Stilwell Suit Against Oregon Trail Financial Corp. Dismissed.Business Editors, Legal Writers BAKER CITY, Ore.--(BUSINESS WIRE)--July 3, 2001 Oregon Trail Financial Corp. (Nasdaq:OTFC OTFC On-The-Fly Calibration OTFC Overflight Traffic OTFC Open Topped Filing Cabinet ), the holding company for Pioneer Bank, announced today that the Honorable Gregory L. Baxter, Circuit Court Judge for Baker County, Oregon Baker County is a county located in the U.S. state of Oregon. It is named for Edward Dickinson Baker, a senator from Oregon who was killed at Ball's Bluff, a battle of the American Civil War. It was split from the eastern part of Wasco County. has granted Oregon Trail's motion to dismiss the Alternative Writ An order, issued originally by the king in England but more recently by a court, commanding a person to do a specific thing or to appear and explain why he or she should not be compelled to do it. of Mandamus mandamus (măndā`məs) [Lat.,=we order], in law, writ directing the performance of ministerial acts. A ministerial act is one that a person or body is obliged by law to perform under given circumstances; e.g. he had previously issued in a case filed by Stilwell Associates, L.P. in January. The judge also ruled that Oregon Trail is entitled to its attorney fees "due to (Stilwell's) actions," noting that Oregon Trail "...correctly point(ed) out that (Stilwell) used the issuance of the writ for the purpose of media publication in painting (Oregon Trail) in a negative light." The mandamus proceeding had been widely publicized by Joseph Stilwell in his attempt to gain control of Oregon Trail, and was the first of three lawsuits filed by Stilwell Associates, L.P. against Oregon Trail or its directors. On February 16, 2001, Stilwell Associates, L.P. filed a Complaint to remove Charles H. Rouse as a director of Oregon Trail. Mr. Rouse filed an Answer denying the principle allegations of the Complaint and when certain documents were not voluntarily produced by plaintiff, Mr. Rouse filed Defendant's Motion to Compel A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the Production of Documents on June 22, 2001. Argument on the Motion is scheduled for July 26, 2001. On May 21, 2001 Stilwell Associates, L.P. also commenced an action in the United States District Court for the District of Oregon The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. seeking to force Oregon Trail director Edward H. Elms off the board. Both Oregon Trail and Elms were named as defendants in that case, and both filed responsive counterclaims against Stilwell. On June 26, 2001 Oregon Trail and Elms also filed a motion to dismiss Stilwell's claim. Copies of Judge Baxter's Memorandum of Opinion and Oregon Trail's and Mr. Rouse's pending state and federal motions and certain supporting documents are attached to the Company's July 5, 2001 Schedule 14A filing with the Securities Exchange Commission as Exhibits A, B, and C. The filing and exhibits can be found at www.sec.gov/edgar/searchedgar/webusers.htm by entering the Company's name. Copies of the court records can also can be obtained from the Company by calling, writing, or e-mailing Jon McCreary, CFO See Chief Financial Officer. , Oregon Trail Financial Corp. at 2055 First Street, Baker City, OR 97814, 541/523-8899 or jmccreary@pioneerbankfsb.com. |
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