[Lnc-business] Motion to assist funding LPKY legal actions - KET - seeking cosponsors

Sat Sep 24 08:55:57 EDT 2016

With the funds already allocated, I also withdraw my sponsorship of the
motion on KET legal activity.

Brett C. Bittner

Region 3 Representative
Libertarian National Committee

brett.bittner at lp.org
317.643.2566

**This message sent from my phone. Please excuse any typos.

On Sep 24, 2016 08:23, "Joshua Katz" <planning4liberty at gmail.com> wrote:

> In light of the minutes posted from 2014, I'm going to withdraw my
> sponsorship of this.  It seems to me we have the money allocated.
>
> Joshua A. Katz
> Westbrook CT Planning Commission (L in R seat)
>
> On Sat, Sep 24, 2016 at 12:05 AM, Ken Moellman <ken.moellman at lpky.org>
> wrote:
>
>> Sam, Joshua, et al -
>>
>> Before I brought the motion for the KET case, I had the same question and
>> asked the attorney to please tell me if any further expenses were
>> expected.  He confirmed that we should not have any more costs, unless and
>> until such time as the case would go to a jury.  Given the speed of the
>> case, I don't see that happening for a year or better, if it ever became
>> necessary at all.
>>
>> I do not recall if the original allocation was done via motion, but I'd
>> think it would have had to have been. The LNC-pledged amount of $5000, made
>> in September 2014, was based on a request made by me, in my previous role
>> as LPKY chair, given the information we had at the time. Since then, LPKY
>> covered the initial round of additional costs.  The costs incurred in the
>> past month were the result of depositions that were not
>> originally anticipated in the 2014 ask.
>>
>> One of two outcomes are being sought, but I don't know if I'm supposed to
>> publicize it (I don't want to do anything that could harm the case).  If
>> anyone has questions about the case, I would be happy to give you those
>> answers with the OK of the attorney. Alternately, I can put you in direct
>> contact with the attorney and he'd probably be willing to do a conference
>> call in Executive Session with the LNC.  It is my understand that Oliver
>> Hall is also up to speed on this case, and may be able to provide legal
>> information.
>>
>>
>> ken
>> ---
>>
>> Ken C. Moellman, Jr.
>> LNC Region 3 Alternate Representative
>> LPKY Judicial Committee
>>
>>
>>
>> On 2016-09-23 16:43, Sam Goldstein wrote:
>>
>> Ken,
>>
>> Is there any estimate of the cost of this lawsuit?  I'd hate for the LNC
>> to commit to continuous
>> legal fee for years to come.  What would be the best outcome for the LPKY
>> and the LNC?
>>
>> Sam
>>
>> Sam Goldstein
>> Libertarian National Committee
>> Member at Large
>> 8925 N Meridian St, Ste 101
>> Indianapolis IN 46260
>> 317-850-0726 Phone
>> 317-582-1773 Fax
>>
>> On Fri, Sep 23, 2016 at 4:03 PM, Joshua Katz <planning4liberty at gmail.com>
>> wrote:
>>
>>> I'll move this, assuming I can get cosponsors, but I'm curious how it is
>>> that the LNC committed to $5,000, costs ran high, and the LNC contributed
>>> only $2,500.  We committed via a motion, correct?
>>>
>>> Joshua A. Katz
>>> Westbrook CT Planning Commission (L in R seat)
>>>
>>> On Thu, Sep 22, 2016 at 9:07 AM, Ken Moellman <ken.moellman at lpky.org>
>>> wrote:
>>>
>>>> *I am requesting co-sponsors for the following motion:*
>>>> *The LNC will allocate and send to LPKY's attorney, Chris Wiest,  $7000
>>>> to cover costs in the KET case.*
>>>>
>>>> *KET*
>>>>
>>>> LPKY has been involved in litigation against KET (Kentucky Educational
>>>> Television) since late 2014.  KET had changed their criteria 5 or 6 times
>>>> throughout the election cycle, but made clear well before the final version
>>>> of the criteria were adopted, that the Libertarian candidate (Patterson)
>>>> would not be invited to the KET debate/forum based on that criteria (that
>>>> kept changing to make sure of that).
>>>>
>>>> Originally, as the case was filed, the LNC had committed to $5,000,
>>>> LPKY had committed to $2,500, and the Patterson campaign had committed to
>>>> $1,000.
>>>>
>>>> What was actually contributed was $2500 from the LNC, $4750 from LPKY,
>>>> and $1000 from the Patterson campaign.
>>>>
>>>> The case was converted to a civil trial.  It was agreed upon that, if
>>>> we win, any blanket award is to be split up according to contribution
>>>> levels by each organization.  The case stalled out as KET's attorneys keep
>>>> playing games and the judge is slow. Basically, they're trying to wear us
>>>> down, and they definitely don't want the public to know what they've done.
>>>>
>>>> The case has recently has racked up serious deficits in costs related
>>>> to depositions, including transcription costs and travel to DC for a
>>>> particular deposition, copying, etc.  This is costs, not attorney fees or
>>>> time.  The bill includes $12,056.15 in recent Court reporter invoices alone.
>>>>
>>>> The fund for this case is now $7,000 in the hole.  If this case is to
>>>> continue, it needs immediate financial assistance.  We expect that
>>>> additional funding won't be necessary until such time that we actually get
>>>> to a trial. Given the speed at which this case has been occurring, it is
>>>> likely to be a year before any additional funding would be requested.
>>>>
>>>> Therefore, it is requested that $7000 be allocated from the LNC to the
>>>> KET case.
>>>>
>>>> --
>>>>
>>>> Ken C. Moellman, Jr.
>>>> LNC Region 3 Alternate Representative
>>>> LPKY Judicial Committee
>>>>
>>>>
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>>>
>>>
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>>
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