356 Registry Lawsuit is Concluded

[Vic Skirmants]

Looks like it finally IS over. Maybe Rosemary can post the applicable court documents.

[C J Murray]

Looks like it finally IS over. Maybe Rosemary can post the applicable court documents.

I'm not falling for that one again!

[Sebastian Gaeta]

Looks like it finally IS over. Maybe Rosemary can post the applicable court documents.

Vic,

Do you mean this?:

Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Jun 17 8:57 AM-12CV012434 00549 - D25
IN THE COURT COMMON PLEAS OF FRANKLIN COUNTY, OHIO
R. STEPHEN HEINRICHS, • . Plaintiff, • . Case No. 12 CV 012434 v. • . Judge RICHARD S. SHEWARD 356 REGISTRY, INC., • . Defendant. . .
DECISION AND ENTRY ON DEFENDANT, 356 REGISTRY, INC.'S, MOTION FOR A FINDING IN CONTEMPT AND SANCTIONS AGAINST PLAINTIFF, R. STEPHEN HEINRICHS AND HIS ATTORNEY, TIFFANY C. MILLER FILED ON APRIL 24, 2015, AND ON ALL OTHER PENDING MOTIONS

This matter came before the Court on June 10, 2015, upon the Motion of Defendant, 356 Registry, Inc., for a finding in Contempt and Sanctions against Plaintiff, R. Stephen Heinrichs, and his Attorney, Tiffany C. Miller, filed on April 24, 2015, and on all other pending motions. Plaintiff filed a Memorandum in Opposition and Defendant filed a Reply to the contempt motion.

The Court will first address all of the other pending Motions. On April 16, 2015, Plaintiff filed a Motion for Relief/Reconsideration of the April 13, 2015, Order to return documents to Defendant on or about April 17, 2015. Defendant filed a Memorandum Contra. That Motion is hereby Overruled. On May 26, 2015, Plaintiff filed a Motion to Excuse the Attendance of the Plaintiff at this June 10, 2015, hearing. On June 1, 2015, Defendant filed a Memorandum Contra and on June 8, 2015, Plaintiff filed a Reply. This case has been pending since 2012, and Plaintiff has never appeared notwithstanding the Order to do so previously. That Motion is hereby Overruled.


Plaintiff filed a Motion on May 26, 2015, to Stay Activity Pending Appeal. Defendant filed a Memorandum Contra on June 1, 2015, and Plaintiff filed a Reply at 2:04 PM on June 8, 2015. That Motion is without merit and hereby Overruled. On June 6, 2015, Plaintiff filed a Motion to Quash a Subpoena issued to Third-Party Vendor, Regiscope, requesting an expedited ruling. Defendant filed a Memorandum Contra on June 8, 2015. There was no Reply by Plaintiff. Notwithstanding Orders to the contrary, Plaintiff insists upon contacting everybody with information he received through discovery and then, for the most part, denying it. The subpoena was appropriate and the Motion untimely, therefore that Motion is hereby Overruled. This case has been pending for some two (2) years and has taken up a great deal of the Court's time with the Court searching for a claim without ever really seeing one (other than the claim as to review of corporate records) and to the conclusion that Mr. Heinrichs apparently is doing everything he can do to use the legal process as a tool of harassment to the Defendant. The Court has yet to see a colorable claim set forth by Plaintiff other than the claim as to records. Plaintiff was thrown out of the club and so he litigated this at great expense to Defendants without color of cause of action. The Court does not know what he was thinking or his counsel was thinking. Mr. Heinrichs has never, ever made an appearance in this case. He was previously Ordered to show and he did not show up. He was Ordered to show a second time and he did not show up. His claim of medical problems has not been outlined to the Court and has not been established as any cause to delay this matter for two years and continue to prosecute without ever appearing in Court. What the Court has seen thus far from the Plaintiff is an abuse of process. He has done everything possible apparently to harass or undo the Defendant without a viable cause of action, and then when the time comes, he simply dismisses his remaining
claims.

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. These matters were also participated in by his attorney, Tiffany Miller, so the Court's orders apply to her as well as him, that is, contempt and sanctions. To purge themselves from contempt the Court hereby imposes a fine of Fifty Thousand and 00/100 Dollars ($50,000.00) payable to the Defendant for the expenditure it has had to put forth in this action. This has been an abuse of process and harassment. 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. Further, the Plaintiff and his counsel, Tiffany C. Miller are hereby Ordered to return all documents received in discovery provided by Defendant to the office of Counsel for Defendant, Dominic J. Chieffo, within fourteen (14) days of the filing of this order. It is so Ordered.
Judge Richard S. Sheward

Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Jun 17 8:57 AM-12CV012434 00549 - D28
Copies electronically to:
Tiffany C. Miller Counsel for Plaintiff
Dominic J. Chieffo Donald L. Anspaugh Counsel for Defendant
=========================================================================================

Rosemary, I am not an attorney but I feel your commentary in the past has been fair and level. Can you give the same type of commentary to these rulings?

Thanks,

[Joris Koning]

My question is if there is any possibility of an appeal against the above judgement?

