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Update on AG's Case from RedWeek (by Jeffrey W.):
Despite a public blackout on information, Eichner's attorneys continue to make noise in court, where they have successfully blocked the AG from proceeding with four under-oath depositions of key figures in the Manhattan Club case, including the former head of sales. The club's legal team filed motions for a "show cause" hearing Dec. 9 and secured a temporary restraining order to halt the AG's examinations pending a hearing that was scheduled for Jan. 26. One week ago, however, the petition for a hearing was withdrawn after the AG, voluntarily, withdrew subpoenas for the potential witnesses. Eichner's team then asked the court to vacate the TRO "without prejudice," which means they can re-file it at a later date if desired. Legal buffs will enjoy the rationale that Eichner's attorneys presented to justify blocking the subpoenas: they asserted that, since the AG is pursuing simultaneous civil and criminal investigations, the AG would use answers from the civil depositions to further its criminal case. Without protection, the attorneys argued, Eichner's colleagues would have to invoke their 5th Amendment protection against self-incrimination --- which, they said, the AG would use against them (as if they were admissions of wrongdoing) in the civil investigation of fraud at the club. None of this does a single thing for owners worried about reservations or maintenance fees. It's just another twist in a tortured legal case that will continue to haunt the timeshare industry until it is resolved on behalf of Manhattan Club owners. Eichner's lead attorney in this round of legal jousting is Kelly A. Librera. Serwat Farooq is the AG's primary lawyer, among many. I encourage all owners to read the NY court files, which are easily accessible over the Internet: case 451536-2014 in the Supreme Court of New York, New York County.