Advent Talk

Issues & Concerns Category => 3ABN => Topic started by: Cindy on April 14, 2009, 03:48:39 AM

Title: Defendant's Motion to Impose Costs is DENIED
Post by: Cindy on April 14, 2009, 03:48:39 AM
This is just a head's up to let all know that Judge Saylor issued his order yesterday. You can go to the other forum to read the posts and the uploaded document if you wish.

Or-- As it is against the rules here for me to name that forum or link to it in a post here, and I haven't been able to upload documents here for quite some time, perhaps you might ask Pickle to upload it on his website so a link to the document can be provided here for those wishing to read the facts for themselves, or someone else could upload it here??  :dunno:

Have a good day all



..ian


edit: corrected typo in post title


EDIT NOTE:  Edited to remove miniscule type size from edit note.  Ian, it is not necessary for you to make your reasons for editing so small that they are difficult to read.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Cindy on April 14, 2009, 04:16:46 AM
In addition, as I just noticed that the Appellee brief filed by 3abn on March 27 has not been provided on Pickles's 3abnvjoy website yet either...

It is also available in the Pacer subforum of the other forum for those wishing to read it.

The topic title is "U.S. Court of Appeals Case"
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Stan on April 14, 2009, 05:51:13 AM
Now I am curious, and am wondering what 3ABN had offered Pickle to settle for before the last hearing.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Bob Pickle on April 14, 2009, 07:53:12 AM
Only got one offer to settle, and it was verbal only on October 17, 2008. During that conversation Simpson explicitly said that he would not file a motion to dismiss, which he did anyway on October 23.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Cindy on April 14, 2009, 08:20:21 AM
Only got one offer to settle, and it was verbal only on October 17, 2008. During that conversation Simpson explicitly said that he would not file a motion to dismiss, which he did anyway on October 23.

First, of course you didn't explain what the terms and conditions were as asked...

Second, If your claim is true and you were interested in settling that would seem to explain that statement.

If on the otherhand, as he testified, you and Joy weren't interested in settling things ( even though you repetitively posted asking us to all intercede and get DS an 3abn to drop the "ungodly" and "frivolous" lawsuit), and just kept moving ahead with that lawsuit, that would have changed things after that imo...

This has already been quoted here once. I know I read it. Was there something about it you didn't understand? It seemed very plain to me....

Quote
MR. PICKLE: And, your Honor, this is Bob Pickle
again.

Attorney Simpson told me on Friday, the 17th -- well,
he called me up and made a settlement proposal, and one thing
he said was that if we didn't agree, you know, to settle, that
one thing that the plaintiffs could do is to file a motion to
dismiss, and it would be just kind of automatic, and there
wouldn't be anything further we could do about it. So, I point
blank asked him, Are you going to file a -- a motion to
dismiss? And he told me no. And then six days later, he went
ahead and filed it, and it just took us by surprise.
In our opinion, he didn't follow -- and he never
talked to Mr. Joy about it at all. In our opinion, he did not
comply with local Rule 7.1.



MR. SIMPSON: May I address that, your Honor?
THE COURT: Very -- very briefly, yes.
MR. SIMPSON: Just, it's a certain Alice in Wonderland
quality to this whole litigation and hearing my conversations
with Mr. Pickle translated back to you, your Honor, that's not
at all what the conversation was like.

  I read the rule to Mr. Pickle, Rule 41, including the
terms and conditions, and we discussed whether there was any
possible -- possible basis on which they would agree to the
dismissal of the lawsuit. He said that he would speak with Mr.
Joy over the weekend, get back to me on Monday, if there was an
interest; and he didn't get back to me and continued to move
forward with the lawsuit.

THE COURT: All right. All right.
MR. SIMPSON: So that's -- that's all I want to say.
THE COURT: Okay. I've heard enough. My order will
issue.

Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Bob Pickle on April 14, 2009, 08:30:38 AM
Cindy,

What about the matter don't you understand? Feel free to ask questions if you truly need a point clarified.

Notice that Simpson never denied telling me that he said he wouldn't file a motion to dismiss. And the context of his telling me that was if we didn't agree to the terms he was proposing.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: anyman on April 14, 2009, 09:28:38 AM
Well, I wonder, has there ever been an individual who changed their mind? How about over the course of six day?

Possible scenario: On the day that the phone call Robert keeps alluding to occured, there was no plan to file a voluntary motion to dismiss. However, as a result of the failure to respond by Gailon Joy and Robert Pickle, the plaintiffs and their attorney changed strategy and six days later filed the motion to voluntarily dismiss. Thus,  Robert's continued insinuations and claims that Atty. Simpson lied to him are foundationless liable.

