The attempt to settle the lawsuits appears to have failed, according to the below E-mail. Here is the authoritative account of the failed agreement.
Since our November 1st mediation session with representatives from the Pacifica Board, we have been in almost non-stop negotiations to attempt to settle the lawsuits on terms that we could have confidence would permit us to restore Pacifica to its mission. All attempts have failed.
The board, at its November 18th meeting in Washington, adopted a resolution to create a “transition board” that would then attempt to settle the lawsuits, among other things. However, despite the fact that we offered to release any director who resigned by November 30th, no director has resigned and no “transition board” was established.
At this point it is clear to me that the board majority that has (at least since 1999) acted with wanton disregard for the mission, staff, listeners, and best interests of Pacifica -- in a planned campaign to bring Pacifica into the mainstream media range of political analysis & criticism -- that this board majority simply will not let go without a “poison pill” that permits them to continue to control the board & to continue the political subversion of Pacifica.
Our attorneys' time spent on the negotiations -- drafting and redrafting proposed agreements & talking on the phone with attorneys for the defendants and for the plaintiffs in the other lawsuits -- has been virtually non-stop for a month.
One of our attorneys will fly to Houston tomorrow (Tuesday) to begin the depositions that were delayed so that negotiations could continue. There will be depositions almost every day from Tuesday until the trial in early January.
Also tomorrow, our attorneys will be in court seeking a contempt order against the Pacifica Board majority defendants -- for their failure to post the bond the court ordered last September to cover reimbursement of their attorneys' fees paid by Pacifica if they lose this case. (Some $1.6 million.)
Despite our best efforts to find another solution, it now appears almost certain that we will be going to trial on January 7th.
Your continued financial support is necessary -- both to keep the pressure up on them to agree to a reasonable a settlement, and for the final intensive weeks of trial preparation.
We have been offered a $25,000 match for all contributions to the listeners' lawsuit funds (addresses below) that we receive between now and December 15th -- It's my birthday on Wednesday & I'm accepting gifts in my “honor” to our legal fund. <grin>Pacifica Means Peace.
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