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#1
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Zoomer
I myself at one time throught he was a fighter for homebuilts but in the
last few years i have seen the light...sorry guys i was fooled check out http://mywebpages.comcast.net/ousterj/ |
#2
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"Randall Robertson" wrote in message ... I myself at one time throught he was a fighter for homebuilts but in the last few years i have seen the light...sorry guys i was fooled check out http://mywebpages.comcast.net/ousterj/ What I can't understand is how the Zoombie could have gotten jurisdiction in the state of Florida (or wherever he filed his suit) over all the RAH 15 who lived everywhere else. A recent case in which a person alleged she was libeled* in usenet held on appeal that the plaintiff had no jurisdiction to sue a Minnesota domiciliary and take judgment against her in Alabama courts. The Minnesota courts refused to give full faith and credit to the Alabama judgment, and the Supreme Court of the US denied certiorari to the Alabama plaintiff. I'm thinking that maybe the judge threw the RAH 15 case out on jurisdictional grounds. *The case was Griffis vs. Luban. Griffis claimed that Luban libeled her by posting in an Egyptology newsgroup that Griffis had gotten her law degree from a mail-order school which advertises on the backs of matchbooks, when in reality Griffis had acquired her degree in law from an accredited Alabama law school. These two litigants occasionally trade jabs with each other in misc.legal. |
#3
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In article , "Randall Robertson"
writes: I myself at one time throught he was a fighter for homebuilts but in the last few years i have seen the light...sorry guys i was fooled check out http://mywebpages.comcast.net/ousterj/ You are in good company and some so-so company but you are definately are NOT alone. Bob Reed www.kisbuild.r-a-reed-assoc.com (KIS Builders Site) KIS Cruiser in progress...Slow but steady progress.... "Ladies and Gentlemen, take my advice, pull down your pants and Slide on the Ice!" (M.A.S.H. Sidney Freedman) |
#4
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On Mon, 8 Dec 2003 16:19:11 -0500, "Larry Smith"
wrote: "Randall Robertson" wrote in message ... I myself at one time throught he was a fighter for homebuilts but in the last few years i have seen the light...sorry guys i was fooled check out http://mywebpages.comcast.net/ousterj/ What I can't understand is how the Zoombie could have gotten jurisdiction in the state of Florida (or wherever he filed his suit) over all the RAH 15 who lived everywhere else. [Snip] I'm thinking that maybe the judge threw the RAH 15 case out on jurisdictional grounds. That's true, in Chuck's case. In my case, it never got that far. Tony could have picked the jurisdictional aspect, but I think the improper-service aspect was a lot simpler because there was absolutely no way Campbell could deny it. Florida law defines just *who* is considered an officer of the court, and out-of-state private investigators do not qualify unless arrangements are made in advance. Campbell had Verne Barr and myself served by the same P.I. At the time, Barr and I lived about 125 miles apart. So the guy had to drive at least 250 miles, charging for both his mileage and his hourly rate in transit ($50/hour? $100/hour). The man probably charged Zoom $500 to have us served. Instead, Campbell could have had us *legally* served by using a local police officer. The county cops have a flat rate for this: $25. Campbell's lawyer admitted the service was improper, and demanded six months to re-serve us. This was granted...but he didn't go through with it. So at the end of six months, Tony filed for dismissal and no objection was made. There were a number of flaws in Campbell suit. Mr. Dominguez's motion (he was the RAH-15's other attorney of record) to have Chuck dismissed pretty much sums them up: ----------------------------------------------------------------------- [I've inserted some explanatory material in brackets, and left off some "boilerplate" - RJW] COUNTERDEFENDANT, SLUSARCZYK'S MOTION TO QUASH PROCESS AND SERVICE OF PROCESS, TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND JOINDER IN DEFENSES AND MOTIONS Counterdefendant Chuck Slusarczk files herewith his Motion to Quash Process and Service of Process, To Dismiss for lack of Personal Jurisdiction and Joinder in Defenses and Motions, and states: .... 2. Specially appearing, Counterdefendant Moves to Quash Process and Service of Process and to Dismiss for lack of Personal Jurisdiction and states: (a) there is no basis for assertion of personal jurisdiction over Counterdefendant based upon any activity in or nexus with the State of Florida, and no such grounds are alleged; (b) process was served upon counterdefendant by "ambush" and unconscionable means so as to invalidate such service under applicable Florida caselaw including public policy limitations upon such service of process. More particularly, Counterdefendant was present solely for attendance at an aviation convention generating economic activity within the State of Florida and beneficial to the residents of the State of Florida and Counterplaintiff has attempted to serve process unrelated to such