Griever/Plaintiff's Position Statement/archive - Revision history

Woozle: archive header; category

2015-08-15T01:17:08Z

archive header; category

← Older revision		Revision as of 01:17, 15 August 2015
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			{{hdr/archive}}
			[[category:Griever]]
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	~~=={{hide\|Navigation}}==~~
	~~[[Category:SvsG Documents]]~~
	~~[[Staddon vs. Griever]]: [[SvsG:Plaintiffs' Position Statement\|Plaintiffs' Position Statement]]: [[SvsG:Plaintiffs' Position Statement/archive\|archive]]~~
	==Overview==		==Overview==
	Plaintiff had originally planned to submit this document to the Defendants for response as an Interrogatory, but as the process stands now this is not expected to happen. It remains an accurate and more-or-less complete statement of the Plaintiff's position on the matter being officially pursued, although it does not bring up some side issues, such as equipment retained by the Defendants and royalties from the [[Xmas CD Project]], which are not part of the official suit but which may come up in mediation.		Plaintiff had originally planned to submit this document to the Defendants for response as an Interrogatory, but as the process stands now this is not expected to happen. It remains an accurate and more-or-less complete statement of the Plaintiff's position on the matter being officially pursued, although it does not bring up some side issues, such as equipment retained by the Defendants and royalties from the [[Xmas CD Project]], which are not part of the official suit but which may come up in mediation.

Woozle: Woozle moved page SvsG:Plaintiffs' Position Statement/archive to Griever/Plaintiff's Position Statement/archive: reorganizing

2015-08-15T01:15:49Z

Woozle moved page SvsG:Plaintiffs' Position Statement/archive to Griever/Plaintiff's Position Statement/archive: reorganizing

← Older revision	Revision as of 01:15, 15 August 2015
(No difference)

Woozle: fixed navbar, overview, and indentation yet again :-P

2006-10-25T23:49:03Z

fixed navbar, overview, and indentation yet again :-P

← Older revision		Revision as of 23:49, 25 October 2006
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			=={{hide\|Navigation}}==
	[[Category:SvsG Documents]]		[[Category:SvsG Documents]]
	[[Staddon vs. Griever]]: [[~~{{PAGENAME}}~~\|Plaintiffs' Position Statement]]		[[Staddon vs. Griever]]: [[SvsG:Plaintiffs' Position Statement\|Plaintiffs' Position Statement]]: [[SvsG:Plaintiffs' Position Statement/archive\|archive]]
			==Overview==
	Plaintiff had originally planned to submit this document to the Defendants for response as an Interrogatory, but as the process stands now this is not expected to happen. It remains an accurate and more-or-less complete statement of the Plaintiff's position on the matter being officially pursued, although it does not bring up some side issues, such as equipment retained by the Defendants and royalties from the [[Xmas CD Project]], which are not part of the official suit but which may come up in mediation.		Plaintiff had originally planned to submit this document to the Defendants for response as an Interrogatory, but as the process stands now this is not expected to happen. It remains an accurate and more-or-less complete statement of the Plaintiff's position on the matter being officially pursued, although it does not bring up some side issues, such as equipment retained by the Defendants and royalties from the [[Xmas CD Project]], which are not part of the official suit but which may come up in mediation.

