356 Registry Lawsuit is Concluded

[Greg Bryan]

The following message from George Dunn is posted in the Latest News section on the main page:

In October, 2012 a civil suit against 356 Registry, Inc. was filed by R. Stephen Heinrichs in Franklin County, Ohio, where the club is incorporated. Details of this lawsuit, the court's decision in favor of 356 Registry, and access to all documents can be found on the links at the bottom of this page.

Dear Fellow Members,

I am announcing, on behalf of your trustees, that the litigation brought upon our club by Mr. R. Stephen Heinrichs, is finally concluded.
Our club's lead attorney, Mr. Dominic Chieffo, who was ably assisted by attorney Don Anspaugh, has diligently worked on our behalf for the past 30 months. In trying to keep you fully informed, Mr Chieffo has prepared a final statement for us which is displayed immediately below this message. Additionally, links to the two final Court Orders: Final Judgement, March 25 2015; and Discovery Material Return, April 13 2015 are linked below.
Your leadership team of trustees and officers is hopeful that we can quickly return to our club's primary focus of enjoying our special cars and the wonderful people who comprise the 356 Registry.

Thank you and Keep the 356 Faith!

George Dunn
President, 356 Registry

Please see additional information in the "Latest News" section.

[Jefferson Wood]

So, will the Plantiff be responsible for paying both his and the club's legal fees? Or are we stuck with all those fees? When a plantiff loses a court battle, I thought it was normal for them to be responsible for the defendant's fees.

[C J Murray]

So, will the Plantiff be responsible for paying both his and the club's legal fees? Or are we stuck with all those fees? When a plantiff loses a court battle, I thought it was normal for them to be responsible for the defendant's fees.

Not in the US so far as I know. Yes, in England. Besides the substantial out of pocket costs the Registry was dropped by our insurance company and I assume that we will be paying inflated liability rates for some period of time into the future. What a waste.

[Jeffrey Leeds]

C J is correct that in the U.S. each party usually winds up paying their own costs. It's up to the judge but it is seldom passed on to the looser.

[Greg Bryan]

I'm no lawyer but I don't think we can say that the Registry won nor can we say the plaintiff lost. It's somewhere in the middle - the best that can be said is that it's over.

[Emil Wojcik]

If the plaintiff can't use the member list to contact us about selling his book, that's a win for the club in my book.

[TomDoherty]

I just received a packet of letters from Bailey Cavalieri - Attorneys at Law.
In it is a lengthy letter from the desk of R Stephen Heinrichs as well as a number of other documents about the case.

[C J Murray]

nor can we say the plaintiff lost. It's somewhere in the middle

What did he win Greg?

[C J Murray]

I just received a packet of letters from Bailey Cavalieri - Attorneys at Law.
In it is a lengthy letter from the desk of R Stephen Heinrichs as well as a number of other documents about the case.

Is there a complete thought here? What?

[Greg Bryan]

As I said, I'm not a lawyer - It just seems to have resulted in a whole lot of nothing. So when I say he didn't lose, I'm not implying that he won anything either...
It would probably take another lawsuit to collect damages and costs. Only lawyers make out in these kinds of cases.

[TomDoherty]

I just received a packet of letters from Bailey Cavalieri - Attorneys at Law.
In it is a lengthy letter from the desk of R Stephen Heinrichs as well as a number of other documents about the case.

Is there a complete thought here? What?

Cliff - I was making a post pointing out that apparently every member is being sent a packet by Stephen Heinrich's attorney. If this had already been discussed, I missed it.
Regardless, why did you feel the need to make such a post?

[Gary Carriveau]

I think that it would be interesting to understand just who has or will receive this packet.
As of this afternoon, I have not.

Gary
'64 C Coupe

[Mike Wilson]

I received my packet this afternoon as did at least one of my friends. As I understand it, the Court found that he was entitled to the information he requested including the membership list but cannot use it to the detriment of the Registry.

I for one am thankful the suit is concluded. It is unfortunate it was brought in the first place but now we can again focus on our 356's.

Mike Wilson
Lomita, CA
'63 B coupe

[Wm Webster]

I also received my envelope with papers today from Bailey Cavalieri from Columbus, OH. I read every single word..... Folks lets move on and put it to rest.

Bill Webster
#1534

[C J Murray]

Regardless, why did you feel the need to make such a post?

Your post doesn't tell me why you received the "packet of letters". You didn't say it was unsolicited. You didn't ask if anyone else received one. Your post didn't explain or question why this was sent to you so it is not clear what was going on or why you were telling us about this. Now it appears that others are receiving this and that "somebody" is using the list that the Judge instructed the loser(plaintiff) to return unused and without making any copies for future use. Unreal!