Wednesday, September 2, 2015

NARRG’s Continuing Legal Effort Pays Off Again


Legal Showdown:
NARRG vs. Gliebe & Williams’s NA Corporation at 4th Hearing

By: Brian Wilson, NARRG Legal Liaison
On Tuesday, August 25, 2015 in Virginia, the Fourth Court Hearing for the Legal Case of National Alliance, Pierce, et al. Plaintiffs vs. Gliebe, et al. Defendants was held. The National Alliance Reform & RestorationGroup‘s (NARRG) Virginia Attorney attended, while Defendant Erich Gliebe (who did not show personally) was represented at the Hearing by his hired Attorney. Williams’s personal Attorney did appear (and for this Court Hearing only) also represented the NA Corporation only by special appearance (and not as the NA general Attorney of record) as was duly noted in his motion papers filed with the Court. Williams himself (nor any other NA officer) did not make an appearance.
Other Defendants Jayne Cartwright and Ryan Maziarka did not appear at the Hearing, nor did they have any legal representative show up in their stead.  It should be noted that Jayne Cartwright who now serves as NA Corporation Secretary under the current Chairman Williams was formerly Treasurer of the NA Corporation while Gliebe was Chairman.
Despite Williams’s past media proclamations and his Attorney’s legal arguing at this Hearing, the National Alliance Corporation was officially declared by the Judge to be a party to the lawsuit (among other reasons) because the NA Corporation was specifically included as a party in the initial Court filings by NARRG and had already been successfully and officially served by a special process server with proof of process service properly filed with the Court; it thus has a legal duty to provide financial documents requested in discovery as a result of NARRG’s requests per the judge’s ruling.
There were four motions that day regarding the failure by both the Will Williams run National Alliance Corporation and the lawsuit Defendant Gliebe, et al. to comply with Discovery of Documents and Depositions.  In a nutshell, NARRG substantially achieved everything that was desired at this fourth Hearing that was a follow up to the initial Sanctions Hearing held previously on March 27, 2015.
The first motion was the request by NARRG for Court Sanctions against Defendant Gliebe for failure to comply with document discovery requests as required by court rules. The Judge issued an Order stating that Gliebe is prevented from providing financial evidence at trial unless the evidence is obtained and disclosed via third parties. The order provides that Gliebe can be held responsible for reimbursing NARRG’s costs incurred in obtaining documents from third parties. The issue of reimbursement of NARRG’s attorney’s fees is reserved until the trial of the case.
The second motion was the initiation by NARRG of Court Sanctions against the Williams run National Alliance Corporation for failure to comply with subpoenas and proper discovery requests. The Judge first found that the NA is a party that had been properly served with the lawsuit, and therefore must submit within 21 days of this hearing date a formal Answer to NARRG’s original complaint. In addition the Judge ordered Williams NA Corporation to submit within 60 days, all required subpoenaed documents that were requested in the original subpoenas and discovery requests. In addition, the Judge ordered that the issue of attorney’s fees resulting from their refusal to comply with Discovery would be reserved until trial.
The third motion was a Show Cause against the NA Corporation for failure to comply with a subpoena for documents issued in July 2014 while Gliebe was Chairman. In finding that the NA Corporation was a party to the NARRG lawsuit, (and thus was required to comply with Discovery), the Judge issued the aforementioned Order to Compel and did not rule on the Show Cause issue. As a the result the NA Corporation will be required to comply with the Discovery items as previously mentioned. In the event it does not comply, sanctions and further Show Cause orders against the NA are available.
The fourth motion was a NA Corporation failed Motion to Quash the NARRG’s Discovery items of the Subpoenaed financial documents to third parties. In this motion the NA Corporation special appearance Attorney tried to subvert NARRG’s Discovery of Subpoenaed documents from third parties concerning the NA Corporation. Here the NA Corporation special appearance Attorney failed to provide successful legal reasons to deny NARRG Discovery efforts, while NARRG’s Attorney did succeed in providing successful legal reasons to allow continuation of the Discovery process. Thus the Judge denied the NA Corporation’s Motion to Quash, and NARRG will be allowed to continue all of its Discovery process until the trial.
In conclusion, the NARRG team diligently continues on with its successful legal efforts, with further preparations for trial being planned. NARRG in the future will continue to produce status update reports as we plow successfully ahead towards trial. Our team’s perseverance has paid off! Onward to the trial!

Note: For those that have found the legal vernacular challenging to navigate and understand, a commentary and analysis in laymen’s terms will follow. Our attorney wished the above to be stated with exactness as you see it expressed here.

No comments:

Post a Comment