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Author Topic: TIGHAR Legal Defense Fund  (Read 575920 times)

Dan Swift

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Re: TIGHAR Legal Defense Fund
« Reply #720 on: August 26, 2014, 01:47:03 PM »

Not that it matters, but make it clear Mr. Mellon was banned for bringing too much political discussion to this forum...which Tighar is not to participate in...not for his filing of the appeal.  If that were the case, he would have been banned long ago. 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #721 on: August 26, 2014, 02:05:30 PM »

Not that it matters, but make it clear Mr. Mellon was banned for bringing too much political discussion to this forum...which Tighar is not to participate in...not for his filing of the appeal.  If that were the case, he would have been banned long ago.

To be clear, he hasn't filed an appeal, only a notice that he intends to appeal.  During the discovery phase of the lawsuit we allowed him to post to the Forum, in part, because he often posted stuff that we ended up using against him in court. He was his own worst enemy.  Discovery is now closed and the case has been decided.  No new evidence can be considered as part of an appeal so there is no longer any need to indulge him. We were willing to allow him to continue to participate nonetheless until he started flinging his political views around.
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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #722 on: August 26, 2014, 02:52:21 PM »

It may be quite a challenge to come up with a meaningful appeal - there will have to be a convincing enough argument that the judge erred to interest the next court.  That's no shoo in.

Hopefully the drama of this thing will fade away as that fails, the bills can be paid and the real purpose for being here can again be the focus... without so much attention to coral critters at that.
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Monty Fowler

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Re: TIGHAR Legal Defense Fund
« Reply #723 on: August 26, 2014, 06:09:14 PM »

There's a word for him, but my momma would smack me if I said it out loud, God rest her soul.

But, as I sometimes told her in my young and stupid days, I will still think it.

LTM, who still marvels at the depths of mankind at times like this,
Monty Fowler, TIGHAR No. 2189 ECSP
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« Last Edit: August 27, 2014, 09:29:16 AM by Monty Fowler »
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Greg Daspit

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Re: TIGHAR Legal Defense Fund
« Reply #724 on: August 26, 2014, 10:13:14 PM »

Not that it matters, but make it clear Mr. Mellon was banned for bringing too much political discussion to this forum...which Tighar is not to participate in...not for his filing of the appeal.  If that were the case, he would have been banned long ago.

To be clear, he hasn't filed an appeal, only a notice that he intends to appeal.  During the discovery phase of the lawsuit we allowed him to post to the Forum, in part, because he often posted stuff that we ended up using against him in court. He was his own worst enemy.  Discovery is now closed and the case has been decided.  No new evidence can be considered as part of an appeal so there is no longer any need to indulge him. We were willing to allow him to continue to participate nonetheless until he started flinging his political views around.
Now that Discovery is done, I would like to set the record straight on something related to that. A Forensic report was attached to a post by Mr. Mellon in another thread and then deleted. When I asked what happened to the attachment, Mr Mellon denied it was ever posted on the Forum. I believed Mr. Mellon posted it by mistake, so I gave him another opportunity to admit if that was the case. Instead he suggested I was the one in error. I just  wanted to set the record straight on that since I think it was a question of honesty on the Forum.
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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #725 on: August 27, 2014, 05:56:40 AM »

The whole chapter is just sad.  I hope this will play out quietly and we can all come to peace.

The best thing for us to do is focus on the search and look ahead - pay the bills that we must, not look back and not be bitter or bite back, just let it go and keep moving ahead.

Here's to positive thinking...
- Jeff Neville

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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #726 on: August 27, 2014, 06:53:33 AM »

A Forensic report was attached to a post by Mr. Mellon in another thread[/url] and then deleted. When I asked what happened to the attachment, Mr Mellon denied it was ever posted on the Forum.

Mellon's apparently accidental posting of an early version of his "experts' report" was a huge benefit to us.  It not only revealed the identity of his experts but it showed us that their methodology was deeply flawed.

But, as Jeff Neville says, let us not dwell on the past.  Tim Mellon's participation in the Amelia Earhart Search Forum and in TIGHAR's investigation of the Earhart disappearance are at an end. We have a huge legal bill to pay and he may yet force us to incur more costs but nothing will be served by vilifying him except to possibly prompt him to sue somebody for defamation.  His actions speak for themselves. A contribution to the Legal Defense Fund is a far more meaningful statement than anything that can be said here.
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Paul March

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Re: TIGHAR Legal Defense Fund
« Reply #727 on: August 27, 2014, 08:53:24 AM »


The best thing for us to do is focus on the search and look ahead - pay the bills that we must, not look back and not be bitter or bite back, just let it go and keep moving ahead.

Here's to positive thinking...
Well stated post Mr. Neville. Thank you  :)
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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #728 on: August 27, 2014, 08:59:45 AM »

A Forensic report was attached to a post by Mr. Mellon in another thread[/url] and then deleted. When I asked what happened to the attachment, Mr Mellon denied it was ever posted on the Forum.

