Temporary Injunction by the New York Supreme court against Mike A. and his APBA BOD
06-03-2003, 12:38 PM
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Originally posted by Phknlwyr
All this legal stuff confuses me. Could someone explain it to me?
All this legal stuff confuses me. Could someone explain it to me?
06-03-2003, 01:18 PM
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Originally posted by tanned fat looks better
Well it's like this..............some lawyers will make a lot of money and everyone else will lose,
Well it's like this..............some lawyers will make a lot of money and everyone else will lose,
06-03-2003, 01:30 PM
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SHANE,YES IT IS NICE TO BE INFORMED,BUT THE B.S NEED TO BE OVER AND RACE AND HAVE FUN. ALLWEIS MAY HAVE THE BOATS,BUT TOO MUCH B.S ALONG WITH IT. HE'S A LAWER,ENOUGH SAID.
06-03-2003, 01:54 PM
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thanks, MA looking forward to Savannah.
06-03-2003, 02:22 PM
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Originally posted by Mike A.
To ALL APBA Offshore Fans, Teams, and Sponsors:
We regret that no matter how hard we try to keep these matters out of the public arena, some people feel compelled to do so, regardless of the consequences or impact it may have on the sport.
When these types of disclosures are made in a vacumm, like was done by Mr. Barrett, it does not serve any useful purpose. Because as I have said before nothing said here will have ANY impact on the matters at hand.
I know many of you have urged us not to respond to these provocations and we try not to. But there are times, like this one, when we feel we must to ensure that you maintain your confidence in our ability to sanction and produce our events and corresponding television shows.
So, here is what Mr. Barrett neglected to tell you about the above so called court order:
1. The order was secured without any notice being given to us. In other words, Mr. Barett's principals went to the judge and argued their case without even telling us to avoid us being present to oppose them or present our facts.
2. They did this without ever even supplying us with a copy of the lawsuit they filed in New York. In short, we had no advance knowledge of any lawsuit or request for injunction until after the fact.
Do you always send the person your sueing advanced copies of your suit against them? The order states that you can prsent your case at a hearing June 13.
3. They failed to fully advise the NY judge that we had sued them for the same thing in Florida and that all of them had been served with our lawsuit and with our notice of hearing on our injunction motion, before they filed their NY lawsuit.
You sued them to have the August elections verified if they were true or not? And ask the court to verify if SEA-TAC was indeed ratified?
4. In fact, they never gave the NY judge a copy of our lawsuit, motions and supporting affidavits, so he could be adequately advised of the fact that a parallel action involving most of the same parties and issues had already been filed and accepted in the jurisdiction of another court.
5. We still have not been properly or legally served with the New York lawsuit, yet Mr. Barrett has it and apparently they have authorized him to disseminate it despite the order which also advises all parties to refrain from interfering with our License.
Your Law firm didn't get the fax on Friday and all the other parties didn't get their overnited copies fi you did this is what the motion says was proper notice. Once the motion is filed it becomes public record same as the suit you filed in Pinellas Co.
This injuction says you can run your category as the contract states but you can't say that you and your BOD are APBA until that hearing.
6. The court has no jurisdiction over us in any event, so this order will be challenged very aggressively.
The Court is NY State Supreme Court, APBA is a NY not-for profit corporation established in NY operating as an alien corp. in Mich.
APBA LLC is the only one operating in FL.
7. They secured the ex-parte injunction from the Judge on the basis of a number of blatant misrepresentations, misleading statements and material omissions of fact.
That is why it is a temporary injunction to allow you to present your case to him on June 13.
8. The theme of the New York Lawsuit is completely dissimilar to the petitioners’ previous statements and actions. Indeed, a close reading of their NY lawsuit demonstrates a total tactical retreat from the position they had been taking for the past four months.
No it's asking for the courts guidance in the issuse of who's in charge of APBA headquarters.
9. Moreover, the judge orders everyone to leave ALL licenses in place including ours which means that our License is NOT terminated, Fitts is NOT chairman, and they cannot do anything to interfere with us. Yet they neglected to tell the court that they have spent the past several months disparaging us, falsely claiming that we owe money, representing to the world that APBA has terminated our License and formed their own offshore category, and attempted to take our customers, racesites, sponsors and fans.
