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Author Topic: TIGHAR Legal Defense Fund  (Read 617480 times)

Monty Fowler

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Re: TIGHAR Legal Defense Fund
« Reply #465 on: October 17, 2013, 05:56:21 PM »

It almost sounds like you have to be rich to be able to defend yourself in this great country of ours.  Say it ain't true!

Unfortunately that is often the case. I saw a lot of that when I covered the criminal courts in another life. Those criminals who had the best defense that money could buy frequently got off with a slap on the wrist; those who depended on the state to defend them, well ... usually got the full measure of "justice" unless the prosecutor felt like plea-bargaining a deal with the defendant.

Civil trials, as is the issue here, are very much a mixed bag, but money does have a noticeable impact in what issues are pursued, and to what degree. Truth is the ultimate defense, and that is TIGHAR's path, but unfortunately that is not always the cheapest path.

Which is why I do what I can, when I can financially, for TIGHAR.

LTM,
Monty Fowler, TIGHAR No. 2189 CER
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Tim Collins

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Re: TIGHAR Legal Defense Fund
« Reply #466 on: November 07, 2013, 06:46:08 AM »

Ric -

So where do things stand - what's the time frame going forward?

With plans underway for the next trip to Niku, I was just curious how things lined up calendar wise (among other aspects as well).
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #467 on: November 07, 2013, 07:57:24 AM »

So where do things stand - what's the time frame going forward?

Mellon's attorneys recently asked the court to reconsider dismissing the RICO (racketeering) count "with prejudice" (meaning that accusation cannot be re-filed).  They argue that, although they have no evidence of racketeering now, if evidence turns up during discovery they should be able to re-awaken that part of the lawsuit.  We have replied pointing out that nothing has changed since the judge made his ruling so there is no reason for him to alter his order.  We await the court's decision.

The discovery process has begun.  Mellon's attorneys have submitted initial Interrogatories (that's lawyer-speak for Questions. Never use 2 syllables when you can use 6) - for example, "Name any and all individuals that TIGHAR requested to review underwater footage from the 2010 expedition."; Requests for Document Production - for example, "Please produce any and all writings evidencing analysis of the underwater footage or photographs from the 2010 Niku VI expedition.; and Requests for Admissions - for example, "Please admit that Defendants represented to Mr. Mellon that the Earhart wreckage had not been found."  I must provide all this by December 1. 
We will be submitting our own discovery requests shortly.

Each side will have to disclose whatever experts they plan to call on to support their case.  Mellon has to disclose the names and qualifications of his experts by February 28, 2014.  We have to disclose the names and qualifications of our experts by March 28, 2014.
Discovery cutoff for both sides is April 30, 2014
A Dispositive Motion Hearing is set for July 17, 2014
A Final Pretrial Conference is scheduled for August 7, 2014
The trial, if there is one, is scheduled for six days beginning August 25, 2014

To date, we have incurred $22,000 in legal costs of which $17,000 has been paid.  Our costs would be at least double that were it not for the pro bono work by TIGHAR attorney, board member, and expedition veteran Bill Carter.  Please donate to the Legal Defense Fund. We're getting a real bargain so the dollars you donate are basically doubled.

I'll post more legal documents on the TIGHAR website after I've checked to make sure it's okay.

« Last Edit: November 07, 2013, 07:59:37 AM by Ric Gillespie »
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Greg Daspit

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Re: TIGHAR Legal Defense Fund
« Reply #468 on: November 07, 2013, 08:57:37 AM »

So where do things stand - what's the time frame going forward?
A Dispositive Motion Hearing is set for July 17, 2014
A Final Pretrial Conference is scheduled for August 7, 2014
The trial, if there is one, is scheduled for six days beginning August 25, 2014

The possible trial conflicts with the Niku XIII mid-August to mid-September 2014 schedule. What happens to Niku VIII if there is a trial? How does all of this disturb plans?
3971R
 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #469 on: November 07, 2013, 09:15:35 AM »

The possible trial conflicts with the Niku XIII mid-August to mid-September 2014 schedule. What happens to Niku VIII if there is a trial? How does all of this disturb plans?

We'll just schedule the expedition departure for after the trial date.  Mid-September to mid-October is still within our weather window and it gives us a little more time to raise money.

And BTW, it's Niku VIII.  Niku XIII is scheduled for 2024. :o
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Mark Appel

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Re: TIGHAR Legal Defense Fund
« Reply #470 on: November 07, 2013, 11:05:13 AM »


"The discovery process has begun...
Discovery cutoff for both sides is April 30, 2014
A Dispositive Motion Hearing is set for July 17, 2014
A Final Pretrial Conference is scheduled for August 7, 2014
The trial, if there is one, is scheduled for six days beginning August 25, 2014..."

