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Old 07-06-2010, 07:51 PM   #645
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Originally Posted by CrawfordGene View Post
One other thing—I haven't had to deal with federal jurisdictional issues for a very long time, but it appears this case may be filed in a federal District Court in NY. That seems unusual for this type of case unless there is a specific federal statute giving the federal court jurisdiction. I would think this type of case would be filed in the state court where the WBCCI is headquartered or incorporated or where an officer or director lives. I think a federal judge if he has any discretion would try to get rid of this case by sending it to a state court.
Therefore you're a bit rusty
While I'm not going to state the claims at this time many are Federal exclusively, so State court has not jurisdiction.

Where WBCCI is headquartered is of no import they do business in NY.



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Old 07-07-2010, 05:13 AM   #646
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... is this suit ever going forward? International was the perfect time to serve them all of them and now it has come and gone. You could have used one server instead of having to track down them all down where ever they scatter to and hire many servers in many states. With limited resources, you need to make your money count.
But is this suit actually going to happen or is it still speculation? I am wonder, because I sure hope you are going to get on with it...
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Old 07-07-2010, 06:04 AM   #647
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Frank I didn't think you supported the lawsuit?

Please explain your position.
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Old 07-07-2010, 07:35 AM   #648
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I'm kinda feeling the same way as Frank. Is this suit going anywhere? I posted here some time ago asking about what's being claimed and what's being asked for and I was told I needed to wait and that all would be posted once the suit was put together. I've not searched back through the posts here, but I'm pretty sure it was at least 2 months ago that I asked. Anytime anyone asks what's the status, they are told that they can't be told.

A couple questions that should be able to be answered without breaking confidentiality of the suit:

1) Are sufficient funds available for the suit (I think the answer is yes, but just clarifying)?
2) Approximately when (date, please) will the suit be filed?
2a) When will the details of the suit (claims and requests) be made public at defendwally.org?

I'm still toying with the idea of a donation to the defendwally fund since I will have $65 to spare next year. But, I don't like to give my money to causes that I don't know what's going on or being asked for. If I wanted to do that, I'd just give my $65 to the WBCCI and not worry about how to get the darned red numbers of my trailer at the end of the camping season in Ohio.
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Old 07-07-2010, 08:22 AM   #649
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I was thinking the same thing as Frank a few days ago, but didn't post cause I didn't want to start the flame wars, but since it's been asked (again).....

It's a valid question. It's now been over 4 months and in that time, we've heard a lot of what's in the suit (which to me means that it was well underway back in March or April), yet here we are in early July, with all kinds of rhetoric still being posted here and of course little substance. Additionally, as was pointed out, the ringleader(s) of this suit were posting here feverishly for months and again as many in legal circles pointed out, any good legal "team" would have nixed that pretty quick, yet it continued and seems to still continue today.

Folks with far more knowledge than I (or IMHO the leaders of this cause) in terms of the legal system have posted here as well and have brought up great points only to have them quickly dismissed by folks who have far less exp than the folks posting their legal experience in these matters.

What is also interesting to me is that I get PMs every so often from one of the ringleaders of this cause by saying things like:

Quote:
Hey thanks for your stupid posts, each time you post we show up on the front page top of the list.

great PR
Mind you these same folks have publicly stated I am on their "ignore list".

All things considered, I am beginning to get the sense like many others that this cause is all a PR/smear campaign in and of itself. Though we've all read the saber rattling in many formats, to date there has been little action, and I too am doubting that anything will actually happen of any substance, if even at all at this point. I'm sure there will be a witty retort and dismissal of these questions by the folks leading this charge, but you'll also most likely note there will be little substance to these retorts.
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Old 07-07-2010, 08:26 AM   #650
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The defendants and their attorneys (are paid to read these posts) are following this forum which is why your questions can not be addressed publicly.

We are not avoiding the questions; suffice to say soon.

More issues to consider after the International meetings
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Old 07-07-2010, 08:29 AM   #651
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It takes time to carefully examine documented facts and what can be proven, get the wording of a complaint correct, and to research applicable statute/law/case law, etc., as no reputable attorney is going to file something that will be summarily dismissed once it gets before defense counsel and a judge. This likely did not begin in earnest until that lump sum retainer was gathered together.

From what the driving forces have been posting here on the forums, I believe it's coming.

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Old 07-07-2010, 08:34 AM   #652
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+1.
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Old 07-07-2010, 08:53 AM   #653
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OK. I'll disappear back into my hole for 2 more months.
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Old 07-07-2010, 09:35 AM   #654
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The WBCCI losing 1000 more members will have far more impact than any the result of any litigation. As long as you keep renewing, Paula, there is no meaningful incentive for the IBT to change. If I were on the IBT and reading this thread... I certainly wouldn't be worried about an up-to-this-point mythical lawsuit. As for your letter, you might as well write it in Sanskrit. From everything I've gleaned, the IBT Board has a different reality than you... and they will until they lose another 1000 members. The world--as they see it--is 5900 happy members and 100 malcontents. You can increase the number of disgruntled members but the bottom line is you still have thousands of people paying dues every year. With the greatest possible respect, Paula, I gently suggest that the IBT has your consent.

Oh, and if you want to reread Churchill's "History," I have a copy on my shelf.
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Old 07-07-2010, 10:14 AM   #655
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Originally Posted by hampstead38 View Post
If I were on the IBT and reading this thread... I certainly wouldn't be worried ........
If they weren't concerned why did they spend $20,000 * on their lawyers to monitor these threads?

*As reported at the Int Rally
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Old 07-07-2010, 01:30 PM   #656
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DISCLAIMER
I asked not in order to flame or harass. I asked because I want to know. "I" means me as a person, not the voice of the TAC that is...



I could be mistaken, I often am. I listened to the simulcast a great deal even though I am a "quitter", "malcontent" a "yahoo" and my absolute favorite, a "neanderthal" I just happened to hear the titillating part about moneys for legal expenses. The $20k of $29k was spent on kicking Mr Garvey out of the club and "it was money well spent" they said. So the money spent was directly a catalyst for the law suit now being under taken, or spoke of, soon to be under taken.

Frank I didn't think you supported the lawsuit?

Please explain your position.

I don't support your law suit. I think it a fools errand. I just want to see you guys do what you said and how you will be spending other people's money. I have always been very careful that when I challenge someone, that I can put muscle behind my words. Waiting to see the same happen here.
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Old 07-07-2010, 02:42 PM   #657
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Frank... I am shocked. I always thought of you as more a Cro Magnon guy.



If I had PhotoShop skills, I would have replaced the spear/arrows/pointy sticks with a rivet gun.

In the end, the litigation (if ever filed) won't matter. Whether the IBT successfully defends the status quo or the insurgents extract some legal victory... the decline of the club will continue. Of course, while both sides will claim some measure of victory (no matter what happens), the divisive battle will simply accelerate the downward financial cycle.
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Old 07-07-2010, 02:52 PM   #658
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Word count

Leo was expelled on the basis of 3 forum posts for a total of roughly 245 words.

The IBT spent $20,000 to expel him because they were offended by what he said'

That means they spent $81.63 per word, of our money to protect us from all this disharmony among members.

Does anyone feel better because of this??
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