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Published 2008-05-15 16:20:00
 


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Update on Philadelphia Class Action Case

November 9, 1999
(Marijuananews note: I went to Philadelphia this weekend after the SSDP conference to visit with Larry Hirsch, the attorney for the Class Action. He has done an extraordinary job – working with Kiyoshi Kuromiya, the lead plaintiff -- in responding to the government’s attempt to get the case dismissed.

Below is an update from Joan Bello that will be of particular interest to patients.

There will be a further report in a few days.)
See
Action Class Update:
Judge Has Signed The Order To Allow Each Side An Additional 90 Days
To Prepare Its Case And To Extend The "Discovery Cutoff".
A Court Date Has Not Been Set, But Expected To Be Mid-October Of 1999.


The United States Government has been stonewalling our efforts to obtain their records on the Investigative New Drug compassionate-use program in which they are currently providing medical marijuana to eight surviving patients. They have also provided very minimal information to the interrogatories we presented to them. This information will help to determine their rationale behind providing a life-saving medicine to only a select few Americans while prohibiting its use by all others.

Chief Counsel, Larry Hirsch, has just filed several documents in response to the government’s formal request that our case be dismissed. On October 28th, he submitted an affidavit written by lead plaintiff, Kiyoshi Kuromiya, on behalf of all plaintiffs. On November 3rd, Attorney Hirsch filed Plaintiffs Opposition Memorandum, Points of Opposition, and Authorities, in which he states:
"Defendant, without the submission of any evidence on the record has filed a bad faith motion for summary judgment in order to deprive plaintiffs from going to trial on the issues in this case. This court will be asked in a separate motion to grant all appropriate relief to the plaintiffs under Rule 56(g), including reasonable expenses, attorney's fees and to impose sanctions and contempt orders against the government and its attorneys."

In response to Kiyoshi's affidavit, the government asked for a time extension to respond. On November 4th, Judge Katz granted the Defendant an additional 11 days. The government’s reply brief is due no later than November 15, 1999. Mr. Hirsch will be filing several motions in the next week, all of which will push for justice for all.

New Plaintiffs

The class action is STILL accepting NEW plaintiffs. Since Attorney Hirsch will be notifying Judge Katz that we are nearly 500 strong, we don’t really know if there will be a time constraint on how much longer we can accept new members. Hopefully, we will grow to so many and become so strong that we will no longer be ignored.

Interested persons are encouraged to contact Joan Bello at 561-750-0554 or tiffywiff2@aol.com.

There is a one-time $36 Application Fee (which can be paid over time if necessary).

Interrogatories and Application Fee

It is very important that we have your Interrogatories so that when it comes time to produce them, we can. If you have not sent in this information, please mail to: LifeServices, PO Box 4314, Boca Raton, FL 33429.

For those concerned, we have NOT produced your information to the government. We will not submit your answers until we are guaranteed that this information will not jeopardize either you or your physician.

Larry Hirsch has planned to request of Judge Katz a protection from prosecution due to Answers to Interrogatories.

If you need a copy of the Interrogatories, contact Lori Martz KAYLEIGH@LL.NET or (507) 333-2536> or Karen Baker OCANVAS@OLYPEN.COM and we will get the information to you.

For those yet to pay the $36 application fee for joining the lawsuit, please mail this to LifeServices as soon as possible.

Health Care Professionals
We are looking for health care professionals such as: medical doctors, psychologists, nutritionists, orthopedists, nurses, chiropractors, etc. who are supportive of our mission and would be interested in signing an affidavit that he/she approves of cannabis as medicine and would recommend it if legally authorized to do so. Maybe your health care professional would be willing to sign this affidavit.

If you know of any health care professionals interested in further information, you may direct your inquiries to Lori Martz.

Fundraising
In an effort to keep this lawsuit moving forward, we are putting together a fundraising packet to assist in getting funds. In the past, through generous donations, approximately 70 plaintiffs from around the country were able to attend the first Federal Court hearing in Philadelphia, March 3, 1999.

This was certainly a major achievement and demonstrated how determination and the generosity of others can result in great success! We may well have another hearing soon. Once again, member of the Action Class may need immediate mobilization and funding. And of course, as part of the upcoming trial, it is anticipated that ALL plaintiffs who are able to travel will come to the Eastern District Court of Pennsylvania to testify about their medical history and need for therapeutic cannabis.

To cover our mailings/filings/depositions/investigations, all our records and data-basing, our networking, as well as to meet our financial obligations for contracted work, we will be initiating a major fund raising effort through the Lifeservices Headquarters in Florida. If we are to continue to move against this giant machine of corruption, we need your help. All of our activities require the support of donations. In an attempt to locate financial backing, I am asking EACH one of you to find at least ONE potential donor (person or agency) in your local community and provide this information to me. Any person who is in sympathy with this movement for justice and compassion or any agency that you know is in our corner, we will be pleased to contact.

Public support for medical marijuana demonstrates that health care professionals, patients, their friends and family want this medicine available to ALL persons who could benefit from the healing properties of cannabis. Over 65 national organizations support access to this medicine. With this national public support, there are many potential donors who would be enthusiastic in supporting our lawsuit.

Together - we must find them!

We are heartened by everybody’s hard work and dedication to the Peoples Class Action. Our lawsuit will have major implications that hopefully can help America become what it is supposed to be. To succeed in such an enormous task, everyone’s talents and participation are vital. We have some exciting events coming up – let’s all be ready to speak in strength and unity.

In friendship,
Joan Bello
Director of the Peoples Class Action for Therapeutic Cannabis

Lori Martz
Assistant to the Director

 
 

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