17Re: Court Digest - April, 2007
- Apr 18, 2007Thank you Jennifer for keeping us informed. We, the general
membership need to be kept up to date on happenings. Leslie
--- In firstname.lastname@example.org, "Greg Kersten" <gregkersten@...>
>translation" of what the recent
> Thank you all for your patience as you wait for the "
> events in court actually mean. I think we have almost gotten ourhead around the
> decisions in order to explain them. . .attorney's fees to EAGALA
> 1. First, in the hearing regarding the Judge's decision to award
> (for their response to the initial complaint Greg filed on behalfof EAGALA), the award was
> limited to the actual amount spent in areas and on motionsprescribed by the Judge.
>attorney's fees specifically
> EAGALA claimed that they were entitled to over $40,000 for
> covered by the Judge's prescription.and delineating
> Greg's attorney spent a good amount of time researching these fees,
> which of the fees were actually legitimate.awarded $14,038
> The Judge's memorandum decision was entered on March 16, 2007, and
> to EAGALA for legitimate attorney's fees. The Judge stated, "TheCourt agrees with
> Plaintiff (Greg Kersten) that despite the limited scope of theCourt's decision awarding
> attorney fees, defense (EAGALA) counsel's Affidavits appear toclaim an award of all, or
> nearly all, attorney fees expended on all activities forDefendants." The Judge refused to
> grant thousands of dollars in unrelated attorney fees and travelexpenses including
> those for the private jet chartered by board members to fly fromOmaha to Salt Lake City.
>when his attorney had
> The Court also awarded $3,600 to Greg for attorney's fees incurred
> to research and segregate the fees.purged himself of
> In the same memorandum decision, the Court found that Greg had
> contempt, and the Court accepted the Proposed Order DenyingEAGALA's Motion to
> Compel Service of Sentence, and the Court accepted Greg's OrderDenying EAGALA's
> Motion to Enforce Settlement.Contempt against
> 2. Next, on April 9, 2007 we attended the hearing on the Motion for
> EAGALA for selling the truck and horse trailer Greg had turned overto EAGALA in Feb.
> 2006 this sale was against the Judge's order, as he recognizedthat there was a clear
> dispute as to the ownership of the truck and horse trailer.Mickey DiGiacomo
> Because Lynn Thomas (current President and CEO of EAGALA) and
> (EAGALA's Equine Director) were both present in court on the daythe Judge issued that
> order from the bench, Lynn Thomas and Mickey DiGiacomo were bothfound guilty of
> contempt of court and sentenced to 30 days in jail and a fine of$1000.
>ruling if they each pay a
> The Judge offered to stay this sentence and purge the contempt
> fine of $200 and serve two days of community service within 30days.
>were required to bring
> Greg was also awarded the attorney's fees (to be determined) which
> this motion against EAGALA (this amount will be deducted from thebalance he owes
> EAGALA from above).Desist" letter to EAGALA
> 3. Also, on Friday, April 6, Greg's attorney sent a "Cease and
> demanding that they stop using, demonstrating, and selling hisintellectual property
> exercises, models, and techniques to folks who are paying to gothrough "EAGALA's"
> training program.of EAGALA's
> As you may know, Greg created the exercises which formed the basis
> certification program many of these exercises were taught andused under Greg's
> company Equine Services, Inc. before EAGALA ever existed.demonstrate this intellectual
> We have reason to believe that EAGALA continues to use and
> property without authorization, license, or permission in itscertification training program.
> This will be the basis of a lawsuit for unauthorized use and saleof
> intellectual property as matters progress.concurring with our views
> On a personal note, it is encouraging that the Court seems to be
> on the above issues.point he believes that he
> When it comes to attorney's fees, I believe Greg makes a good
> is actually paying all of EAGALA's attorney's fees as long as theycontinue to make money
> by selling his ideas, techniques, and intellectual property,because Lynn Thomas has
> admitted to using the nonprofit's funds to pay their attorney.questions.
> If you are curious or concerned . .
> You know where to find us if you have any further information or
> 1-866-391-6565.EAGALA sees things the
> We are not so naive as to believe that the current leadership of
> same way we do, so we do hope you will also follow up with themwith any questions or
> concerns you might have.mess, we would be so
> If you don't know what to think or believe about this whole legal
> happy if you would simply pray for justice.
> Jennifer Kersten
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