TIGHAR Legal Defense Fund

[Monty Fowler]

The court has handed Mellon another defeat.

A little early holiday cheer for TIGHAR. Here's hoping that the rest of this "stuff" goes away in an expeditious manner.

LTM, who thinks VIII will be the one,
Monty Fowler, TIGHAR No. 2189 CER

[Lauren Palmer]

Yes, Merry Christmas to everyone. That was good news.

Just think of the money that could have gone to the next expedition ...

[Dan Swift]

Excellent!! 
Let's get this distraction behind us! 

[Tim Mellon]

The court has handed Mellon another defeat.

Well, no...

The judge has now refused that motion, essentially saying, "No, I meant what I said. I don't want to hear anything about racketeering or the 2012 expedition."

Careful translating a judges order, Ric. Below is what he actually said.

[Ric Gillespie]

The court has handed Mellon another defeat.

Well, no...

The motion was denied. That's a defeat.

Careful translating a judges order, Ric.

We'll see.

[Tim Mellon]

The court has handed Mellon another defeat.

Well, no...

The motion was denied. That's a defeat.

Simplistic analysis. Did you have legal training? Perhaps a refresher course would be in order.

Careful translating a judges order, Ric.

We'll see.

Yup.

[Chuck Lynch]

Why is he not banned from this site? Geez.

[Tim Mellon]

In particular:
"Avoid ad hominem remarks: insults, stereotyping, sarcasm, or ridicule.  If you have nothing objective to say, don't say it.  Please pass over the character defects of other posters in silence.  Deal with the substance of an opponent's position, not with the moral shortcomings, character defects, or motives of the other person.  "Even a blind pig finds the occasional acorn."  What matters is the objective content of a claim being made, not the claimant's qualities of character."

Mr. Mellon has chosen to remain active on this Forum.  Feel free to ask him questions but, of course, it his prerogative whether to answer.

Mr. Lynch, please review the top of this thread.

[Monty Fowler]

It appears to me that, to date, the judge has ruled on the merits of this "case" in a way that consistently favors TIGHAR.

But I'm just applying the "reasonable person" test.

LTM,
Monty Fowler, TIGHAR No. 2189 CER

[Monty Fowler]

And on another note, with the new year, what is the status of the Legal Defense Fund war chest? I suspect it's in need of shoring up?

LTM, who tries to back the winners,
Monty Fowler, TIGHAR No. 2189 CER

[Ric Gillespie]

And on another note, with the new year, what is the status of the Legal Defense Fund war chest? I suspect it's in need of shoring up?

We currently owe about $10,000 but the legal work continues and the balance grows.  Each side has now responded to the other's Initial Interrogatories, Requests for Admissions and Requests for Document Production.  Jeff Glickman has responded to Mellon's subpoena which asked for all of his communications with TIGHAR - a truly awesome volume of data which, under Wyoming law, Mr. Mellon has to pay Mr. Glickman to assemble and ship.
The next step is depositions.  Scheduling now under discussion.

[Monty Fowler]

*sigh* ... I wonder how much bottom time $10,000 would buy for the HURL subs? *reaches for checkbook*

Just don't schedule the depositions for winter. It can get a tad chilly in Wyoming.

LTM, who thinks 2014 will be THE year,
Monty Fowler, TIGHAR No. 2189 CER

[JNev]

The court has handed Mellon another defeat.

Well, no...

The motion was denied. That's a defeat.

Simplistic analysis. Did you have legal training? Perhaps a refresher course would be in order.

Careful translating a judges order, Ric.

We'll see.

Yup.

Been away for a while - now see I haven't missed much.

I read it, carefully.  With all due respect, Tim, it is clear that so far the plaintiff remains short of bringing anything the court can deem worthy of consideration of RICO and still won't entertain that claim as things continue to stand.

If I'm counting right that means this was the second failed attempt to bring RICO against Ric and TIGHAR (strike one was the original charge, strike two being the motion to dismiss the dismissal).  I'm sure it's not my place to lean into another's business, but if my attorneys were taking me down a path like that I think I'd consider stopping the meter, or at least ask myself just what it was I was asking them to do... MHO, of course.

Anyway, Happy New Year to all.  I do hate to see it bogged down with depositions and all, but Santa doesn't always bring what one might want I suppose.  Agree with TIGHAR, or disagree - sharply at that if one must - but this?  Looks like a long paper chase with a soggy ending, and none too soon unfortunately.

[Monty Fowler]

Looks like a long paper chase with a soggy ending, and none too soon unfortunately.

That is, unfortunately, the nature of most civil litigation in this country - kind of a Last Man Standing mentality. And "depositions" is a fancy-sounding 25-cent word for a fishing expedition, which can often enter Byzantine levels of either complexity, nonsense, or both at once.

I for one am still hoping that common sense will prevail before this entire thing gets even sillier than it already has.

LTM, who despises depos,
Monty Fowler, TIGHAR No. 2189 CER

[Greg Daspit]

See Vexatious litigation
"Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action."