DM&E critics file suit seeking railroad’s financial information
By Associated Press
Published: February 20, 2007
WASHINGTON – The law firm representing the Rochester Coalition and the Mayo Clinic filed a lawsuit today seeking the release of the financial records of the Dakota, Minnesota and Eastern Railroad, which is seeking a $2.3 billion federal loan for its planned coal train project.
In a suit filed in U.S. District Court for the District of Columbia, the Washington law firm Manatt, Phelps & Phillips, LLP, asked a judge to direct the Department of Transportation’s Federal Railroad Administration to release the materials it had sought last April in a Freedom of Information Act request.
According to the suit, Manatt, Phelps and Phillips still has not received those materials, which include financial information such as balance sheets, income statements, market capitalization, debt, feasibility and market studies related to DM&E.
I read this as these folks not being able to win their case on the actual merits of their contentions, they have now begun a silly attempt litigate the viability of the company itself. If they were stake holders I could say this was reasonable request. Obviously they are trying to insert themselves into the loan process, which by indirect inference, they are indirectly stating that those who are underwriting it are incapable of doing so, which is not, in my book, is a winning strategy. This situation reminds me of all the goofy objections over the extension of Light Rail in LA. I have a long term freind out there who kept me posted. They complained about roadway traffic and then complained about the “disturbances” Light Rail would bring and then complained about nothing being done…they succeeded in creating a stalemate which they should have foreseen. Free floating anxiety versus constructive critical thinking…the media stirred the pot to transform second hand rumours that generated opinions into instant cash.
As a former paitent of the BUTCHERS of the MAYO CLINIC. I for one hope the judge in this case throws it out makes them repay all legal fees incurred by DM&E for fighting this so hard to upgrade the already exsiting tracks in MAYOCHESTOR and then when the it comes time to run the first loaded caol train thru make sure it has flat spots on all the wheels. Then give the crew very good ear protection wire the horn open and let it blast all the way thru that town. I was told by supposedly the best neurologist in the MAYO group that my Epilepsy was not treatable. Yet I was seen at the MINCEP clinic and 3 weeks later was seizure free the difference the docs at MINCEP do not have their heads UP THEIR[censored] so far they do not know where admin ends and they begin.
While I cannot comment of the value of Mayo clinic in of itself, your post immediately made me pose a critical question to myself. Why are financial resources being diverted from the direct care of patients and directed to an expeditionary legal case that only indirectly impacts patient care even if and thats dubious even if they succeed.? Is someone asking this question? If not they should. I thought their focus at least in theory, was healthcare…and of course they built the place next to a railroad track…duh…I would love to see a national marching band competition held in Rochester and have the bands on flatcars and pulled across very slowly by the hospital on the DM&E…then see if anyone takes a turn for the worse…give me a break…how do medics save lives on the battlefield? Guys can you hold it down…we have a patient here? This has to be one of the most ridiculous legal battles I have ever heard of … What about a more immediate impact on patient care…have they looked at the design of their interiors to make them less of a clinical setting? That has an impact on recovery. Have they a reasonable amount of housing for patients famil
My fiancee and her adult daughter have great confidence with the care they receive at MAYO. That however has nothing to do with the politcal agenda being played out. I agree, this “spat” is a waste of the resources. The tracks do not impede the shuttles between the clinic and the motel.
In this case [as in most cases with lawyers involved]: Lawyers using a law license to hunt and fish…A way to get your clients to play for sport,Legally![soapbox]