convention, using an individual improperly identifying himself as a member of the Lakeland Police Department, unlawfully and fraudulently carrying false Press credentials and contrary to the regulations and directives of the operators of the premises upon which the said activities took place; (c) Plaintiff has failed to comply with Secs. 48.193, 48.194, 48.021, 48.27, and 48.21; (d) There exists a fatal variance between the Process and the complaint or a material alteration in the Process and Complaint, and a lack of proper return of service and correct endorsement of service thereon. [RJW Note: This if far enough back that I don't remember the precise details, but IIRC, there had been some sort of pen-and-ink change to the serving papers. They didn't match what was actually filed with the court.] 3. Defenses to be asserted by motion and in which Counterdefendant joins include, without limitation and without waiver of jurisdictional defenses: (a) The Counterclaim is a Sham Pleading and contains willfully false statements of fact, known to be false by counsel and counterplaintiffs, including intentional and material misstatement and alteration of text, assertion of matter as a basis for suit which was published solely in court filings known by counsel to be absolutely privileged here and in federal Bankruptcy Court and which is the actual content of transcripts of Court proceedings which Counterplaintiff attempts to suppress, but which identification is willfully concealed, sanctionably contrary to counsel's duty and representation of good faith and should be struck as such; [RJW Note: The "alteration of text" item refers to one quote, ostensibly by an RAH-15 member, in Campbell's suit that was altered from what was actually said. Note the Zoom had previously printed the *actual* statement in his magazine....] (b) The Counterclaim asserts claims as to which the Counterplaintiffs are disabled pursuant to Florida law; (c) Asserts claims on behalf of an entity or business which is neither the property of the Counterdefendant nor subject to the jurisdiction of this Court, but instead is within the possession and sole control of the U.S. Bankruptcy Court for the Middle District of Florida; [RJW Note: Zoom sued in the name of Airdale Press *after* putting it in bankruptcy] (d) Asserts claims which will be determined by the outcome of proceedings pending therein and which accordingly must be stayed here; (e) Is filed untimely and without prior leave of court; (f) Improperly joins parties over whom the court cannot assert jurisdiction and as to whom there are no supporting factual assertions nor existing, supportive facts; (g) Improperly joins Plaintiffs in claims which are not jointly owned or held; (h) Intermingles claims for relief in Equity and at Law; (i) Intermingles multiple claims in single counts, without separation into separate Counts based upon separate causes of action or theories of recovery; (j) Fails to state a proper cause of action as to any claim purportedly so stated, but so intermingles allegations and purports to incorporate nonrecord matter of such volume that Counterdefendant is entirely unable to respond to the factual allegations; (k) Improperly pleads punitive damages contrary to Florida law and thereby commits a sanctionable act; (l) Purports to allege a conspiracy without, however alleging the foundational allegations thereof nor properly pleading any underlying tort in support of same, contrary to Florida law; (m) Improperly attempts "blanket" reallegation of unrelated and multifarious allegations and purported incorporation of all of the contents of millions of pages of unrelated text and matter in an attempt to shore up a completely defective pleading; (n) Attempts to enforce a trademark without either registration of same as a prerequisite to enforcement, any allegation of fulfillment of prerequisites to such enforcement and not as a separate count or claim but joined in its multifarious pleading; (o) Attempts to state a claim to prohibit the gathering of truthful and public record information prospectively and on the speculative basis that some of same may not be accurate or may be harmful to Counterplaintiff; and (p) Other inadequacies appearing on the face of same. --------------------------------------- Campbell's RAH-15 suit is reproduced on the Zoomland page: http://mywebpages.comcast.net/ousterj/ Ron Wanttaja |
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"Ron Wanttaja" wrote in message ... On Mon, 8 Dec 2003 16:19:11 -0500, "Larry Smith" wrote: "Randall Robertson" wrote in message ... I myself at one time throught he was a fighter for homebuilts but in the last few years i have seen the light...sorry guys i was fooled check out http://mywebpages.comcast.net/ousterj/ What I can't understand is how the Zoombie could have gotten jurisdiction in the state of Florida (or wherever he filed his suit) over all the RAH 15 who lived everywhere else. [Snip] I'm thinking that maybe the judge threw the RAH 15 case out on jurisdictional grounds. That's true, in Chuck's case. In my case, it never got that far. Thanks, Ron. I snipped all the good stuff but will come back and comment on it later. So I see the Zoomer went in like a piglet and out like a sassage. |
#6
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In article , Randall Robertson says...
