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Author Topic: TIGHAR Legal Defense Fund  (Read 618242 times)

Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #195 on: August 13, 2013, 09:16:26 PM »

To all who have expressed concern about my recent exchanges on this Forum with Tim Mellon, please be assured that I am working closely with our legal team. The recent revelations about conspiratorial discussions on Heath Smith's Amelia Earhart Forum are a serious matter and potentially devastating to Tim Mellon's lawsuit.  Tim maintains that they were all facetious. They don't look facetious to us but we want to be sure we have everything that was said and make it available so that everyone can judge for themselves.  Tim has said there are emails that prove his assertions but he has not produced them.  I will reach out to Heath Smith and ask him to voluntarily provide a full transcript of any correspondence or postings he has that bear on this issue.  If his forum members have nothing to hide or be ashamed of they should be eager to clear their name.

I have corresponded with Heath Smith.  He has not provided a full transcript of forum postings but he has been kind enough to share information which, he contends, proves that Tim Mellon intended his comments about a for-profit "tourist play" as a "spoof" to smoke out a suspected "spy" on Heath's forum. Heath sent me what appear to be screen shots of a private email and a Facebook message - in each case the sender's name has been blurred out (the term of art of these days is "redacted.")

The email was sent by an unidentified person to Tim Mellon at 12:40pm on June 1, 2013 subject "Re:ALERT!!!". The email appears to be a continuation of a conversation about the possibility that information was being leaked from the private forum.

"I would lean toward a spy rather than hacking.

How can we solve that?

The only thing I can think of is to do what spy agencies do...Plant bogus information, one at a time to different individulas and see what story pops up at the other side.

I am not sure how we could do that in the public forum."


It is not clear from what Heath sent whether the above represents a back and forth conversation or a single individual answering his own question.

At 04:17pm that same day, Mellon posted to Heath's forum under the topic : "Confidential..."

"If and when TIGHAR goes bankrupt, I am considering the formation of a for-profit company with the purpose of purchasing whatever rights and assets that estate might hold. I see a real opportunity to parlay Ric's incompetence into a profitable travel tour play.

 Two questions:

(1) If members here could invest, would there be any interest in doing so?

(2) Has anyone got a clever idea for a name?"


Some time later - Heath says it was the same day - an unidentified person sent what appears to be a Facebook message to Heath Smith saying,

"Look at Tim's new post.  I wish he wouldn't have put in the 'If and When TIGHAR goes bankrupt" but I guess that is a start. He wants me to save his email to me as proof that his comment was a spoof."

I asked Heath to send actual copies of the correspondence and he replied:

Ric,

I contacted one of the originators of the emails that made one of the statements and he said that it was not Ok to release the entire email that includes his name and private email address. I do not believe I have the right, especially under Michigan law, to forward private correspondence with without their permission.

Other than what I have already sent, I have no other information in private email or forum messages, not even a single sentence, that can add more to the proof that what Tim said was a spoof.

Heath


I'm grateful to Heath for sharing this information.  We want to be fair to Tim but this correspondence raises more questions than it answers.
• Why such concern about secrecy and leaks on what was acknowledged to be a "public forum"?
• This was two days before Tim filed his lawsuit. Was there a leak at that time? The Star Tribune article did not come out until over two months later.
• Tim apparently sent the originator of the Facebook message an email specifically designed to cover him if the "tourist play" posting was leaked.  Is that proof that it was a spoof?
• Although there were some facetious comments, it's certainly appears from the responses to Tim's proposed "tourist play" that, regardless of how he meant it,  several members of Heath's forum took him seriously.

I'm still hoping to get permission to share the verbatim content of those responses. 


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Irvine John Donald

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Re: TIGHAR Legal Defense Fund
« Reply #196 on: August 13, 2013, 09:57:56 PM »

Ric. Please note this post. #118 in this thread.  Mr. Mellon is suggesting he is putting himself last to recover damages. It suggests its not about the money. If not then what?  Ulterior motive?  Bankrupt TIGHAR?  Hmmm. Check the date of the post.

 
Quote
Perhaps we are just not seeing the overall reason for Mr. Mellon's lawsuit.  If he was a victim of fraud then weren't we all?  I hesitate to say this but should Mr. Mellon have brought a class action suit on behalf of all the other contributors?  Or did Mr. Mellon simply not think about anyone else?  Or not care?  Or couldn't rustle up the interest?  etc.

Actually, Irv, "class action" was my initial instinct, and putting myself at the end of the queue as far as any recovery.

But I was advised to hold off until the sentencing phase, as "too many attorneys spoil the broth."
Respectfully Submitted;

Irv
 
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Doug Giese

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Re: TIGHAR Legal Defense Fund
« Reply #197 on: August 13, 2013, 10:07:38 PM »

Ric,

I agree with Michael Elliot. No private information or opinions about the case should be shared publicly. This lawsuit isn't going to be won by information posted here, or in any public venue (such as opposing strategies posted to Facebook). The only thing you can do is provide ammunition to the opposition. I'd recommend closing this thread and dealing with Mr. Mellon in the courtroom. At any rate, take it offline.