This is such a horrific, mind-numbing, waste of time and resources. Obviously necessary but profoundly regrettable. To quote my grandfather... "What the hell is the matter with people?"

Best of luck to you Ric (and all TIGHAR members).
"Credibility is Everything"
 
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Monty Fowler

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Re: TIGHAR Legal Defense Fund
« Reply #471 on: November 07, 2013, 11:20:32 AM »


This is such a horrific, mind-numbing, waste of time and resources.

Unfortunately, this is what American civil law has degenerated into - a brutal slugging match in which the weapons of choice are piles of paper, endlessly repetitive requests and only one clear goal - outlast the other guy before he can bury you in a mound of paper. It has little to do with what is right or fair, and almost nothing to do with justice. I have had the great misfortune to see this process in action, up close and personal. Someday the nightmares may fade away to a tolerable level  ;D

LTM, who knows when he "can't handle the truth,"
Monty Fowler, TIGHAR No. 2189 CER
Ex-TIGHAR member No. 2189 E C R SP, 1998-2016
 
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JNev

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Re: TIGHAR Legal Defense Fund
« Reply #472 on: November 10, 2013, 12:13:15 PM »

The possible trial conflicts with the Niku XIII mid-August to mid-September 2014 schedule. What happens to Niku VIII if there is a trial? How does all of this disturb plans?

We'll just schedule the expedition departure for after the trial date.  Mid-September to mid-October is still within our weather window and it gives us a little more time to raise money.

And BTW, it's Niku VIII.  Niku XIII is scheduled for 2024. :o

Good gosh Ric...  :P
- Jeff Neville

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Harry Howe, Jr.

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Re: TIGHAR Legal Defense Fund
« Reply #473 on: November 10, 2013, 01:21:03 PM »

 :D'Kill the Lawyers,' A Line Misinterpreted
Published: June 17, 1990

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In reference to the review of ''Guilty Conscience,'' (May 20) Leah D. Frank is inaccurate when she states that when Shakespeare had one of his characters state ''Let's kill all the lawyers,'' it was the corrupt, unethical lawyers he was referring to. Shakespeare's exact line ''The first thing we do, let's kill all the lawyers,'' was stated by Dick the Butcher in ''Henry VI,'' Part II, act IV, Scene II, Line 73. Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law and order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society.

Regardless of his intent, Shakespeare was right.   First, let;s kill all the Lawyers.  That would be a good start!
No Worries Mates
LTM   Harry (TIGHAR #3244R)
 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #474 on: November 10, 2013, 04:22:16 PM »

IMO it's not the lawyers who are at fault.  They're just the craftsmen hired to do the work.  A good lawyer can argue either side of a question.  Law school gives then training, not education.  18th-century Irish politician and philosopher Edmund Burke supposedly said, "The study of law sharpens the mind by narrowing it."  Tim Mellon's lawyers are not his friends, they are his employees. They didn't put him up to this.  They just bill him for the hours.

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richie conroy

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Re: TIGHAR Legal Defense Fund
« Reply #475 on: November 10, 2013, 06:58:54 PM »

2010 review - Jeff Glickman

2012 review - Jeff Glickman

2014 review - ?

Richie 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #476 on: November 10, 2013, 07:18:40 PM »

2010 review - Jeff Glickman

2012 review - Jeff Glickman

2014 review - ?

If a 2014 review is needed we'll use the best there is - Jeff Glickman.
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richie conroy

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Re: TIGHAR Legal Defense Fund
« Reply #477 on: November 10, 2013, 07:45:30 PM »

Yup doubt we will need it, But then there is 2 sides to a coin, 2 sides to a question.

If the bird is there "Did she land their" or "float their",  ;D

Roll on 2014   
We are an echo of the past


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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #478 on: November 10, 2013, 08:09:17 PM »

If the bird is there "Did she land their" or "float their",  ;D

You forgot, "or did the Japanese plant it there?"   Or better yet "Did TIGHAR find it somewhere else and plant it there."  (Hell, we've already been accused of finding it and keeping it secret.)  If we find it you can bet there will be no shortage of dumb explanations and accusations.
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richie conroy

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Re: TIGHAR Legal Defense Fund
« Reply #479 on: November 10, 2013, 11:06:32 PM »

Haha Ric

Thats the problem with todays technology everyone has an opinion, hypothesis, theroy.  which i welcome, However if Tighar's work was viewable in 1937 I believe Tighar and Amelia Earhart would be mentioned in same sentence\paragragh...

As for lawsuit just another hurdle to over come but Tighar will triumph
We are an echo of the past


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