Legal Update VI: Watch the PBFC vs. Carl Kennedy Hearings

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⚖️ Legal Update VII: PBFC vs. Carl Kennedy – Nov 17 Hearing Summary

On Monday this week, we sent Legal Update VI prior to the court hearing scheduled the next day, on Tuesday, November 17^th. This update contains our summary of the hearing, which was conducted via Zoom and lasted about 45 minutes. The only substantial conversation was between the Judge, Edward Holodak (attorney for the Club), Mr. Kennedy, and Wendy Hausmann (adviser and sometimes-attorney for Mr. Kennedy) as they worked through a number of issues previously presented as motions, closing some and “continuing” (delaying) others. During the hearing, the Judge directed several pointed comments to the “new” Club officers in attendance. He was essentially questioning their business justification to continue litigating given the ongoing expense to the Club and its shareholders that such pursuit will inevitably entail.

Attendees: A few minutes after 9:30am, the Judge (Broward County Circuit Court Judge David A. Haimes) convened the hearing and went through the list of Zoom attendees, [Read More...]
Motion to Correct Scrivener’s Error: This motion from the Club aimed to resolve an issue that Mr. Kennedy had complained to the Court about, namely that the Clerk had rejected one or more of his filings because his name did not match perfectly with the name on the “case style.” [Read More...]
Case History: Early in the hearing, the Judge invited both parties to each give a five-minute background. Mr. Holodak explained that the Club was seeking an “accounting” on several issues from Mr. Kennedy regarding his tenure as Club Treasurer. Mr. Kennedy claimed to have provided the Club over 2,000 pages of responsive records. [Read More...]
The Hausmann Loan: Mr. Holodak raised legal ethics questions regarding the propriety of Ms. Hausmann, an attorney, loaning the Club money without any documentation when she was the Club’s attorney. The Judge quickly shut Mr. Holodak down, explaining this issue was not properly before him to contemplate in this case. [Read More...]
Motion for Temporary Relief: This was a motion from Mr. Kennedy related to a number of other filings including his inability to pay for legal representation. In general, he was requesting assistance with legal representation to defend himself against his own Club, who he claimed had filed this frivolous lawsuit against him and then paid Mr. Holodak close to $25,000 to prosecute it. [Read More...]
“Roll up Your Sleeves”: The Judge instructed the parties – on at least six different occasions during this hearing – to “roll up your sleeves” to review the records that have been produced, and then resolve any discrepancies. At several times, he directed pointed criticism to the Club’s “new” officers on the call, [Read More...]
Motion to Strike Answer and Affirmative Defenses: The Club wanted the Court to void Mr. Kennedy’s “Answer” to the Club’s lawsuit. The Judge granted the motion to strike “without prejudice” which he explained allowed Mr. Kennedy 10 days to amend his “Answer” filing. [Read More...]
Motion to Strike Mr. Kennedy’s Counter-Claim: The Club wanted the Court to void Mr. Kennedy’s Counter-Claim. The Club was primarily arguing there was a defect in format. The Judge granted the motion to strike “without prejudice” [Read More...]
Motion to Take Judicial Notice: Mr. Kennedy had filed this notice essentially asking the Court to consider the case of “Hills vs. Pompano Senior Squadron.” Mr. Kennedy said he understood the case had been settled, so it was a moot filing. However, the Judge said he still wanted to look at it. [Read More...]
Mediation: Toward the end, the Judge asked if the parties had gone to mediation. Mr. Holodak said they had, but Ms. Haussman denied that. She said the Club had actually disengaged from mediation when they found out that Ms. Haussman was with Mr. Kennedy, and that no mediation actually occurred. [Read More...]

In summary, there were a great number of moving parts on display during this hearing. If you have not read our full report, you can click here to do so. Mr. Kennedy has 10 days (November 27, 2020) to amend his previous filings and he may do so with the assistance of his friend, Wendy Haussman.

We will update the litigation pages as this case proceeds. Please feel free to continue sending feedback to news-feedback@pompanobeachflyingclub.info or just reply to this newsletter. Below are some quick links to the main areas of our web site.

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