On May 5, 2009, Minnesota Public Radio (MPR) attorneys filed a Certificate of Transcript [PDF, 3 pages, KB] with the Minnesota Court of Appeals in the matter SaveWCAL's Petition to Redress Breach of Trust.
SaveWCAL has not yet received MPR's Statement of the Case to the court.
In the document, Faegre and Benson attorney Salo Ale presents to the court that a transcript of the previous preceeding was ordered by MPR on April 28, 2009. He presents that the "estimated date of completion" is May 11, 2009.
In St. Olaf College's Statement of Case, attorney Michael Cunningham presented to the court that a transcript of the previous proceeding was necessary for the appeal. He also presented that a copy would be ordered by MPR.
However, Cunningham did not tell the court that a transcript had already been ordered in December 2008 and filed with the Rice County District Court in January 2009. The transcript already exists and is in the possession of the attorney for either St. Olaf College or MPR (or both!) and there is no need to order another one — or to have a transcript as a part of the appeals process.
Why are St. Olaf College and Minnesota Public Radio engaging in the act of re-ordering a transcript that is not needed for the appeal and that has already been completed and filed with the Rice County District Court and is in the possession of at least one of the attorneys??
Stay tuned.
