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NEWS RELEASE <br /> Date: Wednesday, January 16, 2013 <br /> From: E. Spencer Walton, Jr., Esquire Contact: 243-4100 <br /> Council Vice-President Oliver J. Davys j� � Contact: 876-6938 <br /> Council President Derek D. Dieter c 1, ontact: 532-2200 <br /> "All Litigation Continuing Over Police Tapes" <br /> In October, the South Bend Common Council, through its legal counsel, filed a Motion to <br /> Dismiss the City Administration's lawsuit which the Administration had filed against the City <br /> Council on August 30, 2012 in federal court. Such action was taken in the hope that in light of <br /> other pending lawsuits, that it would be preferable to have one primary venue. <br /> The U.S. District Judge for the Northern District of Indiana, Hammond Division, issued his <br /> opinion this week, which notes that that Court will continue to have subject matter jurisdiction. <br /> Therefore this action will continue and will focus on determining the rights of all parties. <br /> It is interesting to note that this opinion specifically noted that: <br /> "...The Plaintiff does not contest the validity of the Common Council's subpoena <br /> power or its statutory authority", f P. 2] <br /> The Council's only goal is determine if the tapes were legally recorded. It has no direct <br /> involvement with the lawsuit brought by the police officers and other plaintiffs. Once the Court <br /> rules on the issue of the legality of the recordings, the issue will be referred to the current City <br /> Administration to act accordingly. <br />