Pompano Beach Flying Club Legal Update III

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Pompano Beach Flying Club Legal Update III
Saturday October 31, 2020

This newsletter includes an update on the Club’s lawsuit against former Treasurer (and current member) Carl L. Kennedy, II, and the Hills v. PBFC. Currently, the next known activity in these cases is a Zoom hearing in the Club’s lawsuit against Carl L. Kennedy, II. We have made every effort to keep a “mirror” of all current documents from the dockets of these two cases on our web site. Summaries and a complete set of all filings for both cases are available on the Litigation page on our web site. All hearings that are open to the public are viewable by Zoom from the comfort of your home. Please review the updates below for the latest information:

Pompano Senior Squadron Flying Club, Inc. vs Carl L. Kennedy, II:

The Club is suing former Treasurer Carl Kennedy, ostensibly only seeking Club records he maintained when he was Treasurer, but also demanding records he was never responsible to maintain, and others that are distributed or published for all members.
Over the last few weeks, there have been flurry of motions and cross motions in the case, too many to fairly summarize in just a sentence or two.
Suffice it to say that there is ample evidence of major disagreements between the parties.
Both parties now have motions they want to be considered during the Court’s scheduled motion hearing day on Tuesday, November 3, 2020 at 08:45 a.m.
This is a public hearing and will be held by Zoom (the Zoom link for for this hearing is now on the case page on our web site).

Lloyd D Hill and Graham D Hill vs Pompano Senior Squadron Flying Club, Inc.:

The Hills are suing the Club in Broward County Small Claims Court primarily seeking their refund of the $1,700 refundable membership fee after Graham withdrew in May.
The Hills are representing themselves “pro se” (no attorney) while the Club is apparently paying three to four times what is owed for defense by the same attorney they are using to sue Mr. Kennedy.
The Small Claims Court judge, Louis H. Schiff, convened the trial via Zoom conference to hear the case as scheduled on Wednesday, October 28, 2020 at 09:00 a.m.
The Club’s attorney, Mr. Edward Holodak, immediately “invoked the rule” to exclude witnesses from the proceeding so that they cannot hear the testimony of other witnesses.
The judge was frustrated by Mr. Holodak’s interruption, but did honor the request.
About a dozen others – non-witnesses – were also in attendance, mostly current or former Club members.
At one point, the judge acknowledged the unusually high number of observers, rhetorically asking if he had missed an article on the front page of the Sun Sentinel that morning.
The two subpoenaed witnesses for the Hills were present:
- Former Club President Larry Mellgren
- Former Club Director Robert Hannan
The two witnesses for the Club were present:
- Club President Greg Gilhooly
- Club Treasurer Andrew Bilukha
The judge moved the witnesses into an electronic waiting room per the “invoked rule.”
After about 25 minutes of preliminary activity, the judge asked if the parties would again try to settle before trial.
Both parties agreed to try, and the judge put them in a separate room to talk.
About 20 minutes later, the judge came back and announced that the parties had reached a confidential settlement that would be filed “in the next week or so.”
At this time, it does not appear that any settlement has been filed with the court, so the case is still open.
On the morning of the trial, the Club filed an Answer to the Complaint.
The Hills have since filed a Motion to Strike the Answer, citing a number of reasons.
The decision of the Court on that Motion to Strike appears to be pending.

We will update the litigation pages as these cases proceed. Please feel free to continue sending feedback to news-feedback@pompanobeachflyingclub.info or just reply to this newsletter.

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