Porsche 356 Registry Litigation: Update?

[Bill Sampson]

From the Registry Forum:



Sometimes that is not a bad way to go, although at this stage of the litigation my personal preference, which is and should be completely meaningless to all parties, would be to schedule a mediation in the immediate future reserving the possibility of further mediation/arbitration in the future. Mediation is about as close as I can get to the suggestion someone made of having a beer together. Mediation is basically having a beer together to discuss settlement but probably without the beer and nothing said by anyone admissible as evidence later.

Perhaps Henry Gates could be the mediator and might permit beer.

[MMW]

Bill Sampson wrote "would be to schedule a mediation in the immediate future reserving the possibility of further mediation/arbitration in the future."

I agree with this but if someone is trying to hide something that might not be in their best interest. Again I am an outsider of over their but I do read both forums as well as The Samba & it looks to me as if there are things that are trying to be kept secret.

[356JAGER]

DELETED

[Steve Heinrichs]

All,

Here is a proposal (please note that I have suggested compromise several times before):

1) There will be mediation agreed to by both sides that will not be mandatory. That is, either side can reject the result.

2) It will be confidential if rejected, meaning that the lawsuits will continue but the sides will not disclose what was discussed or rejected if no compromise is reached.

3) Each side will appoint two representatives and these four will agree on one additional representative.

4) The mediation team will interview me and one person from the Registry leadership with the authority to agree or not. It cannot be a "I agree but must check with others" person. The Registry rep must have authority.

5) If there is a comprehensive compromise recommendation from the mediators agreed to by both sides, the full agreement will be published in the Magazine and on-line and will beso published before the elections are complete.

This offer is open for one week; it expires on 13 October 2013 at 5pm Pacific time.

I hope all understand that I am unable now to post on the Registry web site.


Steve Heinrichs

[MMW]

So lets look at this hypothetically. Two scenarios, pick one.

1) Steve needs to sell books so he gets himself kicked out of the Registry & then files a lawsuit that will drag on for a long time & cost him a lot of money. In the end the courts will rule against him because it is frivolous. After all is done he looks like a fool & his rep is tarnished. Doesn't sound reasonable does it?

2) Steve asks a few questions & the trustees panic & kick him out before it goes further. Steve doesn't go away & keeps pushing for answers. Now they try to make him look bad & finally Steve has enough & files suit. Now the trustees panic more because nothing is in order so lets stall/counter sue to by some time. Now the hole is deeper & things aren't going their way. We have nothing to hide but lets drag us all through this & spend a lot of money.

If it was me & I had nothing to hide I would prove Steve wrong & make him look bad but it looks like they can't do that. The truth will come out. You couldn't make this stuff up?

[356JAGER]

DELETED

[MMW]

Just saw on here Steve's post #12308. Maybe someone should copy & paste it in the Registry thread?

[Bill Sampson]

Mic:

I already persuaded Rosemary to risk a barrage of venom once today by having her paste and copy what I wrote advising the R members that Tom Couglin's proposal had been posted here.

If nobody has posted anything over there by tomorrow maybe I'll try bribing her with Pralines N Cream to get her to stick her neck out there again.

More eloquently than I could possibly do you expressed the two sides to the issues in another post. Briefly too. Well done.

Bill

[Carrera GT]

To All: the "Book" (although done in the most excellent conjunction with Porsche AG/Museum/Archive & Steve H., etc.) has nothing...meaning nada-zero to do with the 356 Registry lawsuit. Go ahead, be a naive delusional member to that idea...but it is NOT. It's time to please "Wake Up" and snap out of it. Do not be fooled by the "Registry President or current Trustees" any longer.

Michael Doyle

[MMW]

To All: the "Book" (although done in the most excellent conjunction with Porsche AG/Museum/Archive & Steve H., etc.) has nothing...meaning nada-zero to do with the 356 Registry lawsuit. Go ahead, be a naive delusional member to that idea...but it is NOT. It's time to please "Wake Up" and snap out of it. Do not be fooled by the "Registry President or current Trustees" any longer.

