Re: [ga] Cavebear overcomes stonewall. Auerbach wins decisively.

[Jeff Williams <jwkckid1@ix.netcom.com>]

Sandy and all assembly members,

Sandy Harris wrote:

> Jeff Williams wrote:
> >
> > Gary and all assembly members,
> >
> > Gary Osbourne wrote:
> >
> > > Bret Fausett, who attended the court case this
> > > morning, has the details at:
> > > http://icann.blog.us/
> > > As they're still being posted I won't link to an
> > > individual item. Congrats to Karl and real openness.
> > > Let's see ICANN spin this one. -g
> >
> >   Well you can read all about it here:
> > http://www.icann.org/announcements/advisory-29jul02.htm
>
> That's the ICANN spin, alright. Getting dizzier by the
> minute :-)

  Yep.  But than again such spin should really be expected
however questionable it may be I suppose.  :(

>
>
> Cryptome has (an unofficial version of) the actual
> ruling:
>
> http://cryptome.org/auerbach-icann.htm

Yes, I read this one as well.  Passed it along also...

>

>
>
> " ... the court concludes that ... the Inspection
> " Procedures conflict with section 6334 and ... the
> " Bylaws by unreasonably restricting directors'
> " access to corporate records and depriving directors
> " of inspection rights afforded them by law.
> "
> " Furthermore, Lynn's 10/5/01 letter violates both
> " section 6334 and Bylaws Article V, Section 21 because
> " it deprives Auerbach of the inspection rights he has
> " under law and imposes such unreasonable requirements
> " as having to sign a confidentiality agreement and ...
> "
> " Based on the undisputed facts, there is no triable
> " issue as to any material fact and Petitioner Auerbach
> " is entitled to judgment as a matter of law granting
> " his Petition for Writ of Mandate.
> "
> " Respondent's Motion for Summary Judgment is denied.
> "
> " A Writ shall issue, the terms to be determined at
> " the hearing after argument.
>
> Her honour is not spinning their way.

  That's a pretty clear fact.  And a good thing too...

>
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Regards,

--
Jeffrey A. Williams
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