- anyman

Cindy,

What about the matter don't you understand? Feel free to ask questions if you truly need a point clarified.

Notice that Simpson never denied telling me that he said he wouldn't file a motion to dismiss. And the context of his telling me that was if we didn't agree to the terms he was proposing.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: anyman on April 14, 2009, 09:58:09 AM
Let us take a closer look at the exchange on the record and Roberts commentary:

Simpson: "... that's not at all what the conversation was like."

Pickle's commentary: "Notice that Simpson never denied telling me that he said he wouldn't file a motion to dismiss? And the context of his telling me that was if we didn't agree to the terms he was proposing."

Simpson: "I read the rule to Mr. Pickle, Rule 41, including the terms and conditions, and we discussed whether there was any possible - - possible basis on which they would agree to the dismissal of the lawsuit. He said he would speak with Mr. Joy over the weekend, get back to me on Monday, if there was an interest; and he didn't get back to me and continued to move forward with the lawsuit."

Notice that Robert never denied the truthfulness of Atty. Simpson's statement to Judge Saylor, "... That's not at all what the conversation was like."

Notice that Robert never denied telling Atty. Simpson he would discuss the matter with Gailon Joy over the weekend to see if there was an interest in settling and Robert does not deny faili g to get back to Atty. Simpson with an answer on Monday.

- anyman
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Cindy on April 14, 2009, 09:58:51 AM
Well, I wonder, has there ever been an individual who changed their mind? How about over the course of six day?

Possible scenario: On the day that the phone call Robert keeps alluding to occured, there was no plan to file a voluntary motion to dismiss. However, as a result of the failure to respond by Gailon Joy and Robert Pickle, the plaintiffs and their attorney changed strategy and six days later filed the motion to voluntarily dismiss. Thus,  Robert's continued insinuations and claims that Atty. Simpson lied to him are foundationless liable.

- anyman

Smile. That's how I see it. 3abn first tried to settle with Pickle and Joy as that is the right thing to do.

Then when Pickle and Joy demonstrated they didn't want to do that and weren't interested in doing so. (both by their failure to reply on Monday or for days after that, and by their actions in proceeding with the lawsuit) 3abn, via their attorneys, had to change their strategy and filed the motion to dismiss.

That seems very understandable and reasonable to me, but I wonder how many posting here ( including Robert Pickle) will ever consider, much less admit, that?
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: GRAT on April 14, 2009, 02:50:06 PM
"as that is the right thing to do.' Quote from Ian.   The right thing to do would have been for 3abm not to sue their brothers in the first place!!!!!!
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Daryl Fawcett on April 14, 2009, 03:09:06 PM
Here is the document that Ian was posting about here.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Bob Pickle on April 14, 2009, 06:38:54 PM
anyman,

I have never been able to recall Simpson reading me Rule 41.

I do recall him saying that if we didn't agree with their terms, they could just file a motion to dismiss, and there wouldn't be anything we could do about it.

Whether I told him that I would definitely get back to him on Monday, I do not recall. But I do know that he told me that he would separately confer with Gailon, and it was only after I told him that I would talk it all over with Gailon that he asked me to talk with Gailon instead of him doing it himself.

Ian,

3ABN and Danny via Simpson never really got serious about settling. I specifically spoke with Simpson about the necessity of a settlement being based on biblical principles, but Simpson wasn't interested.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Bob Pickle on April 14, 2009, 06:46:37 PM
So, did Simpson simply change his mind? No.

Simpson told me on Oct. 17 that he wouldn't file a motion to dismiss. On Oct. 22 Simpson told the court in southern Illinois about the next production of documents, which was due Oct. 27.

However, by the end of Oct. 23, Simpson said that he wouldn't be producing a thing on the 27th since he had filed his motion to dismiss.

Did Simpson know that during the hearing on the 22nd? Yes. Thompson's affidavit filed with the motion to dismiss is dated the 22nd, and it says that the board ordered the attorneys to dismiss the case the week of Oct. 12.

Therefore, not only was Simpson not a man of his word by breaking his promise of Oct. 17, but he also misled the court in southern Illinois by leading the court (and us) to think that he was planning on responding to my requests to produce on Oct. 27.

There are other examples. Simpson told me that the scope of discovery issue had pretty much been resolved, but he led the court in southern Illinois to think otherwise. Simpson told me that he had a mind to pretty much let us have the auditor's records, but you would never have known that by looking at the transcript from southern Illinois.

