⚖️ Legal Update XVII: New Lawsuit Filed Against the Club

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⚖️ Legal Update XVII: New Lawsuit Filed Against the Club
February 24, 2021

There has been a relatively low level of activity in the two ongoing cases involving the Club and it is unclear if there are any imminent rulings. Therefore, we will first describe a new case, after which we will discuss the two ongoing cases.

Sunwood, Inc. vs. Pompano Senior Squadron Flying Club, Inc.

Sunwood, Inc., a Pompano Beach company that appears to be a private lender, filed a lawsuit against the Club just a few days ago on February 16, 2021. We have added a new page to our web site to provide information and documents related to this new case. Although the facts of this case have not fully developed, Sunwood’s Complaint for Damages included the following allegations, in summary:

Sunwood loaned the Club $100,000 on or about September 24, 2018.
The loan was related to the Club’s purchase of N2921S in late 2018.
The loan terms were agreed to orally.
The loan required repayment within one year at 12% interest.
Sunwood attached a copy of their check for $100,000 made out to the Club.
The Club defaulted on the loan.
The Club has been nonresponsive to written demand for repayment.

Although a summons for the Club to answer was directed to Club President, Greg Gilhooly, it has not yet been returned and filed as served. However, it appears the Club is aware of the lawsuit because, this morning, Edward Holodak entered an appearance in the case representing the Club. We also note that Sunwood’s attorney knows how to properly obtain records they deem relevant: Sunwood has served a subpoena upon third-party Bank of America seeking records of the Club bank account into which their loan was deposited. In their subpoena, Sunwood suggested that Bank of America could email them the requested records and, for all we know, Bank of America may have already provided the requested records to Sunwood.

Update on Two Ongoing Cases

Pompano Senior Squadron Flying Club vs Carl L. Kennedy III

As Judge Haimes has suggested – more than once – the Club’s legal costs have continued to add up because the Club refuses to “roll up their sleeves” and resolve any perceived issues. Instead, the Club seems more focused on expanding their fishing expedition, and seems intent on mutating their simple document request lawsuit into something else. Instead of agreeing that Kennedy has already supplied all the documents originally requested (or at least itemizing any allegedly outstanding documents), the Club seems to be moving the goal posts, asking for documents and answers beyond the scope of their original demand. The Club seems to be using this lawsuit as an ongoing vehicle to harass and inconvenience Mr. Kennedy, and even hamstring his ability to defend himself, all in the apparent hopes he will do or say something incriminating they can use against him by making new allegations in this court or another. Judge Haimes has also commented on this approach, explaining that any additional Club allegations are outside the scope of the case. The Club has similarly ignored repeated nudges from the Judge that participation by Mr. Kennedy’s attorney would aid in a speedier resolution. Not only is the Club is having no part of that advice, in addition to continuing their crusade to ban Mr. Kennedy’s attorney from representing him, they actually doubled-down and deposed Mr. Kennedy’s attorney back on January 13, 2021! Since the Club continues to defy repeated judicial suggestions, this lawsuit seems to just march on to the tune of thousands of dollars in legal bills each month from the Club and there appears to be no end in sight.

Steven Borer vs Pompano Senior Squadron Flying Club

The trial was held on January 11, 2021. By the end of the next day, January 12, 2021, the parties had filed several additional documents and memos, but nothing has been filed since. It has now been more than six weeks since the last activity. The case now appears “ripe” for a ruling any day.

We will provide updates on these three lawsuits as soon as more information becomes available.

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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