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	=Text=		==Text==
	Please indicate your agreement or disagreement with the following statements.		Please indicate your agreement or disagreement with the following statements.
	For each statement which you believe to be inaccurate, please explain how the statement should read in order to be correct, accurate, and true to the best of your knowledge.		For each statement which you believe to be inaccurate, please explain how the statement should read in order to be correct, accurate, and true to the best of your knowledge.
	==VBZ.NET Sales and Merchandise==		===VBZ.NET Sales and Merchandise===
	# The Plaintiffs originally agreed to conduct sales of merchandise provided by Defendants via Plaintiffs' web site ("Plaintiffs' Online Store").		# The Plaintiffs originally agreed to conduct sales of merchandise provided by Defendants via Plaintiffs' web site ("Plaintiffs' Online Store").
	# Plaintiffs' Online Store was initially on the world wide web at http://redhouse.com/store and later at http://vbz.net.		# Plaintiffs' Online Store was initially on the world wide web at http://redhouse.com/store and later at http://vbz.net.
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	# The Defendants violated these terms by failing to provide merchandise at all, instead depending on the Plaintiffs to purchase all merchandise for sale.		# The Defendants violated these terms by failing to provide merchandise at all, instead depending on the Plaintiffs to purchase all merchandise for sale.
	# The Plaintiffs in fact purchased all merchandise ever sold through said online store, with the sole exceptions of (1) the items provided by local artists under the unaltered Standard Artist's Agreement, and (2) free samples provided by suppliers		# The Plaintiffs in fact purchased all merchandise ever sold through said online store, with the sole exceptions of (1) the items provided by local artists under the unaltered Standard Artist's Agreement, and (2) free samples provided by suppliers
	===Conclusions===		====Conclusions====
	# Since no merchandise was purchased by Defendants:		# Since no merchandise was purchased by Defendants:
	#* All such merchandise currently in the possession of Defendants is property of the Plaintiff.		#* All such merchandise currently in the possession of Defendants is property of the Plaintiff.
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	# As Defendants clearly violated the terms of any agreements under which they might have been entitled to a percentage of sales, they are not entitled to any such share.		# As Defendants clearly violated the terms of any agreements under which they might have been entitled to a percentage of sales, they are not entitled to any such share.

	==Software Development==		===Software Development===
	# The software tools used to operate and maintain Plaintiffs' Online Store were developed entirely by Plaintiffs.		# The software tools used to operate and maintain Plaintiffs' Online Store were developed entirely by Plaintiffs.
	# Plaintiffs and Defendants discussed the possibility of further developing said software tools for commercial sale ("Software Development Project"), in which case Defendants would have received a share of sales for acting as sales agents.		# Plaintiffs and Defendants discussed the possibility of further developing said software tools for commercial sale ("Software Development Project"), in which case Defendants would have received a share of sales for acting as sales agents.
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	# Said software development did not come anywhere near to completion during the time Plaintiffs and Defendants were working together.		# Said software development did not come anywhere near to completion during the time Plaintiffs and Defendants were working together.
	# Due to the incomplete state of the software development, no sales of said software were made or attempted.		# Due to the incomplete state of the software development, no sales of said software were made or attempted.
	===Conclusions===		====Conclusions====
	# As there were no sales of said software, no monies are owed to Defendants for such sales.		# As there were no sales of said software, no monies are owed to Defendants for such sales.
	# As there was no agreement that Defendants should be paid for efforts toward any such sales, no monies are owed to Defendants for any such efforts.		# As there was no agreement that Defendants should be paid for efforts toward any such sales, no monies are owed to Defendants for any such efforts.