Looking back at it all, I think Simpson was trying to act real friendly, leading me on, till he could pull a fast one on me.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Murcielago on April 14, 2009, 11:23:30 PM
Looking back at it all, I think Simpson was trying to act real friendly, leading me on, till he could pull a fast one on me.

Lol! Bob, if you thought you could trust the word of any lawyer under any condition, you are just blonde. Whether they work for 3ABN or anyone else, lawyers are liars. That is a fact of life everyone knows and COUNTS on. Simpson, et al, will lie like an other liar would to make a case.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: tinka on April 15, 2009, 04:29:45 AM
Looking back at it all, I think Simpson was trying to act real friendly, leading me on, till he could pull a fast one on me.

Lol! Bob, if you thought you could trust the word of any lawyer under any condition, you are just blonde. Whether they work for 3ABN or anyone else, lawyers are liars. That is a fact of life everyone knows and COUNTS on. Simpson, et al, will lie like an other liar would to make a case.

Bob,
George is exactly right about winning with the biggest lies and spin. That is why we did a web site on our own case  as the only way to take one of the most valuable properties in the state was the same trickery. Everything in our case was a lie even from Sec of State. It was proven to the gov office value 44M plus.  I think Bob, if nothing else the sure proof of who is on the right side of things is not DS. He hired the Ill. crooks and it is obvious he will be paying much more then pew money in the end.  The top culprit in our case came from Ill. too. As you know, the first partners we had to cause us other involvement paid dearly from their deceivement to us. This injustice will only have the look of horror for the deceiver. This injustice is so bad that I am sure that our Lord says this one is mine to handle.  Just think how every cover up took money to the lawyers he hired to get the best spin. This alone proves the side of DS.  Corruption!!!  Only when your honest, can you be deceived --as an honest person's mind is not on how to deceive others. We can vouch for that. We have been deceived out of everything!

Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Bob Pickle on April 15, 2009, 06:08:07 AM
So could I be sued for defamation per se if I accused a lawyer of being honest?

If you are right that all lawyers lie, then according to Rev. 21:8, 27 and 22:15, no lawyer will go to heaven.

I think lawyers need to think about that. If they lie and refuse to repent for doing so, they will end up in the lake of fire and roast awhile, according to Rev. 21:8.

Rev. 21:8 says, "all liars shall have their part in the lake which burneth with fire and brimstone: which is the second death." It doesn't say most liars or some liars. It says all liars.

Maybe Danny and Shelley can add a chapter to their 10 Commandment book on this and then promote it being sent to lawyers. I would be tempted to financially support such a project ... if Danny stops trying to hide his assets and income from his divorce-related proceedings, and apologizes for lying on his July 2006 financial affidavit.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: tinka on April 15, 2009, 08:52:25 AM
Bob,
You know Jesus warned the Lawyers and Preachers the most. It will be like the rich man going through the eye of a needle. They better get all they can while on this earth as "That is all they will get". It is true that God loves the sinner but lets them have all on this earth they can get. They will not have any of the next!! I sort of apply that scenario to the ones that claim they are a 100 years old and smoked and had drank all their life.  I know that God still loved them and let them have on this earth all..with seemingly no problems  HE knows they did not chose him in all things. There is no way out of this unless complete repentance and compensation. That is when it becomes too big and over the line just like the story of the rich man. He preferred his riches.  There may be very low bank accounts, but you know, just another episode, ploy, or cover up. Too much has happened to believe any different.

 Look on our web site where we prove the lies of the attorney and name him and his firm and the lies over and over again. We put the documents up and not a thing they can do about it.  It shows the tricks and lies from the biggest law firm supposedly in the world. It took a big one to take us down.  We do not flinch with the truth on our side. It has spread to 20 countries and almost all states of the US. and on the stats we see them on it. It gives a just a little satisfaction to see law firms, judges, law Universities and and justice organizations, news media in London and etc. etc. etc.  looking hour after hour of the documents and individuals in organizations looking at the corruption. Every where they turn a link is brought to our web site. 

