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CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent <br />by a <br />lawyer. It may contain information that is confidential, privileged, <br />proprietary, or otherwise legally exempt from disclosure. If you are <br />not the <br />intended recipient, you are hereby notified that you are not authorized <br />to <br />read, print, retain, copy or disseminate this message, any part of it, <br />or <br />any attachments. If you have received this message in error, please <br />delete <br />this message and any attachments from your system without reading the <br />content and notify the sender immediately of the inadvertent <br />transmission. <br />There is no intent on the part of the sender to waive any privilege, <br />including the attorney-client privilege, that may attach to this <br />communication. Thank you for your cooperation. <br />-----Original Message----- <br />From: Thomas Roan [mailto:tom.roan~state.co.us) <br />Sent: Thursday, September 11, 2003 12:16 PM <br />To: memQsopris.net <br />Subject: RE: Boynton v. MLRB, Board decision on appeal <br />Mary Elizabeth, the Board is sending notice of the hearings to the <br />Plaintiffs only. The scope of the issues remains to be decided. <br />The Court directed the Board to conduct two hearings "wherein the <br />properly lodged and persevered objections by the Plaintiffs are <br />addressed." So the Court is not requiring a new notice and comment <br />period. The Board is required to hear: <br />Properly lodged and persevered objections- I think this clearly means <br />those issues over which the Board has jurisdiction and were originally <br />and timely raised, <br />Objections by the plaintiffs - This clearly means Ms. Boynton, Mr. <br />Akin and Ms. Stepe. <br />If one or more of these objectors wants to raise new issues/submit new <br />evidence, they will need to present their argument to the Board as to <br />why the issue/evidence should be heard at the first hearing. At that <br />hearing, the Board will decide what issues it will hear during the <br />second hearing. <br />The Board, and ultimately the Courts, must decide the proper parties <br />and scope of the issues. I have no authority to make these decisions. <br />»> "Mary Elizabeth Geiger" <mem~sopris.net> 09/10/03 04:33PM »> <br />Tom- thank you for the update. Does this mean that the MLRB will be <br />publishing notice and allowing other objectors to participate? What <br />about <br />any additional information that has been collected, even by current <br />objectors, that was not part of the original hearing but is available <br />now <br />and is relevant? Please let me know so that I may pass along this <br />information to my client. <br />Thank you. <br />- Mary Elizabeth <br />Mary Elizabeth Geiger, Esq. <br />2 <br />