Amused and amusing - the joy of working with Murray!

----- Original Message -----
From: "Jeffrey J. Niederhoffer" <jjn@luk-law.com>
To: <pieuk@shaw.ca>
Sent: Saturday, March 04, 2006 9:05 AM
Subject: Re: MMF et al v. Belhumeur et al / CI 05-01-41955

From: "Murray Trachtenberg" <mtrachtenberg@ptlaw.mb.ca>
Date: 2006/03/03 Fri PM 05:09:30 CST
To: "Jeffrey J. Niederhoffer" <jjn@luk-law.com>
CC: "Terry Belhumeur" <oakhammock101@yahoo.ca>
Subject: Re: MMF et al v. Belhumeur et al / CI 05-01-41955

I am pleased that you are amused. In December you told me that Mr. Belhumeur wanted to cross-examine Mr. Boulette. I waited for that to be set up. It never happened. You also told me that you were going to file an affidavit in opposition to the motion but that you needed approximately 30 days. You have yet to file any affidavit.

While I originally intended to bring the matter back before the court to establish timelines it became obvious that that would not be productive. I offered you a number of days in March for this motion and you called this morning telling me to wait until Monday or Tuesday before you would respond. Only when I insisted that there be a response today did you pick a day and of course it is at the very end of the month.

I`m not sure why you are amused given the above. Please do not talk about inaction by the plaintiffs in moving this matter ahead.

MNT/

----- Original Message -----
From: "Jeffrey J. Niederhoffer" <jjn@luk-law.com>
To: "Murray Trachtenberg" <mtrachtenberg@ptlaw.mb.ca>; "Terry Belhumeur"> oakhammock101@yahoo.ca
Sent: Friday, March 03, 2006 1:06 PM
Subject: MMF et al v. Belhumeur et al / CI 05-01-41955

March 3, 2006

Posner & Trachtenberg
Barristers, Solicitors & Notaries Public
710-491 Portage Avenue
Winnipeg, MB R3B 2E4

Attention: Murray N. Trachtenberg
VIA EMAIL

Dear Sirs:

RE: MMF et al v. Belhumeur et al / CI 05-01-41955

Further to the above-captioned matter, and to your email of even date, we note with some amusement your wish for no further delay in respect of your Motion as referenced in said email, as the plaintiffs' own inaction for several months has been the sole source of any "delay" in relation to said Motion. As a courtesy, to accommodate your request, we advise that we are willing to accept the last date you have providrf as the date for a contested hearing .

Yours truly,
JEFFREY J. NIEDERHOFFER
JJN/

From: "Murray Trachtenberg" <mtrachtenberg@ptlaw.mb.ca>
Date: 2006/03/03 Fri AM 10:23:25 CST
To: "Terry Belhumeur" <oakhammock101@yahoo.ca>, <"Jeffrey J. Niederhoffer">, <jjn@luk-law.com>
Subject: MMF et al v. Belhumeur at al

Attention: Jeff Niederhoffer

This is a follow-up to our exchange of telephone messages this morning. Whatever developments are taking place that you refer to in your message, I do not see how these can possibly impact on an agreement on dates for the setting down of my Motion. I am not prepared to wait until Monday or Tuesday as you suggested. I have given you specific available dates in March. As counsel, I expect the courtesy back from you to be advised which of those dates work for you. I am then setting down my Motion. I am also sending a copy of this email to Mr. Belhumeur. I expect to hear from him today as well. I am not willing to accept any further delay in getting this Motion heard.

MNT/