356 Registry Lawsuit is Concluded

[Mike Wilson]

You may be right, Brian, but if the lower court ruled that the documents had to be returned to the Registry, I don't know why there would be a gag order imposed by either by the court or the Registry trustees/officers. Simple question, did the plaintiff comply with the court order? I don't recall reading that retaining the documents was part of the appeal but rather the finding of contempt by using the membership list for the mailing to the members.

What amazes me is how long the appellant court is taking in rendering a decision.

Not being versed in law, it is confusing to me to say the least.

[Brian R Adams]

Mike,

I meant a self-imposed gag order.

[Jim Liberty]

I'm speaking for myself now not the Board. This thing has dragged so long I can't even remember the details. The fact of the matter is that the Plaintiff has been fined by the court $50,000 and his Ohio attorney the same. That fine applies to all the wrong doing that has gone on. That said, I don't know if he has returned the lists, my guess is he has not, and won't until he has lost his final appeal. Even so, who knows if he has copied them. In the overall scheme of things, this is not a major case in the Ohio court system. The court has taken months just to review his appeal. Anyone one of you could do it in an hour I suspect.

Stay tuned, this could go on for many more months, maybe even years. He still has the State Supreme Court to go.

.................. I still can't believe it guys. Jim.

[Jim Neil]

Haven't posted in this thread for a long time. Isn't it just time to let this whole fiasco die? Would like to never see anything again about this, let's put egos aside, close this out, and move on what we are all here for. Let's just settle this up and forget it as a bad adventure.

[Vic Skirmants]

Jim; would you like to forward your comments to the guilty party?
Don't you think we ALL would like to be done with this???

[Mike Wilson]

Thanks for the clarification, Brian. I would think that if the documents had been returned, we would have been informed but I think your assessment, Jim, may be accurate. But, I thought the court had ordered him to do so and that issue is not before the appellant court. I thought the main issue before the court was the finding of contempt and the resulting fine along with other issues.

Since the plaintiff appealed to the higher court, I think only he could petition to have the case dismissed. Another option might be for the Registry to attempt to settle with him on condition of dropping the appeal. However, neither of those options would address the contempt issue and it may be too far along in the process to discuss a settlement.

It seems like the Ohio court is taking a long time to hear/resolve this case but, in the grand scheme of things, it may be be a low priority and we don't know how many cases are before them.

Hopefully, final closure will be forthcoming and the case will not be appealed to the Supreme Court. If I understand the process, the Supreme Court (and possibly the appellant court) could actually refuse to hear the case. Perhaps one of our legally trained members can comment.

[Jim Liberty]

Mike, everything you say is true. You are better than I at delineating the facts. Also, there is no way to settle this, as we have attempted to do so. I forget his demands to do this, but one was full reinstatement into the club. This Board would not agree to this for obvious reasons. We will never know if he has copied the member list, we know he has it, as he mailed a letter to most of us. Funny, I never received his letter. FYI, I did however receive a can of SPAM with a very cryptic note attached from him, or one of his cronies. I didn't get the significance, until one of the younger Board members told me what "Spam" meant in the context of e-mails. Bob Campbell got a bottle of sand with nails sticking out with a note "You know where to stick this" or words to that effect. These are the kind of adults we are dealing with.

.................................................Jim.

PS. I happen to really like Spam, either fried, or baked with a mustard glaze. In my early married days, that was a diner special.

[Mike Wilson]

SPAM...a Hawaiian staple! Not sure what the meaning was with that but I can use my imagination for the "gift" Bob received! My guess is some other joker sent the "gifts". Heck, at least you can use yours!

I know others have tried to get the two parties to settle. Perhaps another attempt would be successful considering how long this is going on. I understand some points are non-negotiable but perhaps others could be agreed upon. Closure would be good.

[Wil Mittelbach]

Jim; would you like to forward your comments to the guilty party?
Don't you think we ALL would like to be done with this???

++1. Quite right!!

[Jerry Henning]

In case you had not seen the latest development in this situation:
https://porsche356registry.org/article/307?
Must be a member and logged on to view.

[Brian R Adams]

Thank you Jerry!

So as I understand it, it is remanded back down to the trial court, where the order to return the discovery documents to the Registry, and sanctions totaling $51,000 payable to the Registry, will be enforced.

[Ron LaDow]

Can we assume this can and will be appealed?

[Mike Wilson]

That seems to be how I read it as well. The plaintiff prevailed on his first claim of "error" in that the Registry's contracts should have been provided with the discoverable documents but the appellant court found in the Registry's favor on the other three issues involving the finding of contempt, witness reimbursement (which was a clerical error on the date) and resulting fines.

Of course, I think either the Registry or the plaintiff could appeal to the Ohio Supreme Court who may or may not choose to hear the case. Hopefully, neither party will and this will be finally over.

[Jeffrey Leeds]

It can be appealed. It will cost the Plaintiff to do so.

Given the decision we're looking at, the Plaintiff's Counsel may ask for a retainer up front, since the Plaintiff is already on the hook for $50,000, and allegedly is ill.

[Brian R Adams]

It can be appealed. It will cost the Plaintiff to do so.

Given the decision we're looking at, the Plaintiff's Counsel may ask for a retainer up front, since the Plaintiff is already on the hook for $50,000, and allegedly is ill.

Well, the appellate court didn't seem to esteem the alleged illness as an excuse for never, ever, having appeared in court when so ordered.

And, BTW, the fine was "against Appellant and his attorney" (emphasis mine) so plaintiff's counsel probably has acquired a distaste for this affair, unless I have an unfairly cynical outlook on lawyers.

Given the censorious language in this decision, an appeal to an even higher court would indicate a rather sanguine outlook on the prospects of success. But, "A fool and his money ...", what?
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