- Disclaimer: On September 1, 2006, both Shriners charitable
and fraternal corporations filed a complaint alleging defamation against
Shriner whistleblower Vernon Hill and Charity Watch Center, an online watchdog
site, owned and operated by Paul Dolnier, a former IRS agent. A "First
Request for Production of Documents" included emails, letters, notes,
phone records, etc., between both Hill and Charity Watch Center and me.
-
- Sandy Frost Starbucks, WA 11-11-7
-
- It appears that the Shriners' defamation lawsuit and
demand for jury trial may be thrown out of court because they have done
nothing about it for the past ten months.
-
- On November 6, 2007, the Clerk of the Thirteenth Circuit
court of Hillsborough County, Florida, filed a "Notice of Intent to
Dismiss" the Shriners v James Vernon Hill and Charity Watch Center
(CWC) lawsuit because of "lack of prosecution." (1)
-
- This means that for the past ten months, the Shriners
have not pursued the case. Noting this, the clerk of the court sent out
the "Notice of Intent to Dismiss" to all parties, letting them
know that a hearing was scheduled for January 18, 2008 at 9 a.m. before
the honorable Judge Charlene E. Honeywell.
-
- The Shriners can try to keep the case alive if they can
"show good cause in writing at least 5 days before the hearing on
the motion why the action should remain pending."
-
- The complaint can be read <a href="http://www.esnips.com/doc/f84cbdbf-b525-4ff6-96a1-
f9ceee9302bc/Shriners_Law_Suit_Part_1"> here. </a>
-
- The plaintiff's first request for documents can be read
<a href="http://www.esnips.com/doc/4b9b12e9-51e3-4d90-a012- c5c3f4ad3bae/Shriners-Law-Suit">
here. </a>
-
- The Shriners accused Hill of creating the Charity Watch
Center with Dolnier and that both "used the CWC web site and emails
to publish false and defamatory information about the plaintiffs."
-
- The Shriners claimed "these publications falsely
communicate to the public that there are facts which would support the
messages that the Plaintiffs are violating the law by not properly using
or applying contributed funds; that there is corruption within Shriners
that has led to investigations by law enforcement agencies; and that money
donated for charitable purposes is being used for non-charitable purposes."
-
- The last recorded activity was on December 13, 2006,
when Judge Honeywell granted the Shriners' motion to strike Charity Watch
Center's pro se answer, filed because, according to Dolnier, he could not
afford to hire an attorney.
-
- Prior to that, on October 16, 2006, Hill's attorney,
David M. Snyder, filed a "Motion to Dismiss Based on Limited Appearance
Challenging Jurisdiction," arguing that the Florida court lacked jurisdiction
because Hill lives and works in North Carolina. No hearing has been set
to argue this motion.
-
- If the Shriners continue doing nothing for the next 60
days, "the action shall be dismissed by the court on its own motion."
-
- The defendants had no comment, except Hill reports that
he had a stroke in early October. Calls to the Shriners' attorney Donovan
Conwell remain unanswered.
-
- (1) "Dismissal of Actions," Florida circuit
court rule 1.420 (e) "Failure to Prosecute" states:
-
- "In all actions in which it appears on the face
of the record that no activity by filing of pleadings, order of court,
or otherwise has occurred for a period of 10 months, and no order staying
the action has been issued nor stipulation for stay approved by the court,
any interested person, whether a party to the action or not, the court,
or the clerk of the court may serve notice to all parties that no such
activity has occurred."
-
- All copies of material reprinted or duplicated from "by
Sandy Frost" must include the following credit line: From http://sandyfrost.newsvine.com/
Copyright © 2007 by Sandy Frost. Used by permission.
-
- Visit Sandy at:
-
- http://sandyfrost.newsvine.com/
-
- http://thecassandrafrostcollection.blogspot.com/
|