On May 12, 2009, SaveWCAL received a copy of the Certificate [PDF, 1 page , 92 KB] filed with the Minnesota Court of Appeals by the Rice County District Court reporter who completed and filed the transcript of the December 18, 2008 hearing on SaveWCAL's Petition To Redress Breach of Trust.
The court reporter's certificate says, in part,
The original transcript, having been previously ordered by Michael R. Cunningham, counsel for St. Olaf College, was hand-delivered and filed with the Rice County Court Administrator on January 15, 2009. A copy was sent via U.S. Mail to Attorney Cunningham on December 30, 2008.
It appears that the attorneys for St. Olaf College have not been entirely forthright with the Court of Appeals in their Statement of the Case.
This is the same transcript that the St. Olaf College attorneys claimed had not been ordered or filed with the Rice County District Court and is now needed [sic] for the appeal.
Here are the dates on which each party was sent a copy of the December 18, 2008 SaveWCAL Petition To Redress Breach Of Trust proceeding transcript by the Rice County District Court Reporter:
- December 30, 2008: St. Olaf College attorney Michael Cunningham, per his request
- January 15, 2009: Transcript filed with Rice County District Court
- April 21, 2009: Assistant Attorney General Shannon Harmon, per her request
- May 11, 2009: Minnesota Public Radio (MPR) attorney Eleasalo Ale, per his request
- May 11, 2009: SaveWCAL attorney Michael McNabb, per the request of MPR attorney Eleasalo Ale
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Can any of the attorneys who support SaveWCAL offer any insight into what Cunningham's gambit was all about?
Apparently, it was all about trying to get more time for St. Olaf and MPR to prepare their briefs in response to SaveWCAL's filing of the appeal.