3ABN Lawsuit Speculation, What if, Why, Possible outcome? Options

[awesumtenor]

Bystander is not a "demonic force of Satan," nor is he Satan.

Please be careful with name calling PDR, I believe the rules of this forum do not allow people to stoop to name-calling.

Thank you.

Joh 8:44 Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it.

Seeing that bystander came in here lying and continues to deal in obfuscation and patent untruth, she's not far off... your not liking it notwithstanding.

In His service,
Mr. J

[Lee]

BYSTANDER DID NOT COME HERE LYING! CALVIN EVEN TOLD YOU THIS MR J. Better read a few posts back and refresh your memory!!!
You should be banned for repeating this LIE again.

[Clay]

BYSTANDER DID NOT COME HERE LYING! CALVIN EVEN TOLD YOU THIS MR J. Better read a few posts back and refresh your memory!!!
You should be banned for repeating this LIE again.

yeah he did.... but you are so busy repeating the party line that you can't see the lies that have been told..... that's fine though, the attitude you exhibit is one that would make you are a valuable part of the collective....

[SoulEspresso]

BYSTANDER DID NOT COME HERE LYING! CALVIN EVEN TOLD YOU THIS MR J. Better read a few posts back and refresh your memory!!!
You should be banned for repeating this LIE again.

"A man [or woman] convinced against his [her] will
is of the same opinion still ..."

[awesumtenor]

BYSTANDER DID NOT COME HERE LYING! CALVIN EVEN TOLD YOU THIS MR J. Better read a few posts back and refresh your memory!!!
You should be banned for repeating this LIE again.

I'm not your child... or your husband... so you need to dial back your tone.

Bystander came in here lying, pretending to not know wwjd when they were using the same computer. He has not stopped putting forth canards since... and a cursory examination of the things he's posted shows myriad patent inconsistencies.

There have been posts which have detailed some of them; use your search function.

But the fact remains... he has been a prevaricator since he walked in the door.

In His service,
Mr. J

[Lee]

Why is 3ABN going to court? God works on principles of truth and honesty. He doesn't use some of the tactics I've seen on this forum and on other forums and web sites.

Even if truth is put on BSDA and anywhere else, 3ABN's opponents will still call it lies and get away with it and sway all kinds of people to their way of thinking who do not know exactly what happened. They are like sheep. SO--that is why only a court of law can help determine truth because people are under oath--and if they commit perjury, there is a price to pay. People have asked why it has to go to court--that's why.

[PeacefulBe]

Why is 3ABN going to court? God works on principles of truth and honesty. He doesn't use some of the tactics I've seen on this forum and on other forums and web sites.

Even if truth is put on BSDA and anywhere else, 3ABN's opponents will still call it lies and get away with it and sway all kinds of people to their way of thinking who do not know exactly what happened. They are like sheep. SO--that is why only a court of law can help determine truth because people are under oath--and if they commit perjury, there is a price to pay. People have asked why it has to go to court--that's why.

Do you know the truth, Lee? The truth about the allegations against Tommy Shelton? The truth about the allegations against Danny Shelton - of covering up his brother's damaging behavior, intimidating alleged victims of Tommy Shelton and of making improper and unwanted advances on his step-daughter?

Please tell us the truth, Lee, if you know it. I'm willing to listen. Just remember, if you lie or bear false witness, there is a greater price to pay than what a perjuror in a court of law would be assessed.

PB

[Johann]

Why is 3ABN going to court? God works on principles of truth and honesty. He doesn't use some of the tactics I've seen on this forum and on other forums and web sites.

Even if truth is put on BSDA and anywhere else, 3ABN's opponents will still call it lies and get away with it and sway all kinds of people to their way of thinking who do not know exactly what happened. They are like sheep. SO--that is why only a court of law can help determine truth because people are under oath--and if they commit perjury, there is a price to pay. People have asked why it has to go to court--that's why.

Lee, if I have to witness in court I have to tell the truth, and therefore I will not be able to say anything else than what I have said here on BSDA. God is my witness, even if Í'd have to pay a price because someone else claims I am lying. As a Christian I cannot be a false witness.

