356 Registry Lawsuit Update
Re: 356 Registry Lawsuit Update
Today, July 21, 2014, the United States District Court for the Southern District of Ohio dismissed, upon the defendants' motion, the case filed in federal court. For details, go to http://www.pacer.gov/ where you'll need to open an account which will cost you nothing unless you become a heavy user.
- Vic Skirmants
- Registry Hall of Fame
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Re: 356 Registry Lawsuit Update
Thank you, Rosemary, for keeping us up to date.
Cheers.
Cheers.
- C J Murray
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Re: 356 Registry Lawsuit Update
Hey Vic, did you get a gentlemanly note of concession upon your victory? That was a victory for you guys, right? Maybe you'll get one after the Ohio victory. KTF
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- Gordon Maltby
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Re: 356 Registry Lawsuit Update
On Monday, July 21, 2014, the Judge in the United States District Court for the Southern District of Ohio, dismissed the the suit filed by R. Stephen Heinrichs against all the current and several former 356 Registry, Inc., trustees and officers personally and individually. The dismissal was based on the Motion to Dismiss the attorneys for the the trustees and officers filed on their behalf. The litigation in the Ohio State Court remains pending with a Trial date of November 17, 2014. The status of the Ohio case will be announced as it progresses.
Re: 356 Registry Lawsuit Update
On July 23, 2014 the trustees filed the Registry's motion to compel discovery in the state court action.Rosemary Sampson wrote:Today, July 11, 2014, Mr. Heinrichs submitted his motion requesting that a partial summary judgment (that is, without trial) be entered in his favor and against the Registry in the Ohio state court as to some of the litigated matters. The motion asks the court to determine, among other things, that all members are entitled to the records Mr. Heinrichs and others have sought for many years now. A full copy of the motion is available on the court's web site. http://www.franklincountyohio.gov/clerk/cio.cfm
On August 1, 2014 the trustees filed the Registry's opposition to the plaintiff's motion for summary judgment in the state court action.
Last edited by Rosemary Sampson on Thu Aug 07, 2014 8:29 pm, edited 1 time in total.
- C J Murray
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Re: 356 Registry Lawsuit Update
Deleted by moderator
'57 Speedster
'59 Sunroof
'60 Devin D Porsche Race Car
'63 Cabriolet "Norm"
'67 911 S Original Owner
'03 Ferrari 575M
'09 Smart Passion
'59 Sunroof
'60 Devin D Porsche Race Car
'63 Cabriolet "Norm"
'67 911 S Original Owner
'03 Ferrari 575M
'09 Smart Passion
Re: 356 Registry Lawsuit Update
On September 24, 2014 the trial court in Ohio state court entered two orders that might be of interest to my fellow club members. The notices of decision are posted on the court's web site which if you haven't used it before you can click through here: http://www.franklincountyohio.gov/clerk/cio.cfm. The rulings are, naturally, what count, not my summary.
The court partially granted Heinrichs's motion for summary judgment. The court validated his claim in Count One that he (and presumably any member) is entitled to those records - see the opinion itself for a more detailed discussion. The court makes a detailed analysis in the ruling but a "snip" of the bottom line follows.
The court found that there are some triable issues of fact as to Count Two, although it found conclusively, without the need for trial, that Steve Heinrichs was wrongfully expelled by the trustees, thus granting his motion in part as to Count Two. The defendant club, due to what the court has held were the wrongful actions of its trustees, will be liable for damages that Heinrichs can prove were caused by that wrongful expulsion.
The other motion, which was granted in large part as stated by the court, was the trustees' motion to compel discovery from Steve Heinrichs. The order does not lend itself to "snipping" as readily as the other order does so the holding is summarized as follows. The order compels Heinrichs to produce: 1. Heinrichs's financial records pertaining to two books on Porsche; 2. Heinrichs's correspondence, if any, with Wolfgang Porsche that refers to the R or its officers/trustees; 3. Correspondence with Bill Sampson, to be produced in camera for the court's inspection; 4. Correspondence to/from R members referring to trustee elections or candidates. Read the decision itself if you are interested in the court's reasoning and further details as to its rulings.
Rosemary Sampson
The court partially granted Heinrichs's motion for summary judgment. The court validated his claim in Count One that he (and presumably any member) is entitled to those records - see the opinion itself for a more detailed discussion. The court makes a detailed analysis in the ruling but a "snip" of the bottom line follows.
The court found that there are some triable issues of fact as to Count Two, although it found conclusively, without the need for trial, that Steve Heinrichs was wrongfully expelled by the trustees, thus granting his motion in part as to Count Two. The defendant club, due to what the court has held were the wrongful actions of its trustees, will be liable for damages that Heinrichs can prove were caused by that wrongful expulsion.
The other motion, which was granted in large part as stated by the court, was the trustees' motion to compel discovery from Steve Heinrichs. The order does not lend itself to "snipping" as readily as the other order does so the holding is summarized as follows. The order compels Heinrichs to produce: 1. Heinrichs's financial records pertaining to two books on Porsche; 2. Heinrichs's correspondence, if any, with Wolfgang Porsche that refers to the R or its officers/trustees; 3. Correspondence with Bill Sampson, to be produced in camera for the court's inspection; 4. Correspondence to/from R members referring to trustee elections or candidates. Read the decision itself if you are interested in the court's reasoning and further details as to its rulings.