Yes you can operate the category as the contract states but you can't use the money you have collected on behalf of the APBA until this is settled
The bottom-line is that the petitioners secretely secured the ex-parte injunction order from the Judge through fraud. Virtually every claim, paragraph or statement contained in their lawsuit is contradicted by the petitioners’ own statements or documents, most of which they actually published to the membership either in the Propeller or on the official APBA website.
If you haven't recieved you notice how do you know what was included in the suit?
So, make no mistake, our response is coming and we will prevail, just as we ultimately will on the ultimate issues in our case.
As I said at the Driver's Meeting in Marathon, the matter is now in the hands of the courts and will be decided there. I will give you more updates in Savannah as well. In the meantime, we should all go back to boat racing. We have a great event planned for Savannah and we look forward to seeing everyone there.
Mike A.
To ALL APBA Offshore Fans, Teams, and Sponsors:
We regret that no matter how hard we try to keep these matters out of the public arena, some people feel compelled to do so, regardless of the consequences or impact it may have on the sport.
When these types of disclosures are made in a vacumm, like was done by Mr. Barrett, it does not serve any useful purpose. Because as I have said before nothing said here will have ANY impact on the matters at hand.
I know many of you have urged us not to respond to these provocations and we try not to. But there are times, like this one, when we feel we must to ensure that you maintain your confidence in our ability to sanction and produce our events and corresponding television shows.
So, here is what Mr. Barrett neglected to tell you about the above so called court order:
1. The order was secured without any notice being given to us. In other words, Mr. Barett's principals went to the judge and argued their case without even telling us to avoid us being present to oppose them or present our facts.
2. They did this without ever even supplying us with a copy of the lawsuit they filed in New York. In short, we had no advance knowledge of any lawsuit or request for injunction until after the fact.
Do you always send the person your sueing advanced copies of your suit against them? The order states that you can prsent your case at a hearing June 13.
3. They failed to fully advise the NY judge that we had sued them for the same thing in Florida and that all of them had been served with our lawsuit and with our notice of hearing on our injunction motion, before they filed their NY lawsuit.
You sued them to have the August elections verified if they were true or not? And ask the court to verify if SEA-TAC was indeed ratified?
4. In fact, they never gave the NY judge a copy of our lawsuit, motions and supporting affidavits, so he could be adequately advised of the fact that a parallel action involving most of the same parties and issues had already been filed and accepted in the jurisdiction of another court.
5. We still have not been properly or legally served with the New York lawsuit, yet Mr. Barrett has it and apparently they have authorized him to disseminate it despite the order which also advises all parties to refrain from interfering with our License.
Your Law firm didn't get the fax on Friday and all the other parties didn't get their overnited copies fi you did this is what the motion says was proper notice. Once the motion is filed it becomes public record same as the suit you filed in Pinellas Co.
This injuction says you can run your category as the contract states but you can't say that you and your BOD are APBA until that hearing.
6. The court has no jurisdiction over us in any event, so this order will be challenged very aggressively.
The Court is NY State Supreme Court, APBA is a NY not-for profit corporation established in NY operating as an alien corp. in Mich.
APBA LLC is the only one operating in FL.
7. They secured the ex-parte injunction from the Judge on the basis of a number of blatant misrepresentations, misleading statements and material omissions of fact.
That is why it is a temporary injunction to allow you to present your case to him on June 13.
8. The theme of the New York Lawsuit is completely dissimilar to the petitioners’ previous statements and actions. Indeed, a close reading of their NY lawsuit demonstrates a total tactical retreat from the position they had been taking for the past four months.
No it's asking for the courts guidance in the issuse of who's in charge of APBA headquarters.
9. Moreover, the judge orders everyone to leave ALL licenses in place including ours which means that our License is NOT terminated, Fitts is NOT chairman, and they cannot do anything to interfere with us. Yet they neglected to tell the court that they have spent the past several months disparaging us, falsely claiming that we owe money, representing to the world that APBA has terminated our License and formed their own offshore category, and attempted to take our customers, racesites, sponsors and fans.
Yes you can operate the category as the contract states but you can't use the money you have collected on behalf of the APBA until this is settled
The bottom-line is that the petitioners secretely secured the ex-parte injunction order from the Judge through fraud. Virtually every claim, paragraph or statement contained in their lawsuit is contradicted by the petitioners’ own statements or documents, most of which they actually published to the membership either in the Propeller or on the official APBA website.