------
Doug
 
« Last Edit: August 14, 2013, 06:41:37 AM by Doug Giese »
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Carolyn Hasenfratz

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Re: TIGHAR Legal Defense Fund
« Reply #198 on: August 14, 2013, 11:19:16 AM »

Is it possible for one party in a lawsuit to ask the judge for a mental health evaluation of the other party? It's starting to sound like that might explain a lot of things.
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James G. Stoveken

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Re: TIGHAR Legal Defense Fund
« Reply #199 on: August 14, 2013, 12:45:23 PM »

Now Carolyn.  I'm sure Ric's under a lot of stress but he's shown no signs of cracking.  He'll be fine!   :)
Jim Stoveken
 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #200 on: August 14, 2013, 01:20:02 PM »

The real question is - Does looking for Amelia you crazy or do only crazy people look for Amelia?
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Jim Doughty

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Re: TIGHAR Legal Defense Fund
« Reply #201 on: August 14, 2013, 01:53:52 PM »

When posting things online intersects with the real world of potential legal consequences, I think of this:
http://youtu.be/-vl9WfOdSkM

...of course, Ric, technically, you outrank us...

 :)

-Jim
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Scott Doudrick

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Re: TIGHAR Legal Defense Fund
« Reply #202 on: August 14, 2013, 03:56:49 PM »

I see a few other directions for this:
1) Aren't these types of things settled out of court a lot of times?  All that one would need is a reason to get on a judge's docket.  Then the game of chicken begins.  At some point the plaintiff settles for something less than the original demand, which incidentally was the original desire - you have to start negotiations above what you are willing to give...  I have not been around long enough to know what that might be.
2) There has been some reference to this, but not directly I think.  Could the litigation could just be drug on forever so that TIGHAR is paralyzed even if they never actually 'lose.'  Not sure how final a judgement like this is, or if it can be appealed forever?
3) Can the reason for the suit and secret forum be that someone thinks they can go there themselves if TIGHAR is paralyzed.  One could plan a trip out there in secret to explore.  For some that are not completely in on the story, a luxury tour exploration could seem just as plausible?
4) Finally, related to 3), when did this litigation come up relative to the discovery of the anomaly?
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Charlie Chisholm

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Re: TIGHAR Legal Defense Fund
« Reply #203 on: August 14, 2013, 08:05:00 PM »

At some point the plaintiff settles for something less than the original demand

Tighar should not offer a dime to settle this. If anything, Mellon should be made to pay all expenses incurred by Tighar in defending against this clearly frivolous lawsuit.

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Scott Doudrick

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Re: TIGHAR Legal Defense Fund
« Reply #204 on: August 14, 2013, 08:34:09 PM »

At some point the plaintiff settles for something less than the original demand

Tighar should not offer a dime to settle this. If anything, Mellon should be made to pay all expenses incurred by Tighar in defending against this clearly frivolous lawsuit.

I'm not saying anyone should pay anything.  I was wondering what the plaintiff might desire other than money?  I'm positing that the money issue was just used as a way to get into court so the game of chicken could begin.  I can't imagine the plaintiff actually needs the money - I understand in fact that he has said he would be last in line for any potential damages received.
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Stacy Galloway

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Re: TIGHAR Legal Defense Fund
« Reply #205 on: August 14, 2013, 09:03:40 PM »

At some point the plaintiff settles for something less than the original demand

Tighar should not offer a dime to settle this. If anything, Mellon should be made to pay all expenses incurred by Tighar in defending against this clearly frivolous lawsuit.

I'm not saying anyone should pay anything.  I was wondering what the plaintiff might desire other than money?  I'm positing that the money issue was just used as a way to get into court so the game of chicken could begin.  I can't imagine the plaintiff actually needs the money - I understand in fact that he has said he would be last in line for any potential damages received.

I agree. The plaintiff's main motive is not 'for the money'. I believe he was mad about his ideas being shut down and decided to sue to prove his point.

He has all the time (and loads of money) to let this fester in the court system.

He knows there was no discovery in 2010. If he's smart enough to cover his 'spoof' plot with an e-mail trail, then he's smart enough to know TIGHAR wouldn't find AE's plane and not announce it to the world.

This is a game of chicken- but he's going to be shocked when TIGHAR doesn't back down.

LTM~ Who's trying to keep her rants "G Rated",
Stacy
TIGHAR #4284R
 
« Last Edit: August 14, 2013, 09:05:19 PM by Stacy Galloway »
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Dan Swift

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Re: TIGHAR Legal Defense Fund
« Reply #206 on: August 14, 2013, 09:08:30 PM »

Right on Charlie! 
TIGHAR Member #4154
 
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Martin X. Moleski, SJ

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Re: TIGHAR Legal Defense Fund
« Reply #207 on: August 14, 2013, 09:13:45 PM »

I was wondering what the plaintiff might desire other than money?

He has indicated more than once that he is interested in the discovery phase of the court case.  If what he really wants is a duplicate of TIGHAR's research, any plausible litigation to make that happen via discovery will do.

Mellon has not hinted on this Forum why he wants to paw through TIGHAR's files.
LTM,

           Marty
           TIGHAR #2359A
 
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Tim Collins

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Re: TIGHAR Legal Defense Fund
« Reply #208 on: August 15, 2013, 06:38:47 AM »

Frankly, I think he just wants to be in charge.
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richie conroy

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Re: TIGHAR Legal Defense Fund
« Reply #209 on: August 15, 2013, 06:39:28 AM »

Wow what a turn of events

What ever will be next ?

Richie
We are an echo of the past


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