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Porsche 356 Registry Litigation: Update?

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  • George Dunn posted a lengthy discussion of his version of the facts in the litigation in the NEWS & EVENTS drop down menu on the Registry web site:

    I'll quote one sentence and comment on it:

    "Dealing with personal lawsuits is a huge burden which no one signed up for."

    Steve Heinrichs filed suit, on behalf of himself and on behalf of the members of the Registry, to enforce membership rights on October 1, 2012. The suit is against only a corporation, 356 Registry, Inc. On November 2, 2012, that corporation, which acts solely through its board, including Mr. Dunn, filed a "personal" suit against Mr. Heinrichs, seeking among other things punitive damages. Mr. Heinrichs has no corporate shield behind which to hide - that suit filed at the instigation of Mr. Dunn and his fellow board of trustee members is most certainly personal. Apparently Mr. Dunn feels that a member of the Registry DID sign up for dealing with a "personal" lawsuit.

    Mr. Heinrichs's lawsuit against the corporation is about policy matters. The corporation's suit against Mr. Heinrichs is most assuredly personal.

    Mr. Heinrichs's recently filed lawsuit in federal court against the individual trustees/officers IS most assuredly personal also. Although Mr. Heinrichs is spending his own money and the corporation, officers and trustees are spending other people's money, the parties are, as of a couple weeks ago, on equal footing regarding "personal" lawsuits.

    Mr. Dunn, although stating claimed facts that are disputed by Mr. Heinrichs, states absolutely nothing about the corporation's suit against Mr. Heinrichs. It is about time he does so, or, actually preferably to me, quits complaining about the "personal" lawsuits which originated with him. Having assumed the role of the bully, it is too late for Mr. Dunn to back out when the victim fights back.

    May the best man/woman win.


    Bill
    Bill Sampson

    BIRD LIVES!!!!!

    HAYDUKE LIVES!!!!!

    Comment


    • Friday, November 1, 2013, the 13 individual defendants (all former and/or current trustees and/or officers) filed a motion to dimiss pursuant Rule 12 (and subparts) of the Federal Rules of Civil Procedure. When I have time I hope to provide some analysis - my experience with some of the types of claims is non-existent, however.

      One interesting aspect immediately discernible is that all of the trustees/officers claim, under oath, that 356 Registry, Inc. does business only in Minnesota at the editor/publisher's place of business in Stillwater, Minnesota and has no business relation with its state of incorporation, Ohio, sufficient to invoke the jurisdiction of the federal court in Ohio.

      Steve Heinrichs will have the opportunity to file opposition to the motion a copy of which I will post when he does so.

      The pdf file of the motion is too large to attach and to copy. If you want a pdf please send a request to mondokook-federalcase@yahoo.com and I'll send you a copy.

      On November 6, 2013 I posted an update on the Litigation FAQ thread pertaining to the trustees/officers motion to dismiss in federal court




      Bill
      Bill Sampson

      BIRD LIVES!!!!!

      HAYDUKE LIVES!!!!!

      Comment


      • I don't' know if I want to correspond with someone named mondokook-federalcase.
        Brian O'Kelly

        Comment


        • Originally posted by Losthillsguy" post=13143
          I don't' know if I want to correspond with someone named mondokook-federalcase.
          Well said Brian. I might not either. Since I posted the address I figure I had better make it disposable, just in case the bots harvest it. The file itself just won't fit here.


          Bill
          Bill Sampson

          BIRD LIVES!!!!!

          HAYDUKE LIVES!!!!!

          Comment


          • Just a bit of trivia during the lull.

            I've had my email address openly posted on the internet for over 10 years. I have found that the google spam filters work VERY well. My yahoo mail is forwarded to my google mailbox. I'm not nearly as paranoid as some of our friends over there...

            b.okelly@yahoo.com

            No Guts, No Glory!
            Brian O'Kelly

            Comment


            • Attached Files
              Bill Sampson

              BIRD LIVES!!!!!

              HAYDUKE LIVES!!!!!

              Comment


              • DELETED

                Comment


                • Members are the Club, not the magazine.
                  ----------
                  Keep 'em flying...

                  S.J.Szabo

                  Comment


                  • 356 Registry, Inc., filed its notice of appeal to the Ohio Supreme Court on November 7, 2013 in the STATE case. The memorandum that it filed in support of its request that that court assume jurisdiction was added to the Ohio Supreme Court web site, I think over the last weekend. The memorandum may be viewed here: http://tinyurl.com/Registry-OSC

                    I do not know the time limit for Steve Heinrichs's response but 30 days is usually a good bet when you know nothing else- my current state.

                    Justin - I'll add this to the FAQ also but you may delete it one place of the other if you think appropriate since I will be intentionally cross-posting.
                    Bill Sampson

                    BIRD LIVES!!!!!

                    HAYDUKE LIVES!!!!!

                    Comment


                    • [i]
                      Bill Sampson

                      BIRD LIVES!!!!!

                      HAYDUKE LIVES!!!!!

                      Comment


                      • I just read through the latest that Bill posted. Two observations, first it must of cost a lot of money just to research & write up this latest filing & second the attorney, Tiffany C. Miller makes a great argument.
                        Mic
                        1959A coupe

                        Comment


                        • Originally posted by MMW" post=14057
                          I just read through the latest that Bill posted. Two observations, first it must of cost a lot of money just to research & write up this latest filing & second the attorney, Tiffany C. Miller makes a great argument.
                          It is interesting to read and see how the application of "Factual Information" cuts through the other sides "Intended Misinformation" aka. well - fill in your own description.

                          -Michael Doyle-

                          Comment


                          • Whoever is right as to the legal issues here will be seen in the courts. As to the much ballyhooed issues of 'openness, transparency and trust', it is my personal experience that it only exists when convenient to the interests of those in charge on both sides of this conflict. That being the case,I have withdrawn my ACTIVE support and will now get back to what is most important, the cars we enjoy so much.

                            For Cliff and the others speculating on the R thread as to my motivations, or loyalties I'll make it clear and simple.
                            I believe that Steve and his group are legally and morally on the
                            right side of things here. I also believe enough smoking guns have
                            been made available to him to smoke the trustees. IMHO they would
                            be wise to negotiate their departure. I could be wrong of course. There are disagreements among friends all the time, and sometimes one's priorities change, in this case both came into play. For you trollers like good old Bobby Bosch, save your fingers the effort, I'm not going over to the darkside, just back into the garage.

                            Comment


                            • In the STATE case Steve Heinrichs's lawyer filed opposition to the request of 356 Registry, Inc. for the Ohio Supreme Court to assume jurisdiction of the matter. The only version available to me at this time is in pdf - it is on the court web site also here:

                              http://www.sconet.state.oh.us/pdf_viewer/pdf_viewer.aspx?pdf=737846.pdf

                              I would have included a copy of that document as an attachment here but, apparently, it is larger than the software permits.
                              Bill Sampson

                              BIRD LIVES!!!!!

                              HAYDUKE LIVES!!!!!

                              Comment


                              • To Sebastian Gaeta:
                                Why don't you post my entire comment on your site rather than cherry picking what you think enforces your position ? That would be the
                                honest thing to do. Note the addition of the word 'ACTIVE' to clarify things for you. I'd want to be the first plaintiff to contact Steve's attorney in hopes of saving what's left of my reputation, my finances and, most importantly to all concerned, the club.

                                Comment

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