this is from JimmyStephans who's a part of the FSC Colorado - one of the plaintiffs. thinking about this, it's pretty amazing the DOJ allowed them to add 2 more days to get new members after the original deal was signed. but you have to wonder what they gave up in return for that. the agreement is private and not even FSC members know what's in it.
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I think some people need to take a step back and catch their breath here.
I was there -- right in the middle of this stuff. The FSC of Colorado (a named Plaintiff in the case) is basically me, Andy Contiguglia and Mike Miller (lawyers) and just a few other Colorado people.
Mike has been my lawyer since I was in the landscaping business 25 years ago. I spend tons of time in that office, and I'm roommates with one of the Paralegals there.
Things you need to know:
1.... FSC and their lawyers DO NOT have legal standing in the court to represent you if you are not a member. Read the opening brief / complaint. They sued on behalf of their members -- they can't just sue on behalf of anybody that may have pictures on a hard drive.
In the strictly legal sense they could ONLY act on behalf of their members.
Those of us talking to them by AIM and such this week knew the truth. The deal was set Wednesday evening and it was only the massive efforts of the FSC guys that got the deal changed Thursday morning to include people that join FSC AFTER the deal was made / case was started.
Only by getting the DOJ AND THE JUDGE / COURT to agree to that do you have until the 25th.
Technically speaking the stipulation and agreement SHOULD HAVE only covered the named plaintiffs (as the judge himself said) -- and the named Plaintiffs are
FSC and its Members
FSC of Colorado and its members
David Conners
Lenjo, INC.
People seem to be pissed that they are not covered by the agreement -- BUT YOU CAN'T part of a lawsuit settlment if YOU ARE NOT part of the suit in the first place.
Technically this is not a settlement, but the same issues apply. The DOJ and Judge / Court did you all a favor by allowing the extra 48 hours to join FSC.
2... The other things that seems weird to me is how people are complaining about FSC.
Did you see anybody else jump up to do what they could?
Did Jerry Falwell come help?
ACLU?
Your mommy and daddy?
We are talking about GREAT legal minds here -- Louis Sirkin and Paul Cambria practice in front of the highest court in the land and turn down clients with a lot more cash than any of us have.
They each lost massive cash and spent tons to come out and handle this stuff.
This stipulation is temporary. If it goes forward it will cover everybody -- good or bad.
Read the original filing. They attacked the entire law 18 USC 2257, not just the new regulations -- the whole entire law!
The whole entire law!!!!
Not only will they VERY LIKELY get the new regs shut down, but there is a GREAT chance that they will get all of 2257 ruled as an unconstitutional prior restraint of protected speech -- which will likely take years.
If anybody wants to read the entire suit -- FSC side, and the DOJ reply, let me know and I'll post the PDFs someplace.
Jimmy
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06-24-2005, 06:41 PM
