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Big Al's Books & Pals 2014 Readers' Choice Awards: Young Adult Nominee

A ruthless murder and a stolen shipment of gold.

At school, sixteen-year-old Nikaia Wales endures the taunts of bullies who call her a “half-breed.” At home, she worries about how her family will react if she reveals her growing feelings for the quiet boy next door.

Those are soon the least of her troubles. Nikaia discovers a hidden cache of gold, and when police find a corpse nearby, her father becomes a suspect. Worse, Elias Doyle is circling, hungry to avenge his brother’s death.

Nikaia desperately searches for clues to save her father. In her quest to find the killer, she learns about the power of family, friendship, and young love....

Author Topic: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345  (Read 67285 times)  

Offline MarilynVix

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #25 on: June 21, 2017, 08:02:27 PM »
I appreciate the thread being reopened.
I also appreciate this thread being reopened and being allowed to discuss the legal discussion that goes along with the case. I also appreciate the other links to the actual paperwork filed in California and am following how this will play out. I remember hearing about the troubles going on with some box sets, but didn't know the names involved. It's always good to see what happens with other people when they are dealing with things like this, ie box sets, and how to avoid issues in the future.

I also remember when Amazon changed the rules for box sets, and I think that's when things got all crazy with the situation. It's interesting to see how this has all led to a law suit like this. Thanks again for allowing the posts to go on for those of us on the board that have been following this issue.

Offline MyraScott

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #26 on: June 22, 2017, 07:37:18 AM »
Christina,

Rebecca Hamilton states that the papers were incorrectly sent to her instead of her lawyer.  Can you tell us what happened with that?

Thanks!

Offline Bards and Sages (Julie)

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #27 on: June 22, 2017, 07:49:25 AM »
Rebecca Hamilton states that the papers were incorrectly sent to her instead of her lawyer.  Can you tell us what happened with that?

I believe in most states the papers are supposed to be served to the defendant directly. Why would she think they were supposed to go to her lawyer? In the majority of cases, the plaintiff wouldn't even know who the attorney was until after the fact.

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Offline Perry Constantine

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #28 on: June 22, 2017, 08:21:25 AM »
I believe in most states the papers are supposed to be served to the defendant directly. Why would she think they were supposed to go to her lawyer? In the majority of cases, the plaintiff wouldn't even know who the attorney was until after the fact.

That's correct, papers are served in person directly to the defendant. I have no idea why she thinks it goes to the lawyer, but that's absolutely false.

Offline J.A. Sutherland

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #29 on: June 22, 2017, 08:25:14 AM »
I believe in most states the papers are supposed to be served to the defendant directly. Why would she think they were supposed to go to her lawyer? In the majority of cases, the plaintiff wouldn't even know who the attorney was until after the fact.

Yes. Only after the first service and an attorney has filed a notice of appearance would further filings go to the attorney.

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Offline J.A. Sutherland

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #30 on: June 22, 2017, 08:48:36 AM »
Rebecca Hamilton states that the papers were incorrectly sent to her instead of her lawyer.  Can you tell us what happened with that?

Also, the appropriate response when served something like this is to send it to one's attorney and then SHUT THE F UP!

Clients who talk publicly about ongoing cases are an attorney's nightmare and the opposition's dream.

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Offline MyraScott

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #31 on: June 22, 2017, 09:21:53 AM »
Rebecca Hamilton has also stated she is planning to have the case moved to Federal court.  Since it was filed in CA, it would still be in CA as a Federal case.  Does anyone know how that changes the stakes?  It wouldn't be the venue, obviously.

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #32 on: June 22, 2017, 09:27:58 AM »
The only thing I can wonder is if it's because the QBW LLC still has a Florida address? But then again, if no one is actually there to be served, that's a whole different kind of problem.

