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----- Original Message -----

From: " Kae (by way of ilena rose) " <gkh1942@...>

<Recipient List Suppressed:;>

Sent: Thursday, February 21, 2002 7:21 PM

Subject: " HOPE TO BE IN COURT "

> Hi Ilena and all of the wonderful supportive ladies out there,

>

> Just want to let the ladies know, that through all of my endeavors to be

> inside a court room with Baxter on May 7, 2002, I might not make it.

>

> I sure could use some help in the prayer department. Monday the 25th is

> when I appear in court for their Motion for Mandatory Dismissal 5 year

> rule in Nevada which is rule 41(e). If you have filed a claim and have

> not prosecuted (been inside of the courtroom) within 5 years then the

> claim is mandatory for dismissal. I think that the time was " tolled " due

> to the court was suppose to be setting the trial dates. I finally went

in

> and ask for a court date, because I had read this rule and the courts had

> not set a date for me.

>

> Seems funny how our prior attorneys can use up all of our time and get

> nothing acomplished and then there is no time left for us to continue on.

> The Judge did set trial for May 7, 2002. Baxter is claiming I should have

> been in Jan 2002 not May 2002 ( 3 little months, after I have waited for

> years). Just got to be some humor here somewhere, when others have all of

> the control over the time to get into the courtroom and then you take

over

> and it is set for a court date, then you are penalized for their lack of

> actions. If anyone out there knows about " tolling of time " on these cases

> and what happens to the period of time that is " ticking away " while you

> are waiting for the court to set a trial date, please let me know. It

just

> does not seem logical to me that " my time " should be " ticking " because I

> had to wait for someone else to do something. I have answered the

Motion,

> but still am concerned because when you take a case over from someone

else

> and do not have all of the events that have and are happening, then I

feel

> like I am shooting in the dark.

>

> I could have been there in January if I had known about this rule and

also

> if the court calendar would have allowed for a 3-4 week trial is another

> question. Oh well, I am not going to beat myself up over this, I feel as

a

> lay person I have done everything as fast as I could considering that

this

> is a complex litigation case. It is kind of like Alfred Hitchcock movie

> where you spend all of the time doing and getting there and then at the

> last minute you will never know what would have happened if it had been

> allowed to continue. Sorry for the rambling on, just venting.

>

> But seriously put some prayer in motion for me. I have not given up yet.

>

> Thank to all of you, Love Kae

>

>

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