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Before we relate substantial news about the remaining lawsuits, we feel now would be most timely to follow up on a portion of our prior report about the Club’s November meeting. In part of that November 25, 2020 newsletter, we covered the Club leadership’s commitment to hold a Christmas party in the face of well-founded guidance against having such gatherings at this time. In spite of this guidance from both the State of Florida and the CDC, the Club’s President spent $250 to reserve a venue and then signed a contract that financially guaranteed that at least 25 members would pay $35 to attend (committing up to $875 of the Club’s treasury). The President seemed oblivious to the notion that some members, if not a majority, might forego this kind of close-quarters social gathering, and also didn’t connect the dots that only six members had signed up to attend. In the end, only 17 people attended, eight short of the 25 Gilhooly guaranteed, a predictable outcome. There was ample reason to anticipate very low participation, which makes the decision to forge ahead even more painful. We think the membership would have understood if the Christmas party wasn’t going to work this year. Maybe the restaurant let the Club off the financial hook. But if not, there’s another $280 of membership dues money spent with nothing to show for it, just the latest in a long line of bad business decisions.
As we mentioned in our last newsletter, the Membership Fee refund lawsuit filed on July 16, 2020 by Lloyd and Graham Hill was nearing conclusion, and now does seem to be over as of December 9, 2020. At the same time, another Membership Fee refund lawsuit is underway, filed on October 19, 2020 by Steven and Michael Borer. Of course, the lawsuit brought by the Club against former Treasurer Carl Kennedy, filed eight months ago on April 7, 2020, continues to bounce along with over 100 individual documents filed in the case. This newsletter is our best effort to keep recipients appraised of these issues with the most current information we have.
On Wednesday, December 9, 2020, the Clerk of the Court filed the Agreed Order of Dismissal With Prejudice, an order signed by Broward County Court Judge Louis H. Schiff on December 7, 2020. As we previously explained, once signed, this Order would codify the Settlement Agreement found on pages 4-5 of the Hills’ Motion to Dismiss With Prejudice, thus putting an end to this case.
The Settlement Agreement incorporates, by reference, a “Confidential Statement.” The Hills received permission from the Judge to file the Confidential Statement under seal. With that permission of the Court, the Hills did file the Confidential Statement under seal, and so the Confidential Statement is not available to the public.
We introduced this case in our last newsletter. As previously mentioned, on Monday, December 7, 2020, the Borers filed a Motion to Amend a few administrative details that appear to be aimed at improving case efficiency. The Borers want to remove both Michael Borer (father of former Club member Steven Borer) and Gregory Gilhooly (Club President) as named parties, as well as use the proper legal name for the Club in future filings. Again, we have a hard time believing the Club has legitimate cause to object. Still... you just never know...
There have been two new additions to the docket since then. [Read More...]
In our last newsletter, we provided an update on the two December 7th filings from Mr. Kennedy we could see in the public docket. Unfortunately, the Broward County Court docket system has not been very timely lately, so two other filings from Mr. Kennedy were not made public until the next day, December 8th, even though they were apparently submitted by Mr. Kennedy several minutes before the other two filings. We see little need to restate our summary of the two timely filings in this newsletter, but we will provide a summary of the unreported two filings: Kennedy’s Amended Answer and Affirmative Defenses to Plaintiff’s Complaint and Kennedy’s Amended Counter-Complaint. Additionally, on December 10, 2020, the Club filed two documents related to a previously-scheduled (for December 9, 2020) deposition they are seeking from Wendy Hausmann, a lawyer friend of Mr. Kennedy’s, postponing that deposition until January 13, 2021. Finally, on December 11, 2020, Mr. Kennedy filed a Motion for Contempt against the Club for failing to meet a discovery deadline. [Read More...]
As you can see, one of these cases shows no sign of winding down, and all of them represent more of the same... dues money out the door to prosecute or defend against lawsuits precipitated by bad Club officer decisions or personal vendetta. Above all, these Club officer decisions reflect great discredit upon themselves and dishonor the Club as a whole, to include its members. The members are in ultimate control and need only to exercise their authority to put an immediate stop to all of this.
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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