LIBERTY LOBBY, INC.,
Case No. 98-01048
LIBERTY LOBBY, INC.,
LEGION FOR THE SURVIVAL OF FREEDOM, INC.,
Adversary Case No. 01-10019
Wednesday, June 6, 2001
TRANSCRIPT OF HEARING
BEFORE THE HONORABLE S. MARTIN TEEL, JR.,
U.S. BANKRUPTCY JUDGE
APPEARANCES: THOMAS STANTON, ESQ.
On behalf of the Debtor
DARRELL CLARK, ESQ.
On behalf of Legion for the Survival of Freedom, Inc.
THE CLERK: This is the matter of Liberty Lobby, Inc., v. Legion for the Survival of Freedom, Inc., Adversary Proceeding 01-19. That matter is scheduled for status hearing.
Parties, state your appearances in this case, please.
MR. STANTON: Thomas Stanton for the debtor, Your Honor, plaintiff for the adversary matter.
MR. CLARK: Darrell Clark for the defendant Legion for the Survival of Freedom, LSF, Inc.
Your Honor, I filed a motion to dismiss on the same grounds as — the adversary proceeding is essentially the same thing as the motion. It seeks to enjoin LSF from declaring a default, enjoin LSF from terminating the forbearance as to Liberty Lobby and to all others.
MR. CLARK: When did you file your response? About a week ago?
MR. STANTON: My motion, yes, May 30th.
MR. CLARK: Your Honor, that was with our consent. We were both trying not to over-legalize this and litigate it.
THE COURT: I haven't seen the motion to dismiss yet, but I assume and I will grant it on the basis on the ruling in the main case.
Do you want to have a chance to respond to the motion to dismiss?
MR. STANTON: Yes, Your Honor, in light of what Your Honor is ruling.
THE COURT: Then I will continue this for a couple of weeks in the scheduling conference. Do you have a date that you prefer, Counsel, that you are already going to be here?
MR. STANTON: The week of the 12th of after that. I am trying to get away for a couple of weeks, but I don't know.
THE CLERK: The 12th of?
MR. STANTON: July? Is that possible?
MR. CLARK: As long as it is understand that there is no injunction against my client, that is fine.
THE CLERK: The 11th?
MR. CLARK: There is some confusion as to whether they can go forward in California, and --
MR. STANTON: Maybe we ought to do it sooner, then.
THE COURT: I am at the parties' convenience on this.
MR. STANTON: How about a week, Your Honor?
THE CLERK: Your Honor, I don't think we can accommodate them next week.
MR. CLARK: I have other matters on the 20th.
MR. STANTON: The 20th would be acceptable.
MR. CLARK: Perhaps Mr. Stanton --
THE COURT: Wait a minute.
THE CLERK: You are going to be --
THE COURT: The next week is worse.
THE CLERK: The next week is full.
THE COURT: After that, the week after that is worse because the 19th and 20th are blocked up.
THE CLERK: Right. I can probably bring them in on the 21st at --
THE COURT: June the 21st, is that when you are not going to be here?
MR. STANTON: That is fine, Your Honor. Yes, I will be here.
MR. CLARK: At 9:30?
THE CLERK: Let’s have it at 10:30.
MR. CLARK: 10:30. That is fine, Your Honor.
THE COURT: This matter is continued until June the 21st, 2001, at 10:30 a.m.
Thank you, Counsel.
MR. CLARK: Thank you, Your Honor.
MR. STANTON: Thank you, Your Honor.
THE CLERK: That concludes the matters for this morning.
Everyone rise. This Honorable Court stands in recess. The parties in this matter are excused.