Corrupt Adventist from the beginning as partners, us hiding the embarrassment for us and the church, instead of standing up against the corruption we paid the price trying to salvage what they did to us. Who knows you may know who they are and likewise have a whole lying story to protect what they did. Those documents we have never shown against them, hoping God would bless for covering. It did not work that way. They totaled our life from the beginning, our children left the church as they witnessed all. We did what we could to recover and then our web starts from there. Would the church help us now??no We even had letter from GC to sue them. We even contacted Adventist Attorney, hoping he would be honest to no avail. We should have. Would any Adventist help us..no!! we had every reason not ever to set foot back into that church except for one thing. The truth is there but have witnessed much corruption. That is why I have believed EGW as she has known that all truth was given to a special people and much would fall. No not even our fate has made us unbelieve truth that has been shed on us. Too bad that we are filtrated so heavy and of course what else would you expect the Devil to do to Adventism. So here we are until the wheat and tares will soon be separated. IF we would not been involved with Adventist this would never have happened to us. We turned down another very respectable partner after contracts were ready to sign when we ran into a situation that was supposed to help the church and school and in 12 hours  went with deceived corruption. SDA and do not tell me there is not more out there just like it. In fact I am sure Satan has his disciples there the most. Why not. This is where truth is!!! I probably have said too much but although we cannot do anything for justice either at least a voice is heard and hopefully some in the valley of hiding, or covering can just look at the word "extravaganza" and how it applies.


Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Sam on April 15, 2009, 11:23:06 AM
So could I be sued for defamation per se if I accused a lawyer of being honest?

If you are right that all lawyers lie, then according to Rev. 21:8, 27 and 22:15, no lawyer will go to heaven.

I think lawyers need to think about that. If they lie and refuse to repent for doing so, they will end up in the lake of fire and roast awhile, according to Rev. 21:8.

Rev. 21:8 says, "all liars shall have their part in the lake which burneth with fire and brimstone: which is the second death." It doesn't say most liars or some liars. It says all liars.

Maybe Danny and Shelley can add a chapter to their 10 Commandment book on this and then promote it being sent to lawyers. I would be tempted to financially support such a project  ... if Danny stops trying to hide his assets and income from his divorce-related proceedings, and apologizes for lying on his July 2006 financial affidavit.
quote



Financially support?  Bob according to everything we have seen with pacer documents and so on, you have nothing financial to support with.  Or, wait, are you hiding your assets Bob? Have you not been honest with the court?   On that subject what did happen to the funds from the "support Pickle/Joy fund"?  Several times you said you would make all the records public so people could see where every donated penny went but so far I haven't seen any of those records.  Also in reading your submitted expenses on the court docs, you didn't show where any Pickle/Joy funding monies had been applied to anything.  Were you trying to "double bill" through the courts?  In other words using your funding money to pay a particular court cost but then submitting that cost in your failed attempt to extort money from 3abn? 


edited for formatting, content not altered.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Bob Pickle on April 15, 2009, 03:01:27 PM
Sam,

Tone it down, and maybe I will reply. For Jesus did say not to cast your pearls before swine.

"failed attempt to extort money from 3abn"? That's highly offensive, uncalled for, and a lie.

So tone it down, be civil, and then we can talk.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: ex3abnemployee on April 15, 2009, 07:23:35 PM
Sam,

Tone it down, and maybe I will reply. For Jesus did say not to cast your pearls before swine.

"failed attempt to extort money from 3abn"? That's highly offensive, uncalled for, and a lie.

So tone it down, be civil, and then we can talk.
Sam tone it down and be civil? Thanks for the chuckle.
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Snoopy on April 15, 2009, 08:05:49 PM
Sam,

Tone it down, and maybe I will reply. For Jesus did say not to cast your pearls before swine.

"failed attempt to extort money from 3abn"? That's highly offensive, uncalled for, and a lie.

So tone it down, be civil, and then we can talk.


ADMIN HAT ON

I agree.  Sam, you need to watch yourself.

ADMIN HAT OFF
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Gailon Arthur Joy on April 15, 2009, 08:46:28 PM
Well, I wonder, has there ever been an individual who changed their mind? How about over the course of six day?

Possible scenario: On the day that the phone call Robert keeps alluding to occured, there was no plan to file a voluntary motion to dismiss. However, as a result of the failure to respond by Gailon Joy and Robert Pickle, the plaintiffs and their attorney changed strategy and six days later filed the motion to voluntarily dismiss. Thus,  Robert's continued insinuations and claims that Atty. Simpson lied to him are foundationless liable.

- anyman


Anyman, old boy, or is it old girl today???

Let me refresh your memory and point out that the Motion to dismiss followed the very clear decision in Southern Illinois that was sure to lead to the production of the auditors records...what a coincidence, aye???

Rest assured we will be back, dismissal will not be an option and we will once again be looking for those auditors records.

Shiver me timbers, anyman, did I feel you quake just a bit...better tell dear old Dad he has reason to fear the second coming!!!! The claim is fully ripe now, old boy. Two more events and "I'LL BE BACK!!!".

