Author Topic: Motion to Unseal Court Filing (HOA Settlement)  (Read 19850 times)

0 Members and 1 Guest are viewing this topic.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #15 on: April 11, 2013, 05:25:49 PM »
'm questioning Mr. Crump's ability to comply with what he asks of others. (i.e. preserving the W8 statement). I think I'll just drop it, though, as to avoid a thread derail.

No sweat.  As for Crump's duty toward evidence, he knows it.  The point of a letter to the HOA, or justification, is that they are not lawyers, and so may not automatically possess "notice."

If you are of a mind that Crump is shady, then yeah, it does seem odd that he is insisting others not be shady.  That's life.

Offline nomatter_nevermind

  • Hero Member
  • *****
  • Posts: 5447
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #16 on: April 11, 2013, 05:27:23 PM »
What were you talking about, anyway?

The part of an earlier comment that I quoted.

I'm sorry, I don't understand in what way I am not being clear.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #17 on: April 11, 2013, 05:36:32 PM »
I'm sorry, I don't understand in what way I am not being clear.

Deb said, "I am sure that one of the questions asked was whether they had gained or were promised anything financially."
You replied, "Knowing or being advised that something is in one's financial interest, isn't the same as being 'promised' a quid pro quo."

What isn't clear to me is what the issue is, in that exchange.  You state something that is obviously true, but I don;t know if you are just talking to hear yourself talk, amplifying deb's point, or differing with it.  If you are differing with it, I don;t understand what issue you and she are differing on.

Offline nomatter_nevermind

  • Hero Member
  • *****
  • Posts: 5447
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #18 on: April 11, 2013, 05:37:21 PM »
Maybe the state will respond by saying they aren't calling either Tracy or Sybrina Martin. 

Both are on the defense's witness list.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #19 on: April 11, 2013, 11:01:22 PM »
From Defense lawyer wants details of Trayvon Martin lawsuit - USA Today
Benjamin Crump, an attorney for Trayvon Martin's parents, said the details of the wrongful-death settlement are irrelevant and that O'Mara is simply trying to divert attention away from the facts of the criminal case.<p>

"They are trying to keep the attention off of the night George Zimmerman profiled, pursued, and killed Trayvon Martin," Crump said. "The parents entered into a confidential settlement, with confidential parties for a confidential sum... It has no bearing on the criminal matter."


Has no bearing on the criminal matter, so I filed it in the criminal case file.  LOL.

Offline RickyJim

  • Hero Member
  • *****
  • Posts: 1576
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #20 on: April 12, 2013, 08:58:38 AM »
I am curious about "Exhibit B", a letter the RATL sent to board members, property manager and volunteers on June 13, 2012.  It is apparently a notice that the insurance company (name redacted) has tendered an offer to Parks and Crump LLC to settle all claims they might have for $1M.  Why is the insurance company's name redacted?  Why are they making the tender at that time without any hint of a finding that the actions of the insured made them liable for something?

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #21 on: April 12, 2013, 09:12:54 AM »
I am curious about "Exhibit B", a letter the RATL sent to board members, property manager and volunteers on June 13, 2012.  It is apparently a notice that the insurance company (name redacted) has tendered an offer to Parks and Crump LLC to settle all claims they might have for $1M.  Why is the insurance company's name redacted?  Why are they making the tender at that time without any hint of a finding that the actions of the insured made them liable for something?

Redacted because settlement agreements are confidential and proprietary, and the insurance company does not wnat nay more people than need to know, to know that they settled.

Settlement agreements are made without trial on a cost/benefit analysis.  Even if the HOA wins a lawsuit, it costs the insurance company to defend.  Also, there is a risk of adverse publicity, in this case you know the allegation "RTL and XYZ insurance company are racist" would be made.

My homeowners policy paid out to my neighbor on a claim I cut his trees.  I didn't cut his trees, but it was cheaper to pay him that it was to go to court.

Offline vegas

  • Hero Member
  • *****
  • Posts: 683
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #22 on: April 12, 2013, 10:03:38 AM »
I got paid by a neighbor's HomeOwners policy when he cut my trees. I was shocked their was insurance to cover that.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #23 on: April 12, 2013, 10:09:34 AM »
I got paid by a neighbor's HomeOwners policy when he cut my trees. I was shocked their was insurance to cover that.