Rosemary Sampson
Re: 356 Registry Lawsuit Update
Trial of both Stephen Heinrichs's suit against the Registry and the Registry's suit against Stephen Heinrichs has been continued to January 27, 2015. More information is available on the court's web site.
REGISTRY DISMISSES BASELESS SUIT
On January 19, 2015, Dominic Chieffo, the attorney retained by the trustees, dismissed without prejudice the (frivolous?) suit they had him file in our name against Mr. Heinrichs. Two years were wasted on their suit aka counterclaim. It was always utterly without merit and a waste of our money. Thank you to the trustees for finally deciding to do the right thing in that regard. A copy of the dismissal is below.
Jury trial of Mr. Heinrichs's suit in Ohio State Court, a substantial portion of which he has already won, is pending.
Jury trial of Mr. Heinrichs's suit in Ohio State Court, a substantial portion of which he has already won, is pending.
- Steve Proctor
- 356 Fan
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Re: 356 Registry Lawsuit Update
Rosemary...good of you to keep us up to speed. I'd like to telephone you personally for detailed information regarding the proceedings. Please email a phone number and a good time to discuss. Thanks,
STP
STP
STP
Steve Proctor
Member Since 1977
VIN 84757
Steve Proctor
Member Since 1977
VIN 84757
Re: 356 Registry Lawsuit Update
Steve:Steve Proctor wrote:Rosemary...good of you to keep us up to speed. I'd like to telephone you personally for detailed information regarding the proceedings. Please email a phone number and a good time to discuss. Thanks,
STP
I emailed you twice with the number for the only phone we have at the moment and never heard from you. So, if you missed it, try EDITED TO DELETE # NOW THAT STEVE HAS IT. Forgive what I forlornly hope will prevent bot harvesting of the number.
Last edited by Rosemary Sampson on Tue Feb 03, 2015 10:32 pm, edited 1 time in total.
- Steve Proctor
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Re: 356 Registry Lawsuit Update
Trial of the remaining issues in the case is now scheduled for April 6, 2015.
- Jerry Henning
- 356 Fan
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Re: 356 Registry Lawsuit Update
Oh Rosemary!
You seem to be falling down on the job. You usually provide us such detailed blow-by-blow coverage of developing events, but not in this case? It sometimes appears that you perhaps mimic (or parrot), word for word what your husband has posted on another website, but why now the lack of fair and complete communication to our members on these current events? Do they not need to know the details?
For those interested in your husband's recent comments and commentary, here is a link to the posted information:
http://www.abcgt.com/forum/13-Open-Topi ... =528#25445
To paraphrase your usual postings:
"On February 17, 2015 the trial court in Ohio state court entered six orders that might be of interest to my fellow club members. The notices of decision are posted on the court's web site which if you haven't used it before you can click through here: http://www.franklincountyohio.gov/clerk/cio.cfm. The rulings are, naturally, what count, not my summary."
Jerry Henning
The Warm Sunny Florida Gulf Coast
You seem to be falling down on the job. You usually provide us such detailed blow-by-blow coverage of developing events, but not in this case? It sometimes appears that you perhaps mimic (or parrot), word for word what your husband has posted on another website, but why now the lack of fair and complete communication to our members on these current events? Do they not need to know the details?
For those interested in your husband's recent comments and commentary, here is a link to the posted information:
http://www.abcgt.com/forum/13-Open-Topi ... =528#25445
To paraphrase your usual postings:
"On February 17, 2015 the trial court in Ohio state court entered six orders that might be of interest to my fellow club members. The notices of decision are posted on the court's web site which if you haven't used it before you can click through here: http://www.franklincountyohio.gov/clerk/cio.cfm. The rulings are, naturally, what count, not my summary."
Jerry Henning
The Warm Sunny Florida Gulf Coast
- C J Murray
- 356 Fan
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Re: 356 Registry Lawsuit Update
Hi Jerry,
We're headed to Sebring this morning to steal some of your sun. Thanks for the update and the link. I doubt the lack of reporting from the Sampsons has anything to do with the SH legal setbacks. I think Bill, the great legal mind of the couple, has been unable to pry himself away from the ABCGT forum where he is also known as "Bill Sampson AKA Reverend Moon(er)" and has responsibility for legal reporting and adult entertainment. This surely is time consuming.
Cliff
Deleted by Monitor
We're headed to Sebring this morning to steal some of your sun. Thanks for the update and the link. I doubt the lack of reporting from the Sampsons has anything to do with the SH legal setbacks. I think Bill, the great legal mind of the couple, has been unable to pry himself away from the ABCGT forum where he is also known as "Bill Sampson AKA Reverend Moon(er)" and has responsibility for legal reporting and adult entertainment. This surely is time consuming.
Cliff
Deleted by Monitor
'57 Speedster
'59 Sunroof
'60 Devin D Porsche Race Car
'63 Cabriolet "Norm"
'67 911 S Original Owner
'03 Ferrari 575M
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'59 Sunroof
'60 Devin D Porsche Race Car
'63 Cabriolet "Norm"
'67 911 S Original Owner
'03 Ferrari 575M
'09 Smart Passion