Only reformation will avert a most certain second adversarial confrontation...and be sure to mention they will need NEW COUNSEL!!!
How about doubling the number this time??? Could be sold as 3ABN's own version of the Lawyers Full Employment Stimulous Program. Really build those "legal fund" donations...oh, yeah, I forgot, you lost a key donor!!!

Should be easy to "lawyer up" given the lay-offs in the legal community.

And by the way, notice that they only approached Bob regarding settlement conversations...must be they knew I have a "NO NEGOTIATION" rule!!!


Gailon Arthur Joy
AUReporter
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Pat Williams on April 18, 2009, 01:27:00 PM
Well, I wonder, has there ever been an individual who changed their mind? How about over the course of six day?

Possible scenario: On the day that the phone call Robert keeps alluding to occured, there was no plan to file a voluntary motion to dismiss. However, as a result of the failure to respond by Gailon Joy and Robert Pickle, the plaintiffs and their attorney changed strategy and six days later filed the motion to voluntarily dismiss. Thus,  Robert's continued insinuations and claims that Atty. Simpson lied to him are foundationless liable.

- anyman


Anyman, old boy, or is it old girl today???

:huh: Why does that even matter?


Let me refresh your memory and point out that the Motion to dismiss followed the very clear decision in Southern Illinois that was sure to lead to the production of the auditors records...what a coincidence, aye???


 :dunno: Weren't those records already produced and examined in the IRS Investigation?  :scratch:

Rest assured we will be back, dismissal will not be an option

Alright. Since you are so gung ho, and sue happy, and even appealing the dismissal of the lawsuit, it seems that your various followers and adherents should most likely stop protesting about how ungodly and unchristian it is to take your brethren to court and stop posting about how frivolous or stupid the lawsuit is then...


and we will once again be looking for those auditors records.

Ok, and since the accountants, auditors, and IRS et al had access to all and found nothing? You with only unsupported hearsay and without that information are expecting to find what exactly? And How is it that you consider yourself more qualified then they to do so with far less knowledge or information?


Shiver me timbers, anyman, did I feel you quake just a bit...better tell dear old Dad he has reason to fear the second coming!!!! The claim is fully ripe now, old boy. Two more events and "I'LL BE BACK!!!".

ok.. Yo ho ho, to you also. Please tell me you aren't trying to instill fear in others or intimidate them, and that you are not at the same time trying to compare yourself to Christ and your intended actions to His second coming???  :hot:


Only reformation will avert a most certain second adversarial confrontation...and be sure to mention they will need NEW COUNSEL!!!
How about doubling the number this time??? Could be sold as 3ABN's own version of the Lawyers Full Employment Stimulous Program. Really build those "legal fund" donations...oh, yeah, I forgot, you lost a key donor!!!

Should be easy to "lawyer up" given the lay-offs in the legal community.

And by the way, notice that they only approached Bob regarding settlement conversations...must be they knew I have a "NO NEGOTIATION" rule!!!


Gailon Arthur Joy
AUReporter


It occurs to me a chest may be swelling with pride here and that usually goeth before a fall but we will see.

                                                                                                         Fixed quotations
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Gailon Arthur Joy on April 18, 2009, 06:43:01 PM
Defender,

Is that Defender General, not so general or just plain ignorant....If we believed any of your assertions and if your team was so certain there was nothing more to discover, they would not have dismissed and would not have opposed every discovery motion made!!! In fact, we would be happily on our way to trial and your team would have had some cofidence they really would be exonerated....BUT....THEY KNEW THEY WERE LOOSING AND RAN!!!! I KNEW THEY WERE LOOSING AND WOULD RUN.

Unfortunately for them, I knew they would be fool enough to file suit and they did. Now they must suffer the full consequences....DANNY LEE SHELTON cannot RUN from justice!!! Here or at the second coming.  He is an embarrassment to ADVENTISM and clearly impenitent, despite the fact he has been caught with his hands in the cookie jar. THERE ARE CONSEQUENCES, something he has successfully averted in the past, but justice will be served in time.

Running did not resolve anything, but rather has left an air of contention that is unresolvable except by a court of COMPETENT jurisdiction and a jury of MY PEERS....that is where it will end. LET THE EVIDENCE BE SEEN!!!! Including the IRS DEAL.

Gailon Arthur Joy
AUReporter
Title: Re: Defendant's Motion to Impose Costs is DENIED
Post by: Snoopy on April 18, 2009, 07:53:21 PM

Defender General.....or.....Defender Ford.....?????