⚖️ Legal Update XIII: The Borers vs. the Club’s “I’ve Got a Secret”

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⚖️ Legal Update XIII: The Borers vs. the Club’s “I’ve Got a Secret”
January 5, 2021

In our “Legal Update” on December 29, 2020, we reported on the latest developments of the two remaining active lawsuits involving the Club. On December 30, 2020, the day after our Legal Update, the Borers filed a 19-page “disclosure” of documents/evidence and witnesses they plan to use at public trial that will apparently occur next Monday, January 11, 2021 at 10:00am. Yesterday, January 4, 2021, was the submission deadline for the Borer case. Late in the day, the Club filed a 2-page document they apparently believe will be sufficient to make their defense. Shortly after that, the Broward County Clerk posted an order from the Judge that fell short of addressing the entirety of the Borers’ motion made nearly a month ago, on December 7, 2020, seeking to clarify parties and identification. We also remind members of the public hearing in the Club’s lawsuit against former Treasurer Carl Kennedy next Tuesday, January 12, 2021 at 8:30am.

Borers vs. Pompano Senior Squadron Flying Club, Inc.

Although the supposed deadline for exchanging witness lists and intended evidence was Monday, January 4, 2021, the Borers filed their disclosure early, on December 30, 2020. In addition to identifying Michael Borer and former Club Treasurer Carl Kennedy as witnesses, their filing included actual documents: Steven Borer’s application, a billing statement showing payments they made in 2018, plus the Club’s By-Laws and the Operational Rules in effect when Steven was a member. The Borers also assigned exhibit numbers to specific documents they had attached to their initial complaint. Finally, the Borers asked the Judge to compel the Club to produce records showing policies and records of refunds of membership fees to other members in 2018-2019. For its part, the Club filed a bizarrely insufficient 2-page document on Monday afternoon, January 4, 2021, a filing that only listed descriptions of types of documents. The Club did not file any actual documents for use as evidence. We are providing a web page to view each exhibit provided for trial. We also offer a PDF to download all known exhibits. [Read More...]

Finally, late yesterday, nearly a month after the Borers made a motion to amend the parties and case style, the Judge signed an “Agreed Order,” but she actually only ordered one change. The Borers sought to remove Michael Borer and Greg Gilhooly as parties to the case, while also correcting the Defendant name to the Club’s full legal name. However, the Judge’s order did not sever Michael Borer or Greg Gilhooly from the case. Instead, the order only directed the suit be changed to reflect the Club’s full legal name (“Pompano Senior Squadron Flying Club, Inc.”). Thus, Michael Borer and Greg Gilhooly appear to remain named parties.

Upcoming Public Trial: Given the Club’s failure to produce evidence they plan to introduce at trial, we are unsure what will become of the nature of the “trial” on Monday, January 11, 2021 at 10:00am, but we hope that all Club members will log into Zoom to see their own Club in action against former members. Again, this is a public trial, and no matter who you are, you are welcome to observe.

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

It is a conspicuous fact that the Club’s attorney unilaterally scheduled the Borer trial just one day before the Motions Hearing in their lawsuit against Carl Kennedy, and just two days before their noticed deposition of Kennedy’s lawyer friend, Wendy Hausmann. The Club’s compression of these events into a three-day period cannot be reasonably dismissed as coincidence. Instead, the schedule indicates the Club continues to engage in a persistent pattern of arrogant and contemptable bullying. In his Amended Counter-Complaint filed on December 7, 2020, Kennedy asked the Judge to “take Judicial Notice” of the Borer case. We did not see the direct relevance of this request at the time, but it sure seems relevant now. The Club’s recent conduct has directly linked the personalities involved in these two cases in a manner that unquestionably supports judicial scrutiny.

On December 31, 2020, Carl Kennedy filed a motion for a default judgment against the Club for failing to answer his Amended Counter-Complaint. There are almost certainly going to be more filings and cross-motions in this case (perhaps even this week). Beyond all of that, we can only wonder how tolerant of the Club that Judge Haimes is going to be when he learns of the Club’s conduct regarding Kennedy and Hausmann in the Borers’ case given his stern comments directed to Club officers back on November 17, 2020.

Next Public Hearing: Tuesday, January 12, 2021 at 8:30 am via Zoom. We have a link with details on our web site, but you can download an electronic calendar file that has all the details. As we observed last week, it seems like this could be an expensive day for the Club and has all the makings of an informative, if not entertaining, morning, especially on the heels of the Borer proceedings the day prior. We hope that all Club members will again log into Zoom to see their own Club in action against a current dues-paying member, the former Treasurer. This is a public hearing, and no matter who you are, you are welcome to observe.

We will continue to update the litigation pages on this web site as we learn more, but please continue to let us hear from you at newsletter-feedback@pompanobeachflyingclub.info. Below are some quick links to the main areas of our web site.

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