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P. 1
Habush v Cannon March 10 Hearing Transcript

Habush v Cannon March 10 Hearing Transcript

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Published by: Eric Goldman on Jun 09, 2011
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......\i:;
1
STATE
OF
WISCONSIN
CIRCUIT
COURT
BRANCH
24
MILWAUKEE
COUNTY
2
----------------------------------------------------
3
ROBERT
L.
HABUSH,
et
aI,
Plaintiffs,
CASE
NO.
09-CV-018149
vs.
<c~[P>y
ILLIAM
M.
CANNON,
et
aI,
Defendants.
4
567
8
----------------------------------------------------
9
MOTION
HEARING
10
------------
--------------------------------------
11
BEFORE
THE
HONORABLE
CHARLES
F.
KAHN,
JR.,
CIRCUIT
COURT
JUDGE
PRESIDING
MARCH
10,
2010
2
13
14
15
A
P
PEA
RAN
C
E
S:
16
JAMESCLARK
and
ADAM
CRAWFORD,
Attorneys
at
Law,
appeared
on
behalf
of
the
Plaintiffs.
718
ROBERT
L.
HABUSH,
Plaintiff,
appeared
in
person.
19
RIC
GASS,
Attorney
at
Law,
appeared
on
behalf
of
theDefendants.
20
WILLIAM
M.
CANNON,
Defendant,
appeared
in
person.
2122
23
BONNIE
H.
DOMASK
Official
Court
Reporter
24
25
1
 
12
3
4
5
6789
1011
1213
1415
16
17
18
19
20
21222324
25
(
-\.
T
RAN
SC
RIP
T
THECLERK:
o
F
PRO
CEE
DIN
G
S
This
is
the
case
of
Robert
L.
Habush
and
others
versus
William
M.
Cannon
and
others,
CaseNo.
09-CV-018149.
Appearances.
MR.
CLARK:
Good
afternoon,
your
Honor.
For
the
plaintiffs,
James
Clark
and
Adam
Crawford
of
Foley
&
Lardner.
MR.
GASS:
For
the
defendants,
moving
party
today,
Ric
Gass,
Gass,
Weber,
Mullins.
THE
COURT:
Good
afternoon,
Mr.
Gass.
Good
afternoon,
Mr.
Cannon.
Good
afternoon,
Mr.
Clark.
Good
afternoon,
Mr.
Crawford.
Good
afternoon,
Mr.
Habush.
We're
here
as
Mr.
Gass
pointedout,
for
a
decision
and
determination
on
the
issues
raisedin
the
defendant's
motion
to
dismiss
the
single
claim
in
this
lawsuit.I'm
going
to
begin
by
describing
a
few
introductory
matters
and
my
view
or
understanding
of
what
it
is
we
are
here
for.
Then
I
have
some
questions
for
each
of
the
attorneys;
and
after
that,
theattorneys
will
be
freeto
argue
whatever
you
want
in
light
of
the
issues
in
this
case.
Earlier,
I
was
here
before
we
got
on
the
record
and
made
a
comment
that
it's
nice
to
see
my
friends
here
back
in
court.
Aswe
did
discuss
in
a
telephone
2
 
1
23
4
5
6
78
9
10
11
12
13
14
15
16
1718
1920
21
22
23
24
25
(
~
conference
on
the
record
earlier
in
this
lawsuit,
I
have
been
practicing
law
now
I
think
it's
34
years
and
during
my
entire
time
as
an
attorney
and
judge,
I
have
had
the
pleasure
of
really
learning
from
and
getting
to
know
Mr.
Habush
and
Mr.
Cannon,
both
of
whom
I
have
great
respect
for;
and
in
addition
to
that,
I
have
gotten
to
know
several
of
the
other
attorneys in
their
firms.
We,
as
a
matter
of
fact,
all
have
had
trials
together
with
the
fortunately
I
have
never
been
on
the
other
side
as
a
defense
attorney
with
either
Mr.
Habush
or
Mr.
Cannon
as
the
plaintiff's
lawyer,
but
I
had
the
pleasure
to
be
the
judge
in
cases
prosecuted
by
Mr.
Habush
and
Mr.
Cannon
and
by
several
of
the
other
lawyers
in
the
firms.
So
when
the
attorneys
and
I
agree
that
I
would
stay
on
this
case,
it
was
done
really
with
the
understanding
that
I'm
probably
going
to
make
someone
who
I
respect
a
little
unhappy
at
the
end
of
this
hearing
today
and
also
perhaps
if
the
case
goes
further
as
we
go
along
with
the
lawsuit.
This
is
different
from
a
circumstance
in
which
the
lawyer
is
someone
known
to
the
judge
and
someone
that
the
judge
has
some
kind
of
social
relationship
with.
Because
here
we
have
the
two
parties
as
attorneys
who
3

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