It's Over! - Colorado Lawsuit Settled!

Update from Kristen & Eric, December 13, 1997

Friday (December 12), Eric and I showed up at a Hearing before Magistrate Judge Abram. (Judge Abram is the judge in the Colorado lawsuit who is in charge of Discovery.) Judge Abram had ordered this Hearing because I had objected to the Protective Order the Foundation had put on documents that were to be handed over to us from the Arizona lawsuit.

We've been in the middle of answering
Interrogatories from the Foundation; trying to get the Foundation to answer Interrogatories to them (they objected to my asking over 100 questions); setting up a deposition schedule (we'd asked to take 10 depositions, the Foundation had asked to take 4); answering a Summary Judgment Motion from the Foundation concerning one of my Affirmative Defenses, etc. So the hearing seemed like a "normal" business-as-usual continuation of the lawsuit.

At the end of the hearing, Judge Abram asked if there was any chance this lawsuit might be settled. Steve Hill, attorney for the Foundation, said that he was hoping to talk with us about settlement right after the hearing. Judge Abram offered us a conference room nearby and said he'd be free soon if we needed him.

In September, Mo Siegel sent us an e-mail message inviting us to lunch. He wrote, "I would really like to understand your issues with Urantia Foundation." I was cranky and cryptic, replying to Mo something like, "Our issue is, they're suing us!"

Well, anyhow, Mo had been talking with the trustees and with Steve Hill. Apparently, Steve had been given permission to settle the lawsuit, whatever it took, right now. This was the first time in the year and a half of the Colorado lawsuit that either of us had ever been offered a settlement with the Foundation. (Eric had been (maybe) offered a Consent Order last fall -- which is completely different).

The two Foundation lawyers and Mo left while Eric and I discussed the offer. Eric and I prayed about it. It felt right. We took it.

Two trustees Tom Burns and Pat Mundelius and two of the Foundation office staff resigned last week. Was this settlement offer a PR attempt to make the remaining trustees "look good"? Was this settlement possible because Mo got interested in the lawsuit for the first time? Was this settlement possible because the Foundation has the first decent lawyer I've ever known them to have?

You know what? I don't care what the reasons are, "political" or otherwise. I don't know why they sued us in the first place, and I don't know why they suddenly decided to settle. I'm just glad it's over.

The Internet is the cutting edge of trademark law, and we can't do this lawsuit without a lawyer.

As you can see by the enclosed Mutual Dismissal With Prejudice, the lawsuit is gone, (almost) as if it never was.

Does this mean the Foundation's trademarks and copyright are gone? No, it doesn't.

Does this mean the Foundation won't sue believers in the future? I hope so.

Foundation lawyer Steve Hill has been working on some "safe harbor" assurances for Urantians. He is not interested in stopping our religion. He is not interested in any "non-commercial" use of the word Urantia and the Banner of Michael. Eric and I were not expected to "admit" the Foundation has valid trademarks.

Non-commercial use includes: leaflets or handouts that invite people to a worship service wearing any clothing or jewelry bearing the concentric circles symbol using the symbol to identify with Jesus on personal checks using the symbol in the course of any wedding or religious ceremony using "Urantian" to refer to yourself as an adherent to the teachings of the Urantia Papers using "Urantia" as a geographical reference to earth.

An example Steve Hill gave us as being fine with him was, "The First Church of the Urantia Papers of Colorado."

Eric keeps his Internet Domain Name "urantiapapers. org" under this settlement agreement. My email address is OK.

Steve Hill said his phone line is always open. If Urantia believers are not sure of something, just ask. Perhaps the Foundation really has changed. I'll ask Steve Hill about my CD project when it's done.

After we'd signed everything, we went before Magistrate Judge Abram again, and "went on record" with the Mutual Dismissal.

Eric and I are bankrupt, and I still owe Joe Lewis over $20,000 for his involvement in the Colorado lawsuit for the first months -- but I've seldom felt so great! Free! I have my time again!

Thank you, each of you, for your prayers and wellwishing, for your donations and moral support
through these last years.

Thank you for signing Affidavits and Declarations about your religious belief.

Thank you for sending photos and examples of your uses of the Banner of Michael and the word Urantia.

Thank you for sending your Urantia wedding ceremonies, baptism ceremonies, and memorial services. Thank you for showing up in Court.

I believe that the leverage of outrage provided by all of us, the community of believers, has caused the Foundation to review its litigious attitude. It is not right to "dare to persecute believers." (from the Urmia lectures, p.1486).

The Arizona lawsuit, I guess, won't be
"settled," as there's just one more hearing to go in front of Judge Urbom. I'll let you know what happens.

Meanwhile, thank you again, and God bless you,

Kristen Maaherra
152 California Gulch
Jamestown, CO 80455
303-459-0351
FAX: 303-459-0350
e-mail: urantian@concentric.net