	==Benz Rental==		===Benz Rental===
	#The Plaintiffs agreed to rent the Benz to Defendant Norma Lynne Griever starting at the rate of $100 per week. (This much does not seem to be in dispute; see "[[S vs G: Defendants' Admission]] of Facts to Plaintiffs" #18)		#The Plaintiffs agreed to rent the Benz to Defendant Norma Lynne Griever starting at the rate of $100 per week. (This much does not seem to be in dispute; see "[[S vs G: Defendants' Admission]] of Facts to Plaintiffs" #18)
	#As it was known to both parties that there was considerable uncertainty about the balance of prior transactions between Plaintiffs and Defendants (that is, it was uncertain whether calculations would ultimately show a debt owed by Plaintiffs to Defendants or instead a debt owed by Defendants to Plaintiffs), it was agreed that the Benz rental would be kept as a separate matter from any other transactions unless otherwise explicitly and specifically agreed between the two parties – in other words, that any amounts due from either party to the other as a result of the storage rental agreement would not be presumed to be negated by any debt, pre-existing or otherwise, from the latter to the former, without mutual agreement to such.		#As it was known to both parties that there was considerable uncertainty about the balance of prior transactions between Plaintiffs and Defendants (that is, it was uncertain whether calculations would ultimately show a debt owed by Plaintiffs to Defendants or instead a debt owed by Defendants to Plaintiffs), it was agreed that the Benz rental would be kept as a separate matter from any other transactions unless otherwise explicitly and specifically agreed between the two parties – in other words, that any amounts due from either party to the other as a result of the storage rental agreement would not be presumed to be negated by any debt, pre-existing or otherwise, from the latter to the former, without mutual agreement to such.
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	#Such details would have been helpful in the process of retrieving the Benz		#Such details would have been helpful in the process of retrieving the Benz
	#Defendants never provided any such details		#Defendants never provided any such details
	===Conclusions===		====Conclusions====
	#As Defendants agreed to pay $100 per week for rental on the Benz, with no time-limitation specified at the time of the agreement, and as no subsequent agreement was reached between Defendants and Plaintiff which would have altered or superceded these terms, and as the vehicle remained in the possession of the Defendants, and as the Defendants refused to respond to Plaintiff Nick's efforts to arrange retrieval of the vehicle, Defendants are liable for rental charges on the Benz during the time it was in their possession.		#As Defendants agreed to pay $100 per week for rental on the Benz, with no time-limitation specified at the time of the agreement, and as no subsequent agreement was reached between Defendants and Plaintiff which would have altered or superceded these terms, and as the vehicle remained in the possession of the Defendants, and as the Defendants refused to respond to Plaintiff Nick's efforts to arrange retrieval of the vehicle, Defendants are liable for rental charges on the Benz during the time it was in their possession.
	#As Defendants refused to return the Benz upon request, and it was shown [[S vs. G: Magistrate Court Order 2\|in court]] that they had no just cause for retaining it, they are additionally liable for court and legal costs incurred in the process of recovering it.		#As Defendants refused to return the Benz upon request, and it was shown [[S vs. G: Magistrate Court Order 2\|in court]] that they had no just cause for retaining it, they are additionally liable for court and legal costs incurred in the process of recovering it.
	#As Defendants did not return the Benz to Plaintiff as soon as it became non-functional, and – by leaving it in the open without running it or subjecting it to any kind of maintenance for well over a year – allowed it to deteriorate further to the point where major repairs were required in order to return it to working condition, they are also liable for the cost of such repairs.		#As Defendants did not return the Benz to Plaintiff as soon as it became non-functional, and – by leaving it in the open without running it or subjecting it to any kind of maintenance for well over a year – allowed it to deteriorate further to the point where major repairs were required in order to return it to working condition, they are also liable for the cost of such repairs.

	==Storage Rental==		===Storage Rental===
	# During the early months of 2002, Defendants invited Plaintiff Nick to use one of Defendants' three rented storage trailers, located at 1242 Hull Road, for storing Plaintiffs' personal and business belongings.		# During the early months of 2002, Defendants invited Plaintiff Nick to use one of Defendants' three rented storage trailers, located at 1242 Hull Road, for storing Plaintiffs' personal and business belongings.
	# Said trailers were the property of Neff Rental of Athens ("Neff").		# Said trailers were the property of Neff Rental of Athens ("Neff").
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	# Defendants are also responsible for the loss of items in the trailer which Plaintiff Nick did not have time or resources to retrieve, as well as for the extra expenses incurred during recovery of some items (i.e. hiring of a 3rd party to fetch a few more items just before the deadline, when Nick couldn't make it down to Athens in time).		# Defendants are also responsible for the loss of items in the trailer which Plaintiff Nick did not have time or resources to retrieve, as well as for the extra expenses incurred during recovery of some items (i.e. hiring of a 3rd party to fetch a few more items just before the deadline, when Nick couldn't make it down to Athens in time).

