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Comes request access to class members ..

This is interesting, as far as I can make out both parties are 
precluded from contacting certain third parties. The defending lawyer 
introduced a Lantec v Novell antitust suit into evidence, this I 
assume to discredit the Plaintiffs' case. Later on the Plaintiff 
request to contact their own clients. I wonder are these two events 
related and what it means for the case.

- quote -

MR. HOLLEY:  Good morning, Your Honor. Yesterday there was a request 
from the plaintiffs for a curative instruction with regard to a 
question that Mr. Tulchin asked Mr. Bradford about a lawsuit brought 
by Lantec, a competing maker of network software, against Novell 
alleging violations of Section 2 of the Sherman Act.


MS. CONLIN:  Your Honor, my request or an instruction was, in fact, a 
departure from our normal procedure because for the Defendant to ask 
such a question was a departure from our normal procedure.

The purpose of testimony with respect to the FTC and the DOJ was to 
assure that the witness was not vulnerable on cross-examination to a 
surprise assertion that he was simply a pawn of the government or the 
government was simply a pawn of his because DOJ, FTC all over the 
documents in this matter, Your Honor, with respect to this witness and 

And there is also a difference in that it was Microsoft who was under 
investigation. Microsoft is a party to this lawsuit. lawsuit. Novell, 
however, is not a party, and the idea that there needs to be parity, I 
think, is an erroneous idea.


MS. CONLIN:  Your Honor, the Court issued an order some time ago which 
precluded either side from contacting class members without the 
permission of the Court.

Plaintiffs have honored that order and -- but now we request the 
Court's permission to contact members of the Plaintiffs' class, all of 
them. We want to -- we want that opportunity, Your Honor. The Court 
may have seen the article today, and we thought perhaps it would be 
time for us to contact our own clients.

THE COURT:  Response?

MR. TULCHIN:  Your Honor, this is a surprise to us.  I didn't know 
this motion was coming.  I'd like an adequate opportunity to respond 
some point next week.

THE COURT:  Very well.

MR. TULCHIN:  Thank you, Your Honor.

MS. CONLIN:  Well, I thought it would be noncontroversial, Your 
Honor.  I was wrong.


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