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2008
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Still in Legal Limbo The judge appeared to have ruled out a July defence against Larry Ellison’s San Francisco-based BMW Oracle, which is now the sole challenger. But he could order a match in October, 10 months after the court cases at the end of November last year. Or he could start the 10-month notice clock on the date of either his judgment, expected in about 10 to 14 days or his last judgment last month. This could mean January next year but that would imply an event in the Southern Hemisphere. A Northern Hemisphere match, under the terms of the 1887 Deed of Gift, which the judge must apply, can only be held from 1 May to 31 October. Judge Cahn added that it was not the business of the court to rule on matters of fairness. The Alinghi lawyers are considering “all options” which could mean recourse to the Appellate Division even before Judge Cahn hands down any new ruling. — Stuart Alexander in the Independent, www.independent.co.uk/sport/ * The Golden Gate Yacht Club (GGYC) said today that it was pleased that the New York State Supreme Court will soon fix the timing for the next America’s Cup match, allowing the whole event to move forward. “It was apparent that Justice Cahn understands that the Deed only provides for the defender to have ten-months notice to prepare for the match,” said Tom Ehman, the San Francisco club’s spokesman. “We were very pleased with the hearing. We continue to look forward to a match in October 2008.” Recent claims by Ernesto Bertarelli, head of SNG’s Team Alinghi, to have been surprised by a 2008 date were at odds with statements he made to the media late last year that Alinghi was getting ready for a match in 2008, Ehman said. During the hearing, the court asked SNG’s lawyer to disclose the location of the match. He declined to do so. In recent days other leading syndicates have called on the defender to stop delaying tactics so the Cup can move forward. Grant Dalton, Emirates Team New Zealand Managing Director, has called Alinghi’s demands for a 2009 event a “smokescreen.” Vincenzo Onorato, President of the Italian syndicate Mascalzone Latino, said last week: “The best solution now would be to hold the multihull challenge between Oracle and Alinghi, even if, yet again, the latter try to delay the event using every possible tactic.” “The sooner we race the Deed of Gift match the sooner we can get back to a conventional, multiple challenger America’s Cup,” Ehman said. * At a New York Supreme Court hearing, Justice Herman Cahn heard arguments from both the Societe Nautique de Geneve (SNG) and the Golden Gate Yacht Club (GGYC) regarding dates for the 33rd America’s Cup. SNG requested that he set a date allowing for the 10-month notice period as stipulated in the Deed of Gift that starts when the court order was entered. Justice Cahn indicated that he would issue a new court order that sets the dates for a Deed of Gift Match. Lucien Masmejan, SNG lead counsel, issued the following statement: “We believe Justice Cahn was receptive to our arguments that there is a tolling period during the legal process that suspends preparations towards an America’s Cup Match until a court order is issued. The Deed of Gift stipulates a 10-month notice period which should be suspended during the legal procedure, therefore the only feasible date for this competition is after 1 May 2009 due to the restrictions for racing in the Northern Hemisphere imposed by the Deed. It is unfortunate that we do not yet have a date for the 33rd America’s Cup as this means we are still not in a position to properly prepare our defence. Justice Cahn agreed that the fight for the America’s Cup must be on the water in a proper sporting competition and not in court. We hope for a favorable outcome shortly.”
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