	==Accounting / Debt==		===Accounting / Debt===
	Please state any disagreements you may have with any of the following attached [[SvsG:Accounting\|accountings]]:		Please state any disagreements you may have with any of the following attached [[SvsG:Accounting\|accountings]]:

Woozle: I think this was the revision I meant to leave here...

2006-10-25T23:46:48Z

I *think* this was the revision I meant to leave here...

Show changes

Woozle: /* Loose Ends */ claims

2006-10-25T23:43:54Z

Loose Ends: claims

← Older revision		Revision as of 23:43, 25 October 2006
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	==Loose Ends==		==Loose Ends==
	* As far as I can tell, we have never received a response to [[SvsG:Plaintiffs' First Requests to RDA\|Plaintiffs' First Requests to RDA]]		* As far as I can tell, we have never received a response to [[SvsG:Plaintiffs' First Requests to RDA\|Plaintiffs' First Requests to RDA]]
			==Claims==
			I haven't yet gone over this with my lawyer to make sure this is what we're actually asking for, but my understanding of what we are claiming is:
			* damages for all amounts borrowed, including unpaid rental on the Benz, currently totalling almost $40,000 (see [[SvsG:Accounting Summary\|Accounting Summary]]).
			* either:
			** return of all Red House Store merchandise left with the Grievers, in new/saleable condition, or
			** return of all Red House Store merchandise currently in the Grievers' possession, regardless of condition, plus payment equaling the resale value of any items not returned in resaleable condition

	==Overview==		==Overview==
	I have known the Grievers since approximately 1996. During that time:		I have known the Grievers since approximately 1996. During that time:

Woozle: /* Car Rental */ two

2006-10-25T23:22:35Z

Car Rental: two

← Older revision		Revision as of 23:22, 25 October 2006
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	===Car Rental===		===Car Rental===
	Lynne offered to rent my ~~1983~~ Mercedes Benz, at a rate of $100 per week, claiming that her employer would cover the cost. We agreed that since the status of our other accounts was undetermined, we would treat the Benz rental as a separate deal to be paid regardless of whether it turned out that I owed them money for Red House Store sales. The Grievers had the Benz in their possession for over two and a half years but only ever paid one week's rent.		Lynne offered to rent my 1982 Mercedes Benz, at a rate of $100 per week, claiming that her employer would cover the cost. We agreed that since the status of our other accounts was undetermined, we would treat the Benz rental as a separate deal to be paid regardless of whether it turned out that I owed them money for Red House Store sales. The Grievers had the Benz in their possession for over two and a half years but only ever paid one week's rent.

	They then refused to return the car to me until ordered to do so by the Magistrate Court. During the time the car was in their possession it stopped working. They allowed it to deteriorate to the point where it ultimately required over $2000 in repairs in order to be driveable. It also sustained additional cosmetic damage while in their possession. Unpaid rent plus damages minus some maintenance they did on it comes to over $13,000.		They then refused to return the car to me until ordered to do so by the Magistrate Court. During the time the car was in their possession it stopped working. They allowed it to deteriorate to the point where it ultimately required over $2000 in repairs in order to be driveable. It also sustained additional cosmetic damage while in their possession. Unpaid rent plus damages minus some maintenance they did on it comes to over $13,000.

Woozle: /* Borrowing */ more rephrasing

2006-10-25T23:20:07Z

Borrowing: more rephrasing

← Older revision		Revision as of 23:20, 25 October 2006
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	In 1999, the Grievers not only continued debiting the YMCA membership but also frequently neglected to pay their portion of the phone lines we shared and also began borrowing my SunTrust debit card to make purchases for themselves and asking for "emergency loans" to pay certain other bills, which I usually granted as I was then steadily employed at Carrier Transicold. They generally promised to pay back these loans and pay me back for the other expenses I covered for them, but they did not always do so. By the end of 1999, they had borrowed over $1900 more, after repayments are subtracted.		In 1999, the Grievers not only continued debiting the YMCA membership but also frequently neglected to pay their portion of the phone lines we shared and also began borrowing my SunTrust debit card to make purchases for themselves and asking for "emergency loans" to pay certain other bills, which I usually granted as I was then steadily employed at Carrier Transicold. They generally promised to pay back these loans and pay me back for the other expenses I covered for them, but they did not always do so. By the end of 1999, they had borrowed over $1900 more, after repayments are subtracted.

