Mr. Geoff Davidian
Editor and Publisher
The Putnam Pit
 
 

Re: Unauthorized Posting of transcripts in Minnesota tobacco litigation on Internet

Dear Mr. Davidian:

As you know, our firm represents Stirewalt & Associates, Professional Court Reporters in the case of State of Minnesota, et. al., v. Philip Morris, et. al., (Minnesota District Court, Second Judicial District Ramsey County District Court File No. C1-94-8565).

In our conversation of March 9, 1998! you acknowledged that you are receiving transcripts in the aforementioned case from a source which you stated that you will not disclose. Further, you acknowledged that you are posting transcripts from the aforementioned case on the Internet and that you are doing so without the authorization of Stirewalt & Associates.

Please be advised that Stirewalt & Associates has a contractual and proprietary interest in any and all transcripts prepared in the aforementioned ease. Stirewalt & Associates is not employed by the State of Minnesota. Instead. Stirewalt & Associates is an independent contractor which has contracted with the parties in the aforementioned case to provide professional court reporting services in said case.

The transcripts prepared in the aforementioned case are not the official appeal transcripts in said case, they are not public information and will not be public information until the verdict has been reached or the trial is otherwise concluded. The posting of any of said transcripts on the Internet is a direct violation of the contractual and proprietary rights of Stirewalt & Associates.

As a result, I ask that you immediately cease and desist from the further posting of any and all transcripts from the aforementioned case on the Internet or any other form of electronic media. Further I ask that you disclose the source(s) of the transcripts that you have received thus far.

If upon the receipt of this letter, you do not cease and desist from posting all transcripts in the aforementioned case on the Internet or any other form ol electronic media, I will have no choice but to take immediate legal action on behalf of Stirewalt & Associates.

In the event that you disclose the source(s) of the transcripts Stirewalt & Associates
would consider not pursuing legal action.

Sincerely,
 
 

Heinrich A. Brucker
HAB:akk

cc: Mr. Richard 0. Stirewalt