Michael Doyle

Michael, If your referring to my post I do realize the book has nothing to do with it but was just repeating what is said by the trustees to show how foolish it sounds. Nothing else to do now but keep the discussion going & hopefully as others read what is going on & start asking questions, minds will be changed & the truth will come out.

[jstenner]

----

[Steve Heinrichs]

All,

Regarding Vic's latest postover there:

He implies after blaming the accountants effectively as to why it is taking too long, that I asked for the audit (as he says I "want more").

Anyway----let's clarify two things:

1) I have never alleged that the Trustees or others misused funds.

2) I have not asked for an "audit".

Read the filings if you do not believe.

Steve Heinrichs

[Bill Sampson]

I agree with Bill, Mic has coalesced this into an easy to understand set of positions. I made one modification that I think is key. The Trustmes are using club funds to BUY time. Which brings up another point: in the second case against the individual officers, if it is proven they acted in an irresponsible manner, is the club necessarily on the hook for their defense (ie, the $10K insurance deductible)?

I'm married Jack. To find someone who agrees with me is a rare treat. Thank you.

The insurance issue is complex to say the least. Insurance is designed to cover one from one's mistakes but not intentional wrongdoing. When both are alleged carriers frequently reserve their rights while furnishing a defense, subject to re-claiming any funds expended upon proof of intentional wrongdoing - something rarely pursued and even more rarely proved. The club has already paid its deductible in the state court case. Whether or not there is a reservation of rights in that case would be known, at this point, only by the trustees and their lawyers. I think.

In the recently filed federal case there are allegations by Steve of both mistakes and of intentional wrongdoing. Some of the officers/trustees pretty clearly 'only' ratified what others had done. It is conceivable but unknown outside the board room (and now the board's lawyers) whether any trustees voted against Steve's purported expulsion from the club. It seems likely to me that defenses to all officers/trustees named in the federal suit will be furnished by the carrier(s). How many deductibles will have to be paid is a question above my pay grade I'm afraid. I'll decline to guess on that one. The same considerations as above will apply as to the carrier(s) possible attempt to recover its/their expenses if intentional wrongdoing is proved.

I HOPE I furnished some light here. If not, I think you have my email address Jack (or anyone) and feel free to write. I'll be happy to correct the above if there are errors by the way.


Bill

[Bill Sampson]

A few minutes ago Rosemary posted, with my assistance, a copy of Steve's proposal for mediation on the Registry web site. Many Americans consider Lincoln our greatest president. Fewer recall that he was a great lawyer. I offer the following:

Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.

Abraham Lincoln

[Carrera GT]

To All: the "Book" (although done in the most excellent conjunction with Porsche AG/Museum/Archive & Steve H., etc.) has nothing...meaning nada-zero to do with the 356 Registry lawsuit. Go ahead, be a naive delusional member to that idea...but it is NOT. It's time to please "Wake Up" and snap out of it. Do not be fooled by the "Registry President or current Trustees" any longer.

Michael Doyle

Michael, If your referring to my post I do realize the book has nothing to do with it but was just repeating what is said by the trustees to show how foolish it sounds. Nothing else to do now but keep the discussion going & hopefully as others read what is going on & start asking questions, minds will be changed & the truth will come out.

Hi Mic,

No, I hadn't seen your earlier post. So, ironically, we're both pointing out the same subject matter regarding the Book issue. As you say "the book has nothing to do with it but was just repeating what is said by the trustees to show how foolish it sounds".

Yes, quite foolish, as the forthcoming Book is a product being published for "PORSCHE". They have a very high degree of professional trust in Steve Heinrich's as an author/contributor to this long awaited Museum/Archive Book. The idea that Steve wanted members contact information to sell them Books is preposterous fantasy.

It would be helpful for clarity sake, that the Members of the 356 Registry realize how fortunate they are to have Steve doing the work that he does so diligently for the betterment of the Club...it parallels the same as to how Porsche feels about Steve and his work for them. It is the Trustees of the 356 Registry that have spun a different concocted story and terminated Steve's long time Membership. Previously characterized as the Trustees "Woeful Misconduct". Lets' also add "Shameful".

Perhaps the recent Mediation Outline put forward by Steve will be viewed by "All" as an opportunity that could result in a positive manner.

Michael Doyle