So where do things stand - what's the time frame going forward?
Mellon's attorneys recently asked the court to reconsider dismissing the RICO (racketeering) count "with prejudice" (meaning that accusation cannot be re-filed). They argue that, although they have no evidence of racketeering now, if evidence turns up during discovery they should be able to re-awaken that part of the lawsuit. We have replied pointing out that nothing has changed since the judge made his ruling so there is no reason for him to alter his order. We await the court's decision.
The discovery process has begun. Mellon's attorneys have submitted initial Interrogatories (that's lawyer-speak for Questions. Never use 2 syllables when you can use 6) - for example, "Name any and all individuals that TIGHAR requested to review underwater footage from the 2010 expedition."; Requests for Document Production - for example, "Please produce any and all writings evidencing analysis of the underwater footage or photographs from the 2010 Niku VI expedition.; and Requests for Admissions - for example, "Please admit that Defendants represented to Mr. Mellon that the Earhart wreckage had not been found." I must provide all this by December 1.
We will be submitting our own discovery requests shortly.
Each side will have to disclose whatever experts they plan to call on to support their case. Mellon has to disclose the names and qualifications of his experts by February 28, 2014. We have to disclose the names and qualifications of our experts by March 28, 2014.
Discovery cutoff for both sides is April 30, 2014
A Dispositive Motion Hearing is set for July 17, 2014
A Final Pretrial Conference is scheduled for August 7, 2014
The trial, if there is one, is scheduled for six days beginning August 25, 2014
To date, we have incurred $22,000 in legal costs of which $17,000 has been paid. Our costs would be at least double that were it not for the pro bono work by TIGHAR attorney, board member, and expedition veteran Bill Carter. Please donate to the
Legal Defense Fund. We're getting a real bargain so the dollars you donate are basically doubled.
I'll post more legal documents on the TIGHAR website after I've checked to make sure it's okay.