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just one day before the November 23, 1993 hearing date. He
submitted a full legislative history of Section 36 which pro-
vided the Court with the basis for plaintiff's claim for prefer-
ence. It specifically stated that Section 36 was intended to ap-
ply to actions such as the present action for sexual battery and
related causes of actions because a child's memory is develop-
ing and therefore cannot remember like an adult. He also stated
that child memories are fragile.
Ex Parte Application for Interim Order to Stay Discovery
Mr. Fields filed an Ex Parte Application for an Interim Or-
der to Stay Plaintiff's Discovery until the Court ruled on
defendant's Motion to Stay Discovery and Trial. This move
was necessary to prevent the discovery that was propounded
by the plaintiffs from being due before the Court made a rul-
ing on defendant's Motion to Stay the Discovery and Trial.
The Ex Parte hearing was heard on November 5, 1993, and the
Court ordered that all discovery was stayed until the Novem-
ber 23, 1993, hearing on the Motion to Stay Discovery and Trial
was to be heard.
Mr. Feldman's opposition to the Ex Parte application was
that they would have to reschedule and re-notice the deposi-
tions of 11 non-party witnesses and that this was another stall
and delay tactic by defendant. In the interim, the Court did
order to allow the depositions of Mr. Pellicano, Phillip Le
Marque, Stella L. Marque, Gary Hearne, Janelle Wahl, (the 13-
year old Chandler boy), Gail Goforth, Evan Chandler,
Evangelian Aquilian, Barry Rothman, June Schwartz, David
Schwartz, Anthony Pellicano, La Toya Jackson and Bianca
Francia to go forward.
The Outcome of the Court Hearing
On November 23, 1993, the Court heard the Motion for Trial
Preference, the Motion to Stay Trial and Discovery, the Mo-
tion to Compel the Deposition of Michael Jackson, and
Defendant's Request for Stay of Ruling. The Court ruled as
follows:
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