ROTFL.

Unbeknownst to you, I have video of you cutting your own trees.  The insurance company has seen the video.
« Last Edit: April 12, 2013, 10:11:30 AM by cboldt »

Offline TalkLeft

  • Administrator
  • Hero Member
  • *****
  • Posts: 1124
  • Rate Post +0/-0
    • TalkLeft: The Politics of Crime
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #24 on: April 12, 2013, 01:24:47 PM »
Both are on the defense's witness list.

That doesn't mean they will be called. It means they may be called. There is no obligation to call witnesses because you put them on a witness list.

Putting them on the defense list gives the defense the option of calling them in their case if the state does not call them, or if the state calls them but does not question them on matters the defense intends to inquire about. (cross examination is limited to the scope of direct examination.)

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #25 on: April 12, 2013, 02:21:55 PM »
MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS IN OPPOSITION TO DEFENDANT'S MOTION TO UNSEAL

http://gzlegalcase.com/index.php/court-documents/141-motion-to-determine-confidentiality-of-court-records-in-opposition-to-defendant-s-motion-to-unseal

EDIT: Crump filed it.
« Last Edit: April 12, 2013, 02:25:23 PM by FromBelow »

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #26 on: April 12, 2013, 02:33:47 PM »
MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS IN OPPOSITION TO DEFENDANT'S MOTION TO UNSEAL

http://gzlegalcase.com/index.php/court-documents/141-motion-to-determine-confidentiality-of-court-records-in-opposition-to-defendant-s-motion-to-unseal

EDIT: Crump filed it.

Appears to me to be arguing mostly the merits of the case rather than the admissibility of the evidence or the legal authority to seal the filing.  O'Mara gets the last word, if he wants it.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #27 on: April 12, 2013, 02:39:54 PM »
I haven't had a chance to read the whole thing, but the first para specifies keeping the "settlement amount" under seal. Is that legalese for the entire document? Not very intuitive. I'll keep reading.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #28 on: April 12, 2013, 02:56:50 PM »
I haven't had a chance to read the whole thing, but the first para specifies keeping the "settlement amount" under seal. Is that legalese for the entire document? Not very intuitive. I'll keep reading.

He says he wants to keep the amount and the identity of the payors a matter of secret, and until he gets to paragraph 3,  it seems he is indifferent if the rest of the agreement is made public.  At paragraph 3, he asks to seal the disclosure, as well as any references to parties and amount that may be stated in other documents filed in this case.

This pleading is almost as good as a good Bernardo rant, but obviously in a different way.  This is so full of straw men, it's a veritable army of scarecrows!

I'm going to have to research the function of 2.420(c)(9)(A)(vi).  I think that is completely inapplicable.  I see the settlement agreement as a form of business trade/secret, which falls under 2.420(c)(9)(a)(ii).  Subsection (vi) is "avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed."  There is no proceeding sought to be closed, and there is no common law or (personal) privacy right inherent in a confidential settlement agreement.   I don't know if or how citing the wrong section affects the outcome.

Paragraphs 4-11 are arguing the merits, as though to a jury.  This for PR.

Paragraph 12 is a hoot.  Releasing the information could give an unfair advantage to Zimmerman.  I'd love to hear an explanation for that.  My guess is he is trying to bait O'Mara into responding to that.   It's an irrelevant point from a secrecy standpoint, the cat is already out of the bag, and for the most part, jurors take a settlement "by defendant" as a sign of admission of culpability.

The motion is mostly gibberish, couched in legalese.  It's much funnier to a lawyer than to a layman.

Offline nomatter_nevermind

  • Hero Member
  • *****
  • Posts: 5447
  • Rate Post +0/-0
Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #29 on: April 12, 2013, 02:58:18 PM »
MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS IN OPPOSITION TO DEFENDANT'S MOTION TO UNSEAL:

Quote
Counsel . . . emphasizes their unwavering contention that the parents of Trayvon Martin in no way wanted their son killed in order to pursue a Civil Settlement.

I would call that unprofessional.

 

Site Meter
click
tracking