Mellon's apparently accidental posting of an early version of his "experts' report" was a huge benefit to us.  It not only revealed the identity of his experts but it showed us that their methodology was deeply flawed.

But, as Jeff Neville says, let us not dwell on the past.  Tim Mellon's participation in the Amelia Earhart Search Forum and in TIGHAR's investigation of the Earhart disappearance are at an end. We have a huge legal bill to pay and he may yet force us to incur more costs but nothing will be served by vilifying him except to possibly prompt him to sue somebody for defamation.  His actions speak for themselves. A contribution to the Legal Defense Fund is a far more meaningful statement than anything that can be said here.

Amen to all that, Ric.

We need to consider too that one more reason for not 'going there' with Tim is that he can't speak here any further - we need to have enough sense of fairness as TIGHAR folk to move on and not dwell on things he can't even respond to here anyway.  It gains nothing and can only cause ill-will.  Whatever went is what went, done.

We should focus now on this expense, as it is and as it may come, as a piece of business to contend with and let the personal feelings go.  Let the board and experts deal with the engagement, such as it is or may be.  Individual commenters need to respect themselves enough to not wade into the fray and just leave Tim alone. 

Litigation, for whatever reason, is always a business risk - an organization is better served by addressing it that way and working to reduce risk - which we can best do just as you have suggested.

Peace.
- Jeff Neville

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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #729 on: August 27, 2014, 09:01:50 AM »


The best thing for us to do is focus on the search and look ahead - pay the bills that we must, not look back and not be bitter or bite back, just let it go and keep moving ahead.

Here's to positive thinking...
Well stated post Mr. Neville. Thank you  :)

Thanks, Paul, you are very kind - and of great spirit to help us do just that.  :)
- Jeff Neville

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Steve Schlutt

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Re: TIGHAR Legal Defense Fund
« Reply #730 on: August 27, 2014, 09:17:31 AM »

Perhaps a reminder...   it's likely that Mr. Mellon may be able to monitor this site and these exchanges, either via a confidante or using a pseudonym personna or identification.  It's best that any comments regarding him not be inflammatory or incendiary.  In fact, the fewer comments, the better.  In the long run, he doesn't really matter much, except for what can be learned about the process regarding donor expectations.   
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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #731 on: August 27, 2014, 09:44:28 AM »

Good points and as a matter of fact I'm sure he, like any of us, can look on as a guest.

So, self-preservation ought to be in the mind of any would-be detractors; at a higher plane I simply encourage all to behave with good manners and refrain from the negative and just look and work forward.

I will always appreciate the good Tim did.  His contribution to the 2012 expedition was very generous. I prefer to recall that and deal with other things as mere business, personally.
- Jeff Neville

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« Last Edit: August 27, 2014, 09:46:27 AM by Jeffrey Neville »
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Greg Daspit

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Re: TIGHAR Legal Defense Fund
« Reply #732 on: August 27, 2014, 10:45:50 AM »

Ric,
Thank you for setting the record straight that the report was in fact posted on the Forum. At some point, it seemed to me that the report was something Mr. Mellon did not want seen, but I had seen it on the Forum, and because I did, possible legal issues were a concern to me.  When it was suggested by Mr. Mellon that I had seen the report somewhere else, it could imply something nefarious on my part even if there was no such intent in the suggestion. I was also worried that I was being set up for a claim that I hacked into a computer to get the report. I did not know what was exactly going on and it was a concern for me until the record was set straight that the report was posted on the Forum.

Jeff, Ric and Forum members,
Concerning moving on. This was an odd situation where I felt I could not ask for the record to be set straight, or defend myself if you will, until after Discovery was done. I thought it was fair, to both parties, to wait.  I had hoped I would be given the chance to ask that the record be set straight eventually and thank you for this opportunity now.
  I also am wary of possible defamation lawsuits.  There was a “Nice try” comment by Mr. Mellon in the other thread I linked concerning the report I saw that really scared me.  That I don’t want to get sued seemed like a good reason for me to have this issue set straight.   Now having done so, I agree we should move forward, and I will.
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #733 on: August 27, 2014, 11:22:56 AM »

Thank you for setting the record straight that the report was in fact posted on the Forum.

No worries Greg.  You weren't the only one who saw it posted to the Forum and downloaded it before it was removed.  All thoroughly documented.
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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #734 on: August 27, 2014, 11:34:01 AM »

As Ric said...

And who knows - consider in abstract, perhaps someone could post something with an inadvertant attachment, then delete it for some reason - all the while never realizing they had accidentally attached a particuar document.  Benefit of doubt, if you will.

Peace.
- Jeff Neville

Former Member 3074R
 
« Last Edit: August 27, 2014, 11:52:28 AM by Jeffrey Neville »
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