I myself at one time throught he was a fighter for homebuilts but in the last few years i have seen the light...sorry guys i was fooled check out http://mywebpages.comcast.net/ousterj/ Don't feel bad your not the only one who thought that, there were plenty of people like you.Including me. Back in the early 80's I used to think he was a harmless "kook" something we have an abundance of in aviation :-)Telling boastful stories of deeds done and planes flown .However when he walked away everyone would roll their eyes, grin and say "boy what a BS'er that guy is".In fact it's still that way. That's why it's important to keep the light on this guy, because he hasn't changed .He did to me years ago what he recently did to Pulsar .He's still trying to bully companies who advertise with him. Years ago no one would fight back because they thought they were alone .I fought back here on the net only to find that there was a band of brothers and a couple of sisters who all experienced some of his tactics in one form or another. The most common was threats of a lawsuit and bad mouthing in his publication.He also filed Police reports on people and called the employers of others in an effort to get them in trouble at work. Nothing is too low for him to do and jaun supports it. So I say to those of you who tire of the on again off again zoom postings to have a little compassion for those of us who suffered at the hands of this guy. Because that's exactly what he wants ,he wants everyone to go away and forget what he's done and collect a new batch of "zoomies" who through no fault of their own really think he is what he claims to be. Guys like jaun are enablers allowing zoom to feel justified in what he has done and that's all zoom needs. Zoom won't come here to a free forum where he has no control of the content and debate .What he did on the ANN comment page was the same as he did with his magazine .He asked for comments but if he disagreed with it it would not get printed ,if it kissed his butt it got front page treatment. He's a phony ,always was a phony and will always be a phony . See ya Chuck S rAH-15/1 ret "credibility it was always about credibility" chuck s |
#7
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In article , ChuckSlusarczyk
writes: Zoom won't come here to a free forum where he has no control of the content and debate .What he did on the ANN comment page was the same as he did with his magazine .He asked for comments but if he disagreed with it it would not get printed ,if it kissed his butt it got front page treatment. He's a phony ,always was a phony and will always be a phony . See ya Not only would your comments not be printed but you would receive some very nasty and threatening replies that indicated you would be sued if you even tried to contact them again. It seems that ONLY replies that agreed with him were even allowed to be sent and anything else was subject to a "Govern yourself accordingly" reply and sent to his cast of thousands of lawyers. Bob Reed www.kisbuild.r-a-reed-assoc.com (KIS Builders Site) KIS Cruiser in progress...Slow but steady progress.... "Ladies and Gentlemen, take my advice, pull down your pants and Slide on the Ice!" (M.A.S.H. Sidney Freedman) |
#8
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On Tue, 09 Dec 2003 03:01:39 GMT, Ron Wanttaja
wrote: Campbell had Verne Barr and myself served by the same P.I. At the time, Barr and I lived about 125 miles apart. So the guy had to drive at least 250 miles, charging for both his mileage and his hourly rate in transit ($50/hour? $100/hour). The man probably charged Zoom $500 to have us served. Instead, Campbell could have had us *legally* served by using a local police officer. The county cops have a flat rate for this: $25. Coincidentally, at the time Zoom was serving the rah-15 I had just moved. I was never served. But I hope that it cost Zoom plenty trying to find me. - John Ousterhout - Zoomland - Publishing the truth for over five years http://mywebpages.comcast.net/ousterj/ |
#9
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On Tue, 09 Dec 2003 09:53:53 -0800, John Ousterhout
wrote: Instead, Campbell could have had us *legally* served by using a local police officer. The county cops have a flat rate for this: $25. Coincidentally, at the time Zoom was serving the rah-15 I had just moved. I was never served. But I hope that it cost Zoom plenty trying to find me. As far as I know, there never was any attempt to serve Dan Grunloh, Dave Hyde, Al Staats, or Charlie Porter. If I remember right, you've never indicated there'd even been any reports of a process server at your old address or work location. More indication that the lawsuit was intended to intimidate rather than gain redress for legitimate grievances.... Ron Wanttaja |
#10
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