[Jerry Henning]

Joris, unfortunately, the answer sadly appears to be yes, from what I can tell. There is still an active status on the appeals case (15 AP 000532) with the Franklin County Court of Clerks initiated back in May. Hopefully the upper courts will review the case notes so far and make appropriate educated judgements.
Jerry

[C J Murray]

the Plaintiff, R. Stephen Heinrichs, is in contempt of this Court

Big deal! He's full of contempt for the entire human race!

the Court hereby imposes a fine of Fifty Thousand and 00/100 Dollars ($50,000.00) payable to the Defendant for the expenditure it has had to put forth in this action. This has been an abuse of process and harassment. 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. Further, the Plaintiff and his counsel, Tiffany C. Miller are hereby Ordered to return all documents received in discovery provided by Defendant to the office of Counsel for Defendant, Dominic J. Chieffo, within fourteen (14) days of the filing of this order. It is so Ordered.
Judge Richard S. Sheward

I think numb-nuts and the valley girl were meant for each other. I'm sensing that the Judge has had enough of these idiots. He certainly hits the nail on the head! Contempt! Ego! Harassment! Abuse! The following is so good that I have to quote it again....

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. These matters were also participated in by his attorney, Tiffany Miller, so the Court's orders apply to her as well as him, that is, contempt and sanctions. To purge themselves from contempt the Court hereby imposes a fine of Fifty Thousand and 00/100 Dollars ($50,000.00) payable to the Defendant for the expenditure it has had to put forth in this action. This has been an abuse of process and harassment. 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. Further, the Plaintiff and his counsel, Tiffany C. Miller are hereby Ordered to return all documents received in discovery provided by Defendant to the office of Counsel for Defendant, Dominic J. Chieffo, within fourteen (14) days of the filing of this order. It is so Ordered.
Judge Richard S. Sheward

Believe it or not some idiot will STILL get on this thread and defend this guy! My opinion...he stinks, his books stink, his lawyer stinks, his cat stinks, and even his dog stinks(but the dog is trying to escape, wishing the dog luck!)!

[Jerry Henning]

Ahah, Cliff.
I see you are hard at work attempting to appeal your suspension!
Best of luck!

Free Cliff!

[Emil Wojcik]

I'd like to see the Registry publish the judge's final ruling in an upcoming issue of the magazine, as posted by Sebastian, to counter the mailing sent out by SH and his council. All members need to be aware that the court has so vehemently found in favor of the club, but at this point many members' only knowledge of this entire farce has been through the plaintiff's mailing.

[Felix Macaluso]

Cliff,
much as I would like to hear Rosemary's take on this, I'll bet she doesn't want to get involved with comments like yours:

I think numb-nuts and the valley girl were meant for each other. I'm sensing that the Judge has had enough of these idiots. He certainly hits the nail on the head! Contempt! Ego! Harassment! Abuse!

And it gets you in trouble. How long is your suspension? And how come you can still post? Obviously I'm more a reader than writer here.
Felix

[Sebastian Gaeta]

Cliff,
much as I would like to hear Rosemary's take on this, I'll bet she doesn't want to get involved with comments like yours:

I think numb-nuts and the valley girl were meant for each other. I'm sensing that the Judge has had enough of these idiots. He certainly hits the nail on the head! Contempt! Ego! Harassment! Abuse!

And it gets you in trouble. How long is your suspension? And how come you can still post? Obviously I'm more a reader than writer here.
Felix

Felix,

That was my request for Rosemary's commentary. She has been quite fair while doing this, simply putting the info out there with pretty neutral comments. I'd like to hear what she thinks about this and what it means.

Unless I missed the sarcasm in your post, Cliff's suspension is self imposed, but please see my signature below as I have been advocating his release for well over 8 days now!!

[Jeffrey Leeds]

Judge Richard S. Sheward has written a well reasoned decision, and the fact that his decision includes both sanctions against the Plaintiff's Counsel and an award of money damages, is powerful. Assuming Judge Sheward has some history in the Ohio court system, and that this case has no question of law, it would be reasonable to assume that any further appeals by the Plaintiff will be denied by Appellate Judges. Courts move painfully slowly, but they also don't like time wasting,

Nevertheless, it ain't over until it is over.

[C J Murray]

Hi Felix,
That quote has nothing to do with the Sampsons but this one might apply if they care to further defend the Plaintiff. Their choice.

Believe it or not some idiot will STILL get on this thread and defend this guy!

The Judge threw the book at Mr Plaintiff stopping just short of using profanity. This thing is so absurd as to deserve zero respect in return to Mr Plaintiff and his supporters. Felix, I know your position differed from the other Trustees and that your attitude is more gentile than mine but I will side with the Judge and continue to display my disgust. I relate better to Churchill than I do to Chamberlain.
Cliff

[Jerry Henning]

The next milestone:
The Appellate Court has ordered a mediation teleconference for June 24th. Here the appellate court appointed mediator will attempt to negotiate a settlement between the two parties' councelers, but will also undoubtedly be reviewing the case for merit.
As they say - Stay Tuned. . .

[Mike Wilson]

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?

Perhaps a summary to date can be posted. I'm trying to figure out why the appellate court would schedule the mediation teleconference. What issues does the Court see as needing to be settled? Perhaps it is to really finally conclude the suit by both parties agreeing not to further appeal.

I don't think any of the parties: the Registry, Mr. Heinrich or the Court want this case to drag on any longer. I certainly don't as it has taken us away from our primary purpose, the sharing of information and cameraderie enjoyed by owning a 356.

[C J Murray]

I would think that when an appeal is filed the appeals court has no choice but to respond. The Plaintiff will have to present something new so a phone call may just be to hear what is new. It might be a very short call.

I don't think that the Judge thinks that the Plaintiff has intended to move through the court quickly.