Gibbons was named as a defendant in the case based solely on a statement first lady Dawn Gibbons made to Reno lawyer Cal Dunlap
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Masto, a Democrat, and Quinn said in the new motion that the lawsuit's references to the divorce are ``immaterial, impertinent and scandalous.'' They were included ``solely for the improper and bad faith purposes of harassing and embarrassing the governor,'' the motion said. Dunlap said Wednesday he had not reviewed the new motion and had no immediate comment. Keating wound up with another state job, with similar pay. U.S. District Court Magistrate Judge Valerie Cook ruled on Jan. 28 that Gibbons must appear at a future preliminary settlement conference with Keating, Clinger and their lawyers. The judge instructed the two sides to agree on a date for the conference but as of Wednesday, there had been no agreement. Quinn had argued that it was not necessary for Gibbons or Clinger to appear in person at the settlement hearing. He said the two were very busy dealing with the state's budget crisis and the 2009 Legislative session that began Monday. He said their legal counsel would have the full authority to negotiate any possible settlement so their presence in court was not necessary. But Dunlap said it was important they be present to fully understand their potential liability in the case and pointed out they'd already presented the governor's proposed budget to the state Legislature. ``As we know, (Gibbons) has a great deal of skill texting messages, which he can do from here to deal with other government issues,'' Dunlap told the judge last week. |
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