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 governments 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
governments 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
governments 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 dont 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 everybodys 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, everyones talents and
participation are vital. We have some exciting events coming up lets 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