If you haven't recieved you notice how do you know what was included in the suit?
So, make no mistake, our response is coming and we will prevail, just as we ultimately will on the ultimate issues in our case.
As I said at the Driver's Meeting in Marathon, the matter is now in the hands of the courts and will be decided there. I will give you more updates in Savannah as well. In the meantime, we should all go back to boat racing. We have a great event planned for Savannah and we look forward to seeing everyone there.
Mike A.
See underlined text
Matthew
Last edited by Grin&Barrett; 06-03-2003 at 03:41 PM.
06-03-2003, 02:32 PM
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Mike,
Question. How can they obtain a hearing date without your representatives being advised or contacted first? Isn't it customary for counsel to agree on a date with the court for a hearing? I hope this is all settled soon enough. I surely do not know who is right or who is wrong. I do not and have not ever purported to know. However, it is my understanding that court documents, unless otherwise stipulated by a judge are a matter of public record for anyone to view. I do not think that Mr. Barret was doing anything more than simply posting court documents that are matters of public record. You will notice he has not attached any comments of his own. He simply posted what the courts have made public. In advanc eof any questions you may have, I do not know Mr. Barrett, I have never spoken to nor seen him, the only contact I have ever had with him is here on OSO. In terms of keeping things private and not "spoiling the flavor of offshore racing etc." I think that since the Offshore Members, racing and non-racing ultimately fund the entity you are heading, there is some need for these people to know what is going on. Remember, many of them have HUGE financial committments by way of equipment and otherwise and the future of the LLC is of great importance ot them both emotionally and monetarily.
Question. How can they obtain a hearing date without your representatives being advised or contacted first? Isn't it customary for counsel to agree on a date with the court for a hearing? I hope this is all settled soon enough. I surely do not know who is right or who is wrong. I do not and have not ever purported to know. However, it is my understanding that court documents, unless otherwise stipulated by a judge are a matter of public record for anyone to view. I do not think that Mr. Barret was doing anything more than simply posting court documents that are matters of public record. You will notice he has not attached any comments of his own. He simply posted what the courts have made public. In advanc eof any questions you may have, I do not know Mr. Barrett, I have never spoken to nor seen him, the only contact I have ever had with him is here on OSO. In terms of keeping things private and not "spoiling the flavor of offshore racing etc." I think that since the Offshore Members, racing and non-racing ultimately fund the entity you are heading, there is some need for these people to know what is going on. Remember, many of them have HUGE financial committments by way of equipment and otherwise and the future of the LLC is of great importance ot them both emotionally and monetarily.
Last edited by Shane; 06-03-2003 at 02:35 PM.
06-03-2003, 03:36 PM
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Grin did nothing more than post a public document so don't shoot the messenger.
Some things are very clear here:
1. Both sides have drawn lines in the sand, that are becoming better defined over time, by this and other threads.
2. The matter is in the hands of the court(s).
3. Accusations of mud slinging by either party at this point are moot and have nothing to do with the issues.
4. Free speech is a more fundamental and important right than any race sanctioning body's existence, events or business affairs.
Now, will you all join me in wishing for:
1. Safe and successful racing to all racers.
2. The honest and open resolution of this issue.
3. Some miracle that will prevent this from becoming a legal "He said , She Said"..... for one minute longer than is absolutely necessary.
4. An APBA labeled racing organization that can be financially sound, enjoyable to participate in, and have enough integrity to
stand on its word and deed.
None of the above is impossible.
T2x
Some things are very clear here:
1. Both sides have drawn lines in the sand, that are becoming better defined over time, by this and other threads.
2. The matter is in the hands of the court(s).
3. Accusations of mud slinging by either party at this point are moot and have nothing to do with the issues.
4. Free speech is a more fundamental and important right than any race sanctioning body's existence, events or business affairs.
Now, will you all join me in wishing for:
1. Safe and successful racing to all racers.
2. The honest and open resolution of this issue.
3. Some miracle that will prevent this from becoming a legal "He said , She Said"..... for one minute longer than is absolutely necessary.
4. An APBA labeled racing organization that can be financially sound, enjoyable to participate in, and have enough integrity to
stand on its word and deed.
None of the above is impossible.
T2x
