FAX NUMBER for Judge Martin Jenkins: (415) 522-3605
From: "Lyn Gerry" <redlyn@loop.com>
Date: Thu, 8 Feb 2001 12:55:51 -0500
Subject: URGENT ACTION: Tell the judge to free the Pacifica Lawsuits
PLEASE put this into an email and FORWARD WIDELY
Dear All,
Yesterday we began contacting the Attorney General of California to ask him to prevent Pacifica Foundation from taking the Pacifica financial records out of California to Washington, DC because important records that we need in our legal cases could be "lost." (more info on this campiagn is at http://www.radio4all.org/freepacifica/murdock/lockyer_seize.html)
THERE IS SOMETHING ELSE VERY IMPORTANT THAT WE NEED TO DO: Write to a Federal Judge!
Read on...
In order for injunctions to be filed to stop the Murdock by-laws changes that would allow fast track sales of the stations, the moving of offices and records and so on, the cases must be IN COURT.
The Listeners Lawsuit, which was granted standing to sue on behalf of the AG, which plans to ask for an injunction is presently in LIMBO because of the delaying tactics of Epstein, Becker and Green on behalf of their clients on the Pacifica Board.
When the Listener Suit, and the suit by friendly Directors were filed, Pacifica's attorneys asked for them to be removed to Federal Court. This was a way to delay the demand to produce the financial records - and that means EVERYTHING, ALL OF THEM, EVERY CHECK, BANK STATEMENT of the Foundation, something that both the Director's Suit and the Listeners Suit (because of the involvement of the AG) are in a position to do.
This tactic also buys them time to further destroy Pacifica, while running up our legal costs.
So, these important and powerful tools to save Pacifica, those lawsuits, are presently in limbo because the are "on the desk" of Federal District Judge Martin Jenkins, who is deciding what court they should be heard in.
And while he is deciding, they are in NO court, and so injunctions CAN'T be filed.
Judge Jenkins has no way of knowing that what was filed as a routine sort of procedural motion, from his perspective, is a matter of vital urgency. WE NEED TO LET HIM KNOW, and ask him to please expedite our cases so that our lawyers can file emergency restraining orders.
Unfortunately, we can't do this on line or by phone, we have to write or send telegrams. To make matters worse, as of Jan. 31st Western Union discontinued its mailgram service and only offers a next day service of $25 for fifty words. Seems to me that, for half the price, one could use Express Mail or Fed Ex, so I recommend that. And, if the price is too steep, by all means sending a first class letter for 34 cents good too! [FAX NUMBER for Judge Martin Jenkins: (415) 522-3605]
THESE LETTERS MUST BE POLITE AND RESPECTFUL OR THEY ARE WORSE THAN NOTHING!
Make yours extra polite in fact, since the opposition will probably send offensive letters and try to attribute them to us. (This has happened before) So let's overwhelm that little CoIntelpro type tactic, with large numbers of our excellent letters.
WRITE TO:
Honorable Martin J. Jenkins
Federal District Court
Northern District of California
450 Golden Gate Ave 16th Floor
San Francisco, CA 94102
SAMPLE LETTER: (it doesn't have to be long, or in legalese. Type if you can, hand-write legibly if that is your only option. The most important thing is to do it!)
Dear Judge Jenkins,
I am writing to ask you to please expedite your decision on the Pacifica cases which are presently before you. Emergency restraining orders are needed to prevent Pacifica's Directors from destroying financial records, moving out of the state of California, and amending the by-laws to fast-track the sale of irreplaceable Foundation Assets.
Please issue your ruling right away so that the lawyers handling the Pacifica cases will have a court where they can file requests for emergency restraining orders.
Sincerely----------------Alternate version of letter:
Honorable Martin J. Jenkins
Federal District Court
Northern District of California
450 Golden Gate Ave 16th Floor
San Francisco, CA 94102
Dear Judge Jenkins,
I am writing to ask you to expedite your decision on the Pacifica cases that are presently before you. Emergency restraining orders are needed to prevent Pacifica's directors from destroying financial records, moving out of the state of California, and revising the foundation's by-laws to allow for the sale of radio stations KPFA (Berkeley), KPFK (Los Angeles), and KFCF (Fresno).
Please issue your ruling as soon as possible so that the lawyers for the plaintiffs in the Pacifica cases can file requests for emergency restraining orders.
Sincerely,
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