An NSG Member Reports From the San Francisco Court House

November 28, 2001


Hi NorthPoint supporters. Here's an Email I received today from one of the Members of our Shareholder's Group. This member does not have an alias and he is very "private". He lives in San Francisco. I get the "atta boys" for the work and research that he does on NorthPoint.

He "lurks" on the message board.

Here's what he sent today.

Hi XXXX,

I am a bit surprise that Ms. Alioto did not respond. There is a reason for everything, I suppose.

I went to the court house again and our case file was then 9 volume thick. Verizon demurrer filing (to try and get "Causes of Action" 2 and 3 in the amended complaint thrown out) and FLK filing against it were very interesting. Samuel Miller argued for NPNT before the judge and the court took the matter under submission. The tentative ruling was that the Verizon motion was over-ruled with 10 days leave to answer. All this happened last October 10, 2001. I tried to get copies but the place was too busy and they were not willing to spend the time (I pleaded and pleaded to no avail). I know this is old news but it would have been nice if somehow we could get the filings posted on Frank's excellent web site as they became available.

In those filings, FLK and VZ's lawyers did a very remarkable job. A number of precedents were mentioned (beyond the Tyson/IBP case) and what impressed me the most was having the feeling that our case is being prosecuted very diligently - though not much is being leaked out to the public so it may seems that NPNT might not have a case and FLK is not doing anything. Like you, having seen the evidences so far, I am willing to keep my shares until the matter is resolved.

I know I asked you before about asking our trustee to provide us with copies (by fax) of all court filings (we do not need the attachments). If there is no legal reason to keep these filings secret, it would be really great if all of us can have access to these information. Can you give my request some more thought?

Take care,

XXXX.

(note: Ms. Schoenmann won't agree to send us filings)

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