    Detroit, Michigan 48226
    (313) 963-3570

    Paul Alan Levy (DC Bar No. 946400)
    Allison M. Zieve (DC Bar No. 424786)
    Public Citizen Litigation Group
    1600 - 20th Street, N.W.
    Washington, D.C. 20009
    (202) 588-1000

    Attorneys for Defendants

November 11, 2002


Next: Memorandum

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