So, if you happen to be a child of God, and you think I have said anything that is not true, it is your repsonsibility to let me know what you think is not true.

This post has been edited by Johann: Feb 28 2007, 02:16 PM

[sonshineonme]

Here are the pertinent FRCP that will probably cause acidosis to anyone at 3ABN who believe they can file an action that can limit proceedings to a narrow question or that they can limit it to select parties They file and defendants can go for the gusto!

Anyone else want to join in the counterclaims? That would include those allegedly slandered, libeled and defamed, those allegedly wrongfully terminated, those allegedly inappropriately abused on the premises of 3ABN or its affiliates, those allegedly inappropriately harassed on the premises of 3ABN or its affiliates, those alleged whistleblowers wrongfully retaliated against, those whose civil rights have allegedly been denied or limited, any alleged victim of a misuse of process, those who allegedly have been illegally recorded, those who have been allegedly threatened or maligned, those who have been allegedly defrauded or suffered from detrimental reliance in any form. We could go on but we need to keep a few alleged surprises.

In any event, let the Federal Rules of Civil Procedure dispel misconceptions and replace it with the horrifying factual truth and remember: The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.



Federal Rules of Civil Procedure



COMMENCEMENT OF ACTION Rule 3.


A civil action is commenced by filing a complaint with the court.



Rule 7. Pleadings Allowed; Form of Motions

(A) Pleadings.

There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14 ; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

Rule 8. General Rules of Pleading

A. Claims for Relief.

A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded.

B. Defenses; Form of Denials.

A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or paragraphs, or may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all its averments, including averments of the grounds upon which the court's jurisdiction depends, the pleader may do so by general denial subject to the obligations set forth in Rule 11.

C. Affirmative Defenses.

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the PleadingsA. When Presented.

1. Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer

A. within 20 days after being served with the summons and complaint, or

B. if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside any judicial district of the United States.

2. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 20 days after being served. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.

Rule 13. Counterclaim and Cross-Claim

A. Compulsory Counterclaims.

A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if -1- at the time the action was commenced the claim was the subject of another pending action, or -2- the opposing party brought suit upon the claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13.

B. Permissive Counterclaims.

A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.

C. Counterclaim Exceeding Opposing Claim.

A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

D. Counterclaim Against the United States.

These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the United States or an officer or agency thereof.

E. Counterclaim Maturing or Acquired After Pleading.

A claim which either matured or was acquired by the pleader after serving a pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.

F. Omitted Counterclaim.

When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.

G. Cross-Claim Against Co-Party.

A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.



H. Joinder of Additional Parties

Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20.

I. Separate Trials; Separate Judgments.

If the court orders separate trials as provided in Rule 42-B, judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54-B when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.

Rule 14. Third-Party Practice

A. When Defendant May Bring in Third Party.

At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than 10 days after serving the original answer. Otherwise the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff's claim as provided! ided in Rule 12 and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the t -party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant. The third-party complaint, if within the admiralty and maritime jurisdiction, may be in rem against a vessel, cargo, or other property subject to admiralty or maritime process in rem, in which case references in this rule to the summons include the warrant of arrest, and references to the third-party plaintiff or defendant include, where appropriate, a person who asserts a right under Supplemental Rule C-6 B-i in the property arrested.

Rule 22. Interpleader

1. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 20.



Rule 26. General Provisions Governing Discovery; Duty of Disclosure

A. Required Disclosures; Methods to Discover Additional Matter.

1. In General.

Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.


Rule 30. Deposition Upon Oral Examination

A. When Depositions May Be Taken; When Leave Required.

1. A party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by subpoena as provided in Rule 45.

Rule 33. Interrogatories to Parties

A. Availability.

Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26-B-2. Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26-d.

Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
A. Scope.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect, copy, test, or sample any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained - translated, if necessary, by the respondent into reasonably usable form, or to inspect, copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 26-B and which are in the possession, custody or control of the party upon whom the request is served; or 2- to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26-B.



Rule 36. Requests for Admission

A. Request for Admission.

A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26-B, 1, set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Without leave of court or written stipulation, requests for admission may not be served before the time specified in Rule 26-d.



Rule 37. Failure to Make or Cooperate in Discovery; Sanctions

A. Motion for Order Compelling Disclosure or Discovery.

A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows:



Rule 38. Jury Trial of Right

A. Right Preserved.

The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.

This post has been edited by sonshineonme: Feb 28 2007, 07:36 PM

[Bystander]

Bystander is not a "demonic force of Satan," nor is he Satan.

Please be careful with name calling PDR, I believe the rules of this forum do not allow people to stoop to name-calling.

Thank you.

Lee, in your opinion, would you think that being called "a demon of satan" or "satan himself" would be a liable remark or a slanderous remark? I get confused.

[sister]

Lee, in your opinion, would you think that being called "a demon of satan" or "satan himself" would be a liable remark or a slanderous remark? I get confused.

Interesting question, Bystander, since it is the same type of remarks that Danny Shelton made toward the Doctor and Johann. Confusion or stupidity? We both know how much Danny hates being called STUPID, right?

Clay, what was that quote from Mama Gump? Was it, "Stupid is, as stupid does."? I know it was something about stupid.

Sister

[Bystander]

Here are the pertinent FRCP that will probably cause acidosis to anyone at 3ABN who believe they can file an action that can limit proceedings to a narrow question or that they can limit it to select parties They file and defendants can go for the gusto!

Thanks so much for letting 3abn know that information. I am sure their attorneys never thought of that.

[John S]

bystander,

Thank you for your thoughtful post, my reason for picking 12 common sda is because it would remove any charge of favorism form the hearing of proof.

Slander is a tough thing to prove, because you have to prove the that the person making the charge know it was false and was trying to hurt the person(entity) being slandered.

Some on here you could maybe make that stick but others it would be much harder to prove.

the lawyers were live need to move to were you live because they are not making 500.00 any hour.

I mean lets take Johann for example to prove his posts have been slanderous one would need to able to prove his personal experiences here in fact figments of his imagination.

Or lets take daune and the others that have written letters about tommy, for someone to prove slander they are going to have to prove that tommy and the guys and boys did in fact not have anything happen between them, that is going to a tall order considering that in tommy's and carols letters that failed to flat out deny the charges against tommy,.

now lets get to your example of a poster on the forum you takes filters information and then states option, if we are basing our comments on the first hand testominy of others then slander becomes a tough sell has i read the law in my state.

The other thing is you are going to have to prove that exact dollar amount of damage done, by one person and could be very tough in itself, most certainly anyone posting on the Blacksda site because you have pointed out to us that we are not the attacks that were discussed the other night.
I would hope for the sake of truth that 3abn would do a better job getting the truth about all of this out then a court case that will take years.

Again i go back to the 12 person jury instead of the church, made of common sda so that no charge of favorism or cronism can be leveled. then if people are still going after 3abn drag their sorry buttons to court.

Erik

Someone needs to let Bystander know he needs to get a lawyer who knows the law. Anything can be discussed if one is sued. Just try it Bystander and see your whole life exposed to the whole world - all the sexual allegations will be fair game, all the financial allegations will be fair game, anyone who has been dismissed without good reason and has been damaged will be there to participate in it. Where do you find lawyers that are that ignorant of the law? John S

[sonshineonme]

Thanks so much for letting 3abn know that information. I am sure their attorneys never thought of that.

Sure thing! I am here to help! And I had you especially in mind!

[Richard Sherwin]

Ah, but maybe Danny's lawyers know the law very well and are assuming that others do not, and so will fall for their bluff. Cat and mouse? Or David and Goliath? Lots of words but all it takes is one small stone....or a Pickle? (yes my jokes are the worse, sorry already)

Someone needs to let Bystander know he needs to get a lawyer who knows the law. Anything can be discussed if one is sued. Just try it Bystander and see your whole life exposed to the whole world - all the sexual allegations will be fair game, all the financial allegations will be fair game, anyone who has been dismissed without good reason and has been damaged will be there to participate in it. Where do you find lawyers that are that ignorant of the law? John S