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Lisa, I wanted to get back to you and provide
you feedback in response to your three comments: 1.
The length of time that the case has been pending was an argument
we raised in response to the previous motion that Cynowa filed for leave to
amend his complaint. For the brief we are filing today, we addressed a
related point in the Conclusion in the context of discovery being closed, all
the proofs now known, and Cynowa still not being able to state a claim. 2.
Whether there is evidence that the statements were
disseminated beyond the police officer is an issue that goes beyond this type
of motion. Because this is a motion to dismiss for failure to state a
claim, the Court limits its review to what the complaint states and does not
consider evidence outside the complaint. 3.
Similar to the previous comment, proof of malice does not
come into play. Our motion in respect to the absolute privilege is based
on the application of the privilege regardless of allegations or proof
malice. In fact, because the law says that the absolute privilege applies
to statements to police even when malice is present, we do not need to take on
whether or not there is evidence of malice here. We can assume malice
exists, and the privilege should still protect statements to the police. I hope this helps. Please let me
know if you have any questions. Kevin From: Wolford Lisa
[mailto:lisa@csss.net] my notes are attached as well as few
spelling errors Lisa N. Wolford CSSS.NET 402-393-8059w 402-393-1825f SDVOB, 8(a)/SDB & WOB - TS clearances From: John
Murray All: Attached please find a draft of our reply brief in support of our motion
to dismiss all claims against Lisa as well as all claims based on Bill’s
alleged statement to Officer Adrowski, which we will file on
Monday. Please review the draft and we’re happy to hear your
comments and/or concerns. Ideally we’d appreciate any comments on
the draft by Monday morning. Thanks and have a great weekend. Regards, John E. Murray, Esq. Associate Attorney Rachlis Durham Duff Adler &
Peel, LLC Phone: (312) 275-0338 Fax: (312) 733-3952 Email: jmurray@rddlaw.net Website: http://www.rddlaw.net/ RACHLIS This transmission may be: (1) subject to the Attorney-Client
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