I read the same thing as you did Myra as I think the Genre Crave stuff is being handed out like tissues. I was really surprised Rebecca is saying her lawyer wants to take this to Federal court. Maybe those who were/are lawyers can explain if there's some kind of advantage to doing that? I would think it would be a bad idea with the stuff we now know about Paypal and how much of the business was conducted through Family and Friends . . . but I don't know, would Federal court bring more protections to a defendant business?


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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #33 on: June 22, 2017, 09:43:03 AM »
Rebecca Hamilton has also stated she is planning to have the case moved to Federal court.  Since it was filed in CA, it would still be in CA as a Federal case.  Does anyone know how that changes the stakes?  It wouldn't be the venue, obviously.

Not necessarily.  Once a case has been removed to the federal courts, venue could be changed to another jurisdiction by request.  Is it still the case though that state filings can only be removed to federal filings if they should've been federally filed in the first place?

Offline J.A. Sutherland

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #34 on: June 22, 2017, 09:45:59 AM »
Rebecca Hamilton has also stated she is planning to have the case moved to Federal court.  Since it was filed in CA, it would still be in CA as a Federal case.  Does anyone know how that changes the stakes?  It wouldn't be the venue, obviously.

Removing to Federal court could potentially disrupt a plaintiff's trial strategy.
Federal juries are sometimes believed to award lower damages (as they're drawn from rural areas as well).
There are somewhat more limited rules of discovery.
There's a belief they're more inclined to grant motions of dismissal and summary judgment.
There are also, as of today, 105 Federal judgeships vacant -- roughly 15% -- sometimes making Federal much slower than State.

So here's a common scenario: Removed to Federal Court. Defense files Motion to Dismiss. Motion sits for a very long time, during which some (not all) Federal districts don't allow discovery to proceed. End result: long, long delay during which the plaintiff can't get the discovery info -- followed by more long delays for each motion and hearing.


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Offline inconsequential

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #35 on: June 22, 2017, 09:50:24 AM »
Just because someone asks to have their case moved to federal court, does that automatically mean it will happen? Or could the request be denied?

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #36 on: June 22, 2017, 09:56:34 AM »
Just want to chime in that J.A. is correct about keeping quiet.  Because so many in the community have donated and are invested either financially or emotionally, I spoke with my attorney at length about what I can share and what I can't. She was very clear that we would not be sharing strategy. But she absolutely gave me the OK to share things after they happened. Which is why I did not announce that the lawsuit had been filed until after Rebecca had been served. 

Just to state for the record, all procedures were followed properly and she was served correctly. Neither my attorney nor myself has any way of knowing who her lawyer is or if she even has one. She has made a public claim that I was served with a letter from her attorney in the past, but that did not happen. I can't claim she didn't write one, or have an attorney write one, I can just say as 100% fact that I did not receive it. My prior attorney did request the contact information for what she called her "legal team"  and she declined to provide it. Still, as has been noted above, the lawsuit would be served to her regardless.

With regards to QBW Services LCC,  when the process server attempted to serve the Florida address listed,  The person at the establishment refused service and said the address was no longer valid. The process server then attempted at the forwarding address that was provided and again was turned away. We were given no other choice but to serve the LLC paperwork to her home address. She is certainly able to have her attorney file a motion to contest that service, but it will not affect the outcome of the case in the least.


Offline Perry Constantine

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #37 on: June 22, 2017, 10:18:50 AM »
So here's a common scenario: Removed to Federal Court. Defense files Motion to Dismiss. Motion sits for a very long time, during which some (not all) Federal districts don't allow discovery to proceed. End result: long, long delay during which the plaintiff can't get the discovery info -- followed by more long delays for each motion and hearing.

So seems like it's a delaying tactic.

Just because someone asks to have their case moved to federal court, does that automatically mean it will happen? Or could the request be denied?

I'm pretty sure the request has to be approved or denied, but JA seems to be very knowledgeable about this, so I'm sure I'll be told if I'm wrong.

Just want to chime in that J.A. is correct about keeping quiet.  Because so many in the community have donated and are invested either financially or emotionally, I spoke with my attorney at length about what I can share and what I can't. She was very clear that we would not be sharing strategy. But she absolutely gave me the OK to share things after they happened. Which is why I did not announce that the lawsuit had been filed until after Rebecca had been served.

