⚖️ Legal Update X: Now Three Lawsuits in the Last Six Months

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⚖️ Legal Update X: Now Three Lawsuits in the Last Six Months

Just as the Hills’ case against the Club was coming to a close, we discovered a new lawsuit against the Club. This most recent lawsuit was filed on October 19, 2020. We did not notice this case earlier because we it was filed against the “Pompano Beach Flying Club,” not the Club’s actual corporate name, the “Pompano Senior Squadron Flying Club, Inc.” This is, of course, in addition to the lingering case of the Club vs. former Treasurer Carl L. Kennedy, II.

In this newsletter, we will introduce the latest lawsuit and update you on recent filings in the other two:

Borers vs. Pompano Senior Squadron Flying Club, Inc.
Hills vs. Pompano Senior Squadron Flying Club, Inc.
Pompano Senior Squadron Flying Club, Inc. vs Kennedy

Borers vs. Pompano Senior Squadron Flying Club, Inc.

On April 12, 2018, Steven Borer submitted an application, along with the $1,700 fully refundable Membership Fee, to the Club. Within six months, around October 2018, Steven withdrew from the Club and requested the refund of his Membership Fee. He did not receive the refund. Steven wrote to the Club Treasurer, who acknowledged the debt but explained the Club was short on funds, but that Steven was “in line” for his refund. Thus, it seems that, certainly by 2019, the Club had a list of former members who were due their refund, and these members were presumably being refunded in order of a logical priority.

In January 2020, still with no refund in hand, Steven again followed up. The Treasurer told him the Club had just sold an aircraft, so funds would soon be available. However, by May 2020, Steven still had not received his refund. Greg Gilhooly, then President, reportedly told Steven that the Club’s Board of Directors had voted to make all shares worthless and that he would not be receiving any refund of his $1,700 fully refundable Membership Fee. [Read More]

Hills vs. Pompano Senior Squadron Flying Club, Inc.

As we wrote in our last newsletter, it looks like this case is going to be closed soon. On Friday, December 4^th, the Hills filed their Motion to Dismiss With Prejudice, accompanied by a proposed Agreed Order to Dismiss and a Settlement Agreement, the latter of which was signed by Plaintiffs and the Club President. The Settlement Agreement incorporates, by reference, a “Confidential Statement.” The Hills received permission from the Judge to file the Confidential Statement under seal. With permission of the Court, the Hills did file the Confidential Statement under seal, and so the Confidential Statement is not available to the public. Assuming the Judge issues the Agreed Order to Dismiss the case, this should fully dispose of the Complaint. We will monitor the case and will mirror any such Order or further filings in the case.

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

As we predicted in our last newsletter, despite repeated advice from the Judge, this case seems to be bouncing along with more filings, motions, hearings, and now even a deposition. Yesterday, former Club Treasurer Carl Kennedy filed an Amended Responses to the Club’s request for documents and Amended Answers to the Club’s questions. The Club previously subpoenaed Kennedy’s lawyer friend to appear via Zoom for a deposition, which was scheduled to be held at 10:00 am today. Although Kennedy would be allowed to attend (as Defendant in the case), viewing this deposition live via Zoom would not be possible for the public. [Read More]

As you can see, at least two of these cases show no sign of winding down. If anything, they represent more of the same... more dues money out the door to prosecute or defend against lawsuits that seem to have no viable path to ever get the legal costs back or provide a return on investment for the Club.

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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