The Stacy Johnson-Klein case is unlikely to be resolved through a settlement any time soon, according to Warren Paboojian, Johnson-Klein̢۪s lawyer.

Fresno State filed an additional appeal last Wednesday, asking that the $6.6 million award be reduced to $2.9 million. Fresno State also asked for a new trial.

Paboojian said he was “not optimisticâ€Â about settling, unless his conditions were met.

Paboojian has asked that Fresno State pay the cost of the mediation during the settlement, and for university President John D. Welty and California State University Chancellor Charles B. Reed be present at the mediation talks.

So far, Fresno State has not said whether it will meet these conditions or not. Calls from The Collegian made to the CSU system̢۪s spokespeople were not returned.

In a statement made to the Fresno Bee by Dawn Theodora, a member of the university’s legal counsel, she said that, “We are very ready, willing and able to resolve this short of an appeal.â€Â

Paboojian said that the only way Fresno State would agree to a settlement would be if Johnson-Klein accepted a reduced award, and he didn̢۪t see the point in having her pay part of the mediation fees only to get her award reduced.

In February, Fresno State filed an appeal, also asking for a reduction in the award and a new trial, citing a tainted jury pool and calling the $19.1 million award “excessive.â€Â

Fresno County judge Donald S. Black granted the reduction, cutting Johnson-Klein̢۪s original award to $6.6 million. Black also said that he would only grant a new trial if Johnson-Klein did not accept the reduced award. She did accept it on Feb. 13.

When the first reduction was granted, Theodora said that Fresno State would explore all legal options, including additional appeals.

Paboojian said he is not sure what Fresno State hopes to accomplish with the continued appeals.

“You can’t move forward until you put all those cases behind you,â€Â he said.

Paboojian added that at least 80 percent of appeals of this type are lost.

The appeal, if granted, could last for another two years and cost the university at least another $2 million dollars in legal fees, Paboojian said.

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