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Earnest letter offered settlement to USA Cycling

Editor’s note: Following the court's first rejection of their lawsuit, Earnest and his co-plaintiffs advised attorney Andrew Rosen to offer to drop their right to an appeal if USAC would withdraw its claim against Earnest for nearly $3000 in copying costs. Rosen sent the letter on January 4, 2000Date: January 4, 2000To: Barton Enoch, via facsimile transmissionFrom: Andrew RosenRe: Earnest v. USA CyclingDear Mr. Enoch: I still have received no ruling on our objection to your Bill of Costs. However, in light of the final ruling on our motion for post-trial relief, the time clock on

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Editor’s note: Following the court’s first rejection of their lawsuit, Earnest and his co-plaintiffs advised attorney Andrew Rosen to offer to drop their right to an appeal if USAC would withdraw its claim against Earnest for nearly $3000 in copying costs. Rosen sent the letter on January 4, 2000Date: January 4, 2000
To: Barton Enoch, via facsimile transmission
From: Andrew Rosen
Re: Earnest v. USA CyclingDear Mr. Enoch: I still have received no ruling on our objection to your Bill of Costs. However, in light of the final ruling on our motion for post-trial relief, the time clock on appealing the current rulings is running and will expire in the middle of January. There are substantial appealable issues, in particular, Judge Campbell’s application of constitutional principles of separation of powers to a private corporate dispute. My clients are willing to let these issues drop if there can be an end to the total dispute, in particular with respect to your Bill of Costs. My clients have authorized me to offer to waive our right to appeal the merits if USAC will withdraw its request for costs. Since the fees and costs associated with an appeal, even if successful, will surely exceed the amount of costs you currently seek, this seems a reasonable ending to the situation. This would also end any uncertainty as to USAC actions until and appeal could be heard. If there were a reversal, it could serious(ly) jeopardize USAC’s interim actions.

Because of the timing of the Notice of Appeal, this offer is open until Friday, January 7th, at noon. If your clients wish to accept this offer, please advise by the deadline. Otherwise, I have been instructed to file the Notice of Appeal.Very truly yours,Andrew Rosen

Editor’s note: USAC attorney Barton Enoch faxed the response to Rosen and copied several USAC staff and board president Mike Plant

Date: January 7, 2000
To: Andrew Rosen
From: Barton Enoch
Subject: Earnest, et. Al. v USA Cycling, Inc., et. Al.TOTAL NUMBER OF PAGES, INCLUDING COVER SHEET: 1COMMENTS:The offer submitted by your letter dated January 4, 2000, is respectfully declined.Fax cc: John DeBruyn
Cc: Ellen Johnston, USAC
John Tarbert, USAC
Philip Milburn, USAC
Lisa Voight, USAC
Mike Plant, USAC
Nigel Blair-Johns, USAC