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President John D. Welty today
(March 4) sent this letter to the Fresno State campus community, members
of campus boards and volunteers:
You have probably heard or read recent media accounts regarding the
progress of the lawsuit that we are attempting to resolve. What follows
is provided in the hope that it will help you with a few more details
about what is happening.
The California State University attorneys had scheduled mediation last
Friday with Ms. Johnson-Klein’s attorneys but, unfortunately, at the
last minute Ms. Johnson-Klein’s attorneys decided to withdraw from the
mediation.
As a result, we filed a notice of appeal to protect all of our legal
options. The court-imposed deadline for filing an appeal is March 10,
2008. If we do not file an appeal, we will lose our opportunity to
continue to negotiate the size of the award and other legal issues. The
appeal preserves these options, including the opportunity to again
return to mediation, as originally planned, to resolve differences.
On the matter of interest, it accrues at the rate of 7% per annum
(simple interest) from February 20, 2008, which was the date the
amended/reduced judgment was filed.
And finally, regarding payment of attorneys’ fees, Ms. Johnson-Klein’s
attorneys will ask the judge at a March 11 hearing to award them $2.9
million. We have opposed the total amount of the attorney’s fees in an
effort to have that amount reduced. The judge has the discretion to
reduce the award, which is often the case.
Please be assured that we continue to be open to negotiating a swift
conclusion to this case. It is my sincere hope that these difficult
negotiations are resolved quickly, fairly and appropriately for all
parties.
Thank you for your support during this difficult time.
John D. Welty
President
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