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<DIV><FONT face=Arial size=2>For the listserv:<BR>On May 4, 2009, our attorneys
participated in a conference with attorneys for the<BR>Department of Social
Services, Family Support Division, convened by Judge Patricia<BR>Joyce to
consider the appointment of a special master, the task of accounting
for<BR>damages, the task of considering the elements of damages, the task of
determining<BR>the data available, the task of ascertaining what data may be
archived or missing<BR>or in non-computerized format, and the work that might
need to be done to ascertain<BR>the entirety of damages and individual
claims. The Department was ordered to prepare<BR>in written format a
description of its various data bases, the kind of information<BR>it has on each
data base, the format of each data base, whether the data bases can<BR>be
readily merged into one data base, whether some records exist only on paper
and<BR>whether these may be readily retrieved, the difficulty of archiving
records, whether<BR>some records may have to requested from other departments or
from the U.S. government,<BR>and whether some records may be missing
altogether. The Department is supposed to<BR>furnish our attorneys with
this information by June 5 so that our expert, Professor<BR>Michael Alderson,
Department of Finance, Saint Louis University School of Business,<BR>can review
the same and confer with our attorneys. The Department is supposed
to<BR>designate one or more persons to meet with Professor Alderson in Jefferson
City on<BR>or about June 15 to actually see what is available on the computer
programs and to<BR>do what assessment he can. A special master has not yet
been appointed, but the<BR>Judge did suggest James LaPlante. Our attorneys
will try to contact Dr. LaPlante<BR>to see if he has an interest in serving and
an availability.<BR>After the meeting, Professor Alderson will advise as to the
status of the documents<BR>and computer programs. The parties will work
together to collate and manage the<BR>data. The attorneys have a
conference scheduled with Judge Joyce from 1:00 to 3:00<BR>on July 15. The
hope is that by that date some significant work will have been done<BR>toward
moving the accounting along.<BR>The attorney general did say that he expected to
file a motion with the Court asking<BR>it to reconsider its decision regarding
the statute of limitations and perhaps other<BR>issues. It has not yet
filed anything. Out attorneys will respond appropriately<BR>if something
is filed. In the past, the attorney general has said that he will
appeal<BR>any decision that was adverse to the Department. It remains to
be seen what the<BR>Department will do, having lost on appeal and now having
lost on the statute of limitations<BR>issue. Our attorneys will keep us
informed.<BR>END OF STATEMENT<BR>Deborah S. Greider<BR>The Law Offices of Thomas
E. Kennedy, III, L.C.<BR>230 S. Bemiston Ave., Ste. 800<BR>St. Louis, MO
63105<BR>Ph#: 314-872-9041<BR>Fax#: 314-872-9043<BR>IL Office:<BR>305 State
Street<BR>Alton, IL 62002<BR>Ph#: 618-474-5326<BR>Fax: 618-474-5331<BR>The
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