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Original Message:

Latest Info on AG's Investigation: AG seeks to Push June 22nd Hearing to July 13th (by Jeffrey W.):

The Manhattan Club's request for a hearing June 22nd on whether to dismiss the Eichners from the case and vacate other parts of last July's injunction is now an object of contention. The AG filed a brief June 15 requesting a three-week postponement of the proposed hearing to July 13, based in part on assertions that the AG plans to reveal more substantive complaints against the club and its principals, the Eichner clan. Here's the gist of what the AG filed in court. "(The Eichners) have now filed two motions to partially vacate and curtail Justice (Arthur F.) Engoron's order, claiming that the order was improperly granted and that NYAG's public investigation should end. It is NYAG's position that the motions are baseless in law and fact and it is Respondents that have repeatedly missed deadlines, refused to provide discovery in a timely manner, and failed to comply with Justice Engoron's order. Nonetheless, to properly counter Respondents' motions, NYAG is diligently preparing opposition papers that not only refute Respondents' claim that the order was improperly granted, but also provide numerous additional grounds -- based in part on information uncovered pursuant to the order since it was granted -- that further demonstrate the propriety and necessity of the order." Gerald Shargel, the lead attorney for the Eichners and their co-respondent companies, fired back in a same-day brief, claiming there was no justification for a postponement given the fact that the AG has already a spent year investigating the Eichners "slowly" with no tangible result. The two sides are also arguing over which court should hear the motions --- the Commercial Division or another jurisdiction --- but that smacks of forum-shopping by both sides to find the best venues for their legal arguments. If you enjoy legal fist-fights, the court files are extremely educational. Highly recommended for all owners!