Thanks for getting permission from your lawyer to keep us updated.

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #38 on: June 22, 2017, 11:09:54 AM »
When our legal system was created, if someone lived in one state sued you, a person who lived in another state, in his home
state, it was feared that that person would have a home-town advantage over you (the out-of-stater) in his state court. So, the rule was made that you, the out-of-stater defendant, could remove the case to federal court where it was presumed you would get a fairer shake (it's called "diversity"). (The colonies-turned-states didn't trust each other a whole lot.)  Nowadays to keep out the piddly stuff however, federal courts require that the amount of $$ in controversy has to be at least $75,000.

Any prospective defendant (someone who knew a lawsuit was coming) who did not know that they would be the one to receive service of the Complaint, not their lawyer, is not someone I would believe is receiving legal advice.

Federal cases are expensive and long. The common way a defendant deals with being served with an expensive lawsuit is to just file a Notice of Bankruptcy which pretty much makes the whole thing go phttt. Or, they can just ignore the whole thing, let a default judgment be entered against them, which if they are "judgement proof" (i.e. broke or have hidden their assets), makes that judgment a "paper judgment"  --not something that can be collected on.
« Last Edit: June 22, 2017, 11:32:08 AM by loraininflorida »

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Offline David VanDyke

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #39 on: June 22, 2017, 01:07:54 PM »
From my perspective, as someone not party to the suit but who contributed because I believe it sends an important message to people in our business, I mainly hope there is a judgment against the defendant for any proven wrongdoing. That is to say, if she engaged in misconduct, she should be held accountable as a way of deterring others. And I hope anyone she's defrauded gets compensated.

As I understand it, a judgment will stand forever and any money she ever makes in this business might be subject to garnishment or whatever the legal term is. So, this would be a good thing, as if she is convicted of wrongdoing, we don't want her to continue to do business in digital publishing.
« Last Edit: June 23, 2017, 12:21:07 AM by David VanDyke »


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Offline Perry Constantine

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #40 on: June 22, 2017, 01:58:00 PM »
From my perspective, as someone not party to the suit but who contributed because I believe it sends an important message to people in our business, I mainly hope there is a judgement against the plaintiff for any proven wrongdoing. That is to say, if she engaged in misconduct, she should be held accountable as a way of deterring others. And I hope anyone she's defrauded gets compensated.

I think you mean judgment against the defendant.

Offline N. D. Iverson

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #41 on: June 22, 2017, 02:40:45 PM »
The only thing I can wonder is if it's because the QBW LLC still has a Florida address? But then again, if no one is actually there to be served, that's a whole different kind of problem.

I read the same thing as you did Myra as I think the Genre Crave stuff is being handed out like tissues. I was really surprised Rebecca is saying her lawyer wants to take this to Federal court. Maybe those who were/are lawyers can explain if there's some kind of advantage to doing that? I would think it would be a bad idea with the stuff we now know about Paypal and how much of the business was conducted through Family and Friends . . . but I don't know, would Federal court bring more protections to a defendant business?
I apologize if this is off topic, but does anyone know if GenreCrave will be effected? I have a couple of promos booked with them for my new release and now I'm concerned...

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Offline Rick Gualtieri

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #42 on: June 22, 2017, 02:41:34 PM »
I apologize if this is off topic, but does anyone know if GenreCrave will be effected? I have a couple of promos booked with them for my new release and now I'm concerned...
The courts don't move nearly that fast. 


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Offline N. D. Iverson

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #43 on: June 22, 2017, 02:43:50 PM »
The courts don't move nearly that fast.

Very true. So as far as you know, their regular promos on GenreCrave are still up and running? Had I known about all this, I would have never spent the money...

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #44 on: June 22, 2017, 02:45:38 PM »
Very true. So as far as you know, their regular promos on GenