On November 6, three Reform Party leaders sued certain other Reform Party leaders in federal court in Elkins, West Virginia. The case is Heinemann v Kennedy, 2:07-cv-91. The defendants include Beverly Kennedy and her attorneys. The three plaintiffs are Jerome Heinemann, Skip Foley, and Jeanne Doogs. The lawsuit attacks the defendants for having filed a lawsuit in Texas state courts, after having lost an earlier intra-party fight in federal court in Florida. The West Virginia case is pro se.
Its about time someone takes action to stop the wackos who are destroying the Reform Party. Didn’t that Kennedhy group of nuts loose in a Federal Court???
Not so fast.
The only thing that came out of the Trademark case which was a negative was a removal of party officers by a jury.The really odd thing about it was that it had NOTHING of substace to do with the case itself. That was a question of “standing” to bring the action raised by a few of the defendants. The jury decision was the result of falsified records waved in front of that jury by a defendant-loon not unlike yourself. Everything else that happened previous to the jury decision was a win for the actual organized state-parties that made up the legitimate RPUSA convention, including a summary judgment which upheld our complaint. Claims to legitimacy were set before the judge post-trial by certain of the Scold Nation defendants (all individuals – part of no actual organization) in that case which were meant to lay claim to leadership status on the heels of the decision. The judge dismissed their action straightaway. Since that time a motion for a new trial is under consideration. The defendants are now under injunction in another court to enjoin them from making further such claims.
This new “suit” has no merit.
Read the Tallahassee record, BOZO.
Mr. Foster AKA 1st Class fake, I read that Florida case. There was no Summary Judgement win, it was thrown out by the Federal Judge when he reviewed the entire matter de novo and took the entire matter to a Jury Trial.
The injunction you refer to has no standing since it is in a court that has no jurisdiction or venue over matters already adjudicated by a federal court. A little county court cannot tell a federal court anything.
By the way, I looked up the West Virginia action on the internet and Mr. Foster is a defendant in a RICO action, it appears Mr. Foster and his friends have been dooing a lot of bad things in the name of associations without lawful right.
The recommendation for summary was a decision put forth by a magistrate judge of that same court prior to trial. It happened, and was not “thrown out”. It was subject to the trial which was turned into a circus and perjure-fest by certain of the defendants. We basically won all the battles but came away empty-handed because the jury bailed out and let the whole thing crash.
The attempt to establish a RICO action has taken place as a retaliation by the residents of the Scold Nation and their small-time megalomaniac buddy. That indeed has no merit – one cannot sue someone because they got sued by them. That’s their motivation, and nothing about any of their complaint is appropriate to RICO’s purposes or reason for being. The attempt to bring RICO into this was also attempted in Tallahassee by the Scolds. It was dismissed without consideration.
I’m not going to waste any more time here. Watch for further developments. You don’t know what you’re talking about.
Next time you enter Wonderland be sure to have the Scolds seal the hatch shut for you once you’re safely inside, OK?
Mr. Foster has a temper. Be sure you submit your reply by the deadline or you will be defaulted. I read the West Va Suit against you, there is far more to it. You also had a bogus candidate, neverfiled reports, harrassed< sounds like RICO.
The Tallahassee Trial against the 9 pro se’ defendants centered around the first part of a three part trial. Were the plaintiffs (foster, Kennedy etc.) elected properly?
The second part would have determined if the American Reform Party, an entirely separate organization, should even be included in the lawsuit.
The third part would have determined if there were infact violations of a trade mark.
The first part, if won by the defendants, would mute the 2nd and 3rd parts as the conclusions of the jury would have determined, not who is the leadership of the Reform Party, but definitely who is not. As the defendants won due to the jury decision the second and third parts of the trial were not going to go forward as the first trial showed the plaintiffs had no authority to hire any lawyers, let alone sue anyone using those lawyers.
Mr. Fosters temper is well known and there are apparently videos to prove this on more than one occasion but, that is a very small part of the world and not worth any more time. What is more to the point is after they were found NOT to be the party leadership by their acts of shenanagans, they still continue to represent themselves along with the lawyers to be what has already been proven to be false. They are not the leaders of anything.
Since Mr. Foster didn’t even read the “bogus” evidence being waved about, its really ok. No requirement in the US where someone would be requred to read anything let alone understand what it says but it should be noted the judge accepted all those pieces of “evidence” at the conclusion of the trial.
Mr. Garner, something to consider in this. If, as you say, you read the trial documents and such, you might remember the motion for the court to protect the rights of the pro se’ litigants and the next curious change was the case was take over by the Chief Judge of the Northern Division and one of his first moves was to negate all that had preveiously happened and start fresh. After that, things prodeeded at a fairly fast pace. Imagine 2 years of motions? Didn’t happen after the Chief Justice took over. It went in a timely manor.
By the way, did you know there is no trademark?
Another interesting item is that the Michigan Reform Party has notified the Texas court that the Michigan Reform Party has nothing to do with the Texas lawsuit nor did they ever condone the use of their name or agree to be a part of that suit. Now I wonder what the judge may have to do knowing one of the three parties bringing the lawsuit in Texas had their name used unauthorized? I know fraud comes to my mind but, it is the court that will decide.
What a ponzie scheme these people are running.
Anyway, it’s nice to see some people are reading what’s happening. It should prove interesting. I wonder where the money is coming from and whose getting a piece of it? It had to have run up more than the whole dollar amount owed to the FEC just in lawyers fees. Charles and Kennedy are good looking enough to get this kind of legal aide free.
I’m getting a kick out of the word “Scolds” used by Mr. Foster. Interesting word. Sounds more like something that you’d melt and put between two graham crackers. Oops! Another trademark violation! LOL Originality has never been his suit.
Time will tell.
Have a nice day!
I went on the Court web site today and saw that the Foster and Kennedy Clan lost their request for a new Trial in Florida.
I read the motions, it seams they tried to get a new Trial based on a perjerous affidavit.
I would think this will give more strength to the RICO Case filed against them in W. Va.
It will certainly complicate any potential delays. Are you aware of the Dallas County lawsuit brought against the same defendants on the same issues by the same plaintiffs of the Tallahassee case? There were numerous errors in this suit and as of the last couple of days the whole case has been sealed from even appearing on the web let alone getting any comment from the clerk of courts. Based on the evidence – or should I say – ommission of evidence, the judge is probably in a quandry. You see, Kennedy, Foster and Hernandez (Fla) filed a suit for an injunction against the RPUSA naming Rodney Martin as chair. Now think about who these people claim to be. They claim to be the RPUSA and they are suing the Rpusa and if I’m not mistaken, by this action they have actually recognized the existing organization as the legitimate organization, not by their own admission, of course, but through their collective actions.
In an other development, they above named used the names of 1 Florida Reform Party, 2. Texas Reform Party and 3 Michigan Reform Party as plaintiffs in this case. The Michigan Chairman of record with the SOS of Michigan was quite taken aback when they were told they were named as plaintiffs. The Michigan SOS, AG and the courts have been notified that the use of the Michigan Reform party name was not authorized and was being used to committee a fraud on the Michigan Reform Party as with no permission, no vote, no discussion and no knowledge could lead to only this conclusion but, that is for the judge to use. Infact, coincidentally, I think after the court received this notification was just about when the public was denied access to the court website regarding this case.
So, gainsvilles pleadings this week are pretty much mute with the order of a denial of a new trial and with the new developments in the Dallas Lawsuit, using that “case” as an excuse to delay gainsville is now at minimal, in jeopardy, I would say the house of cards are falling rather quickly and good ol’ Charles is sitting on his horse with a copy of Don Quihoti (could never spell that name) screaming I am the Chair, I am the Chair. I wish I had a picture of that. It would humerous but based on Fosters actions, I don’t really think he has a clue of what he’s doing. The descriptions of his actions on issues and other such items needing some kind of activity tell me he just sits there and says “Tell me what to do”. and when he doesn’t understand, he’ll revert back to the “I am the Chairman”.
Oh yeah, in the Dallas Case, an injunction was issued against the RPUSA to which they have no jurisdiction in Az, California or anywhere else outside of Texas and it isn’t clear if it might not be more than the county. But niether here nor there, the order to cease and desist was recieved about 3 or 4 days after the court held a hearing, hence, not even notifying the defendant of any court proceedings. That will prove to be a problem considering one of the three supposed plaintiffs has been misrepresented in this lawsuit.
what did Gump say? “Stupid is as stupid does? I don’t know.
Of course, Charles can’t really respond to this post as I’m pretty sure he doesn’t really understand any of it. Poor Charles. Lonely,lost and truly on his horse near the windmill.
On an entirly different subject, Don, what’s been the word on the North American Union. Have you heard anything on it? Check the RPNC.org website for info on the Amero, the new currency. But I’m hearing nothing. locals still don’t believe it will happen. Geesh!
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