356 Registry Lawsuit is Concluded

[Emil Wojcik]

I would like to see an objective, unbiased, point for point analysis of the court findings. It seems that Mr. Henreich prevailed on the first count and had the two other counts dismissed but are still appealable. The Court found that he was wrongfully expelled from the Registry but I didn't read anywhere that the Court ordered him reinstated. The Court has just found him guilty of contempt for failing to appear and that finding may be appealable?...

Mike, according to the quoted ruling, SH was found in contempt for four reasons, not just the one you mention:

"Based on the Motion of the Defendant, 356 Registry, Inc., the Plaintiff, R. Stephen Heinrichs, is in contempt of this Court for, number one, never appearing after having been ordered twice to be here; and, secondly, for publishing information that he received in discovery, in violation of this Court's Order; thirdly, for pursuing this action without color of viable cause of a action beyond discovering the records pursuant to R.C. 1702, and for delaying this process over and over and over without just cause."

The second, third and fourth reasons are far more important reasons for me and I'm sure many other members.

By summarizing or analyzing what the judge has said in his ruling will leave out important wording that, although they may have no legal relevance to the case, are extremely important. Such as:

"... The Court has yet to see anything demonstrated that the 356 Registry did in error other than bring on the ire of the Plaintiff because he was kicked out of the organization. This has been a monumental waste of the Court's time, the Defendant's time and money, because of the ego of the Plaintiff. ..."

It's not just the ruling that's important, the judge's opinions about the case in general are equally or even more important and an analysis will remove the judge's thoughts from the process. So although a point-for-point analysis could be useful to some, it will only cause more confusion without being presented side-by-side with the written ruling.

The members should read the judges ruling in its entirety so they can judge for themselves what to think of the plaintiff and defendants. This is why I suggest publishing the judges ruling, as a quote, in the magazine. Let the members decide what they think.

[Mike Wilson]

Well said, Emil. Thank you. I was trying not to be too wordy but more general in my post.

[Greg Bryan]

Just to set the record straight, Cliff is not suspended as evidenced by his posts.

[Vic Skirmants]

The only exercise Cliff gets is carrying a grudge.

[C J Murray]

Who showed you how to do a Razz face?

[Jim Neil]

I haven't read all the recent posts. I thought this was over. Isn't it just bedtime? Can we all just put this behind us, turn in, and start a new day? I've spent the past 41 years dealing with legal issues daily (business matters, not litigation, though I am no stranger to disputes and I am not one to mess with). I come here to get away from all that. More important life issues like whether I have the correct alignment of the bezel on my new ignition switch (not to mention getting the damn wiring right) - things that have true meaning in life. Please, let's get beyond this!

[Brian R Adams]

I was surprised to read in the magazine that Plaintiff has been found in contempt of court and fined $50k payable to The Registry. And that Plaintiff has appealed that order. Now that's optimism.


"You think it's over, Judah. It's not over."

"Ben Hur" 1959 (Good year for films and 356s)

[Emil Wojcik]

I'd like to thank the Registry for posting the judges ruling and comments on the club website and noting in the magazine that it can be found there.

We can only hope that any member who has been aware of this ongoing case will now read it in its entirety so they can see what the judges opinion is regarding the plaintiff.

You can read it by clicking the "News and Events" tab at the top of any forum page, then clicking "Latest News". Make sure you then click the "read more" button for the judges comments.

[C J Murray]

The Judge has a way with words. He leaves no doubts about where he stands.

[Sebastian Gaeta]

The Judge has a way with words. He leaves no doubts about where he stands.

It has been pointed out that what he said is just his opinion and has no "real" bearing on the rulings.

That said, I would MUCH rather be where we are vs the "other side".

[Jim Liberty]

Not over yet boys and girls. ..................................................Jim.

[Mike Wilson]

Thank you, Jim for the info. I, too, know it's not over. An attempt at a teleconference mediation was apparently unsuccessful so the appeals have been filed; court date coming up.

[Jim Neil]

Are both sides willing to just drop this whole fiasco and get on with life??? That would seem to be the best approach (I am not commenting on the technicalities, but if the answer to my question is "yes" that would make a whole lot of sense). Is it necessary to keep this going? If the club is spending $$$ on attorneys to prove a point or for revenge, I think that's a waste. BTW, I have not followed this in detail and have not a clue what Steve's position is.

What this is all about:

1. Member has questions, reads bylaws and laws, requests information that reasonably speaking (whether ultimately speaking it is perfectly correct or not) he is entitled to.

2. Board has some legitimate privacy concerns, and probably doesn't like the member's approach and is PO'd about it (maybe thinking it is a personal attack).

3. Member digs in and pushes his point [frankly as I would in the same situation, but that's just me and my heritage [Scottish clan motto "Conquer or Die", which seems to run in my blood] and a few of my like minded curmudgeon friends].

4. Everyone races off to lawyers to prove their damn points. I've practiced law for 41 years. I do not litigate, I leave that to the darker side of my profession. I've been far more successful over the years avoiding litigation for my business clients than letting things get into litigation. Litigation is horribly expensive, time consuming, and more often than not enriches the lawyers and ends up in some sort of distasteful compromise in the end. Of course there are some things that just have to be litigated, but that usually involves big dollars, and if I finally get there, usually my client wins.

Would Steve just walk away from this all? I dunno, only met him once and corresponded a couple times circa Porsche Race Car Classic 4 years ago.

If so, cannot the Board just let it go wrap this up?

How about some directors explain to the membership, as things stand now, what does the club have to gain, and what does it have to lose, what is the cost to continue, and what is the best way to get on with life. Again, I haven't followed all the details, but I surmise the big issue now is Steve did a mailing to all members and the Board thinks that violated the court's order so Steve is in contempt to must face fines or damages. If that's all this is about at this point, what's the point?

I really would like a non-emotional summary of where this all stands. The Board's professional summary, where does this stand, what is the objective, what is the cost, what is the potential outcome, what are chances for success, what is the cost?

I'd be happy to mediate this for free. Let me know, maybe I can quickly help wrap this fiasco up.

Thank you for your ear.

KTF,

[C J Murray]

Jim, read my second post on the previous page. Better yet, just read what the Judge wrote. I'm glad you are not negotiating for the club.
Cliff

[Vic Skirmants]

Jim; the plaintiff has forced all this crap on the Registry. We would certainly like it to end, but SH won't let it die, because his ego won't let him.