	The borrowing continued and grew heavier in 2000, ~~totalling~~ over $2700 ~~after repayments~~. I was very busy and distracted at this time, as I was not only working full-time at a mentally demanding job but also handling most of the operations at The Red House Store (despite sporadic help from Bubba), so although I had the feeling that their debt was growing, I did not have the time to keep up with it properly. When we discussed the situation, the conversation usually came around to the idea that the debt was being covered, or would eventually be covered, by their supposed share of sales in The Red House Store. It later turned out that their share of sales, even if calculated using the highly favorable terms of the "Standard Artist's Agreement" (which presumed that they were paying for the merchandise), had consistently turned a loss.		The borrowing continued and grew heavier in 2000, adding over $2700 to their debt. I was very busy and distracted at this time, as I was not only working full-time at a mentally demanding job but also handling most of the operations at The Red House Store (despite sporadic help from Bubba), so although I had the feeling that their debt was growing, I did not have the time to keep up with it properly. When we discussed the situation, the conversation usually came around to the idea that the debt was being covered, or would eventually be covered, by their supposed share of sales in The Red House Store. It later turned out that their share of sales, even if calculated using the highly favorable terms of the "Standard Artist's Agreement" (which presumed that they were paying for the merchandise), had consistently turned a loss.

	They borrowed another $2000 in 2001, $2300 in 2002, and nearly $600 in 2003. My job at Carrier was terminated in mid-2001, and cash became much scarcer; the continued borrowing by the Grievers caused frequent overdraft charges to my bank accounts. The borrowing, overdraft charges, unpaid car rental and other damages, plus 8% interest per year, total nearly $40,000.		They borrowed another $2000 in 2001, $2300 in 2002, and nearly $600 in 2003. My job at Carrier was terminated in mid-2001, and cash became much scarcer; the continued borrowing by the Grievers caused frequent overdraft charges to my bank accounts. The borrowing, overdraft charges, unpaid car rental and other damages, plus 8% interest per year, total nearly $40,000.

Woozle: /* Car Rental */ italics, so it won't get read aloud...

2006-10-25T23:12:46Z

Car Rental: italics, so it won't get read aloud...

← Older revision		Revision as of 23:12, 25 October 2006
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	They then refused to return the car to me until ordered to do so by the Magistrate Court. During the time the car was in their possession it stopped working. They allowed it to deteriorate to the point where it ultimately required over $2000 in repairs in order to be driveable. It also sustained additional cosmetic damage while in their possession. Unpaid rent plus damages minus some maintenance they did on it comes to over $13,000.		They then refused to return the car to me until ordered to do so by the Magistrate Court. During the time the car was in their possession it stopped working. They allowed it to deteriorate to the point where it ultimately required over $2000 in repairs in order to be driveable. It also sustained additional cosmetic damage while in their possession. Unpaid rent plus damages minus some maintenance they did on it comes to over $13,000.

	Other notes on the Benz rental are [[SvsG:Benz Rental\|here]].		''(Other notes on the Benz rental are [[SvsG:Benz Rental\|here]].)''

	===Storage Unit===		===Storage Unit===

Woozle: /* Car Rental */ other notes

2006-10-25T23:11:33Z

Car Rental: other notes

← Older revision		Revision as of 23:11, 25 October 2006
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	They then refused to return the car to me until ordered to do so by the Magistrate Court. During the time the car was in their possession it stopped working. They allowed it to deteriorate to the point where it ultimately required over $2000 in repairs in order to be driveable. It also sustained additional cosmetic damage while in their possession. Unpaid rent plus damages minus some maintenance they did on it comes to over $13,000.		They then refused to return the car to me until ordered to do so by the Magistrate Court. During the time the car was in their possession it stopped working. They allowed it to deteriorate to the point where it ultimately required over $2000 in repairs in order to be driveable. It also sustained additional cosmetic damage while in their possession. Unpaid rent plus damages minus some maintenance they did on it comes to over $13,000.

			Other notes on the Benz rental are [[SvsG:Benz Rental\|here]].

	===Storage Unit===		===Storage Unit===

Woozle: /* Storage Unit */ the rest of the storage unit story

2006-10-25T23:09:56Z

Storage Unit: the rest of the storage unit story

← Older revision		Revision as of 23:09, 25 October 2006
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	===Storage Unit===		===Storage Unit===
	The Grievers offered to provide storage space for a combination of my belongings, Red House Store merchandise, and some of their donated clothing. This was initially free but later they removed their donated clothing~~, moved the RHS merchandise into their house,~~ and began charging for storage. Bubba and I agreed that the rate would be $70 per month, with $30 of that amount being in the form of a credit towards the Benz rental and the remaining $40 in cash or check. We also agreed		The Grievers offered to provide storage space for a combination of my belongings, Red House Store merchandise, and some of their donated clothing. This was initially free but later they removed their donated clothing and began charging for storage.

			Bubba and I agreed at this time that the rate would be $70 per month, with $30 of that amount being in the form of a credit towards the Benz rental and the remaining $40 in cash or check. We also agreed that, as with the Benz rental, these payments were to be kept separate from any of the other deals, i.e. any cash amounts I agreed to pay would be paid in cash regardless of what other amounts they might owe me.

			At one time, Lynne seemed to be unhappy with the arrangement and even hinted (verbally) that my belongings might not be safe. I spoke to Bubba and obtained his personal promise (again, verbally, unfortunately) that he would guarantee the safety of my belongings.

			Later, they moved the RHS merchandise into their house and increased the rent to $150. I reluctantly agreed to this but began making arrangements to visit Athens with a rental truck and retrieve the remaining items as soon as possible. One such arrangement fell through at the last minute, and I had to postpone for another two months. During this time, Lynne made it increasingly difficult for me to arrange visits to retrieve items from the storage trailer, claiming that they were upset because of my supposed betrayals of trust (which were also never spelled out) and using this as an excuse to change the subject whenever I tried to work out the details necessary for a visit.

			Eventually, something Lynne said (I don't remember what) set off alarms in my head, and I decided to visit, without permission or further information, at the earliest opportunity. When I arrived with the truck, I found that the trailer containing my belongings had been hauled off. I was able to recover some of the more important items, but much was damaged and I had to abandon a great deal due to time limitations.

	===The Red House Store===		===The Red House Store===
	The Grievers approached me in 1997 with the idea of adding t-shirts and other commercial art products to my online store, The Red House Store a.k.a. vbz.net. I tentatively agreed, and suggested a pre-existing set of terms (the "Artist Agreement") as a basis for this arrangement. However, they soon violated their side of those pre-existing terms – most notably in that those terms presumed the artist provided all merchandise in advance of customer orders, when in fact I had been forced to buy merchandise to fill customer orders – so I said we would need to work out new terms. I sent them emails outlining possible terms on at least two occasions.		The Grievers approached me in 1997 with the idea of adding t-shirts and other commercial art products to my online store, The Red House Store a.k.a. vbz.net. I tentatively agreed, and suggested a pre-existing set of terms (the "Artist Agreement") as a basis for this arrangement. However, they soon violated their side of those pre-existing terms – most notably in that those terms presumed the artist provided all merchandise in advance of customer orders, when in fact I had been forced to buy merchandise to fill customer orders – so I said we would need to work out new terms. I sent them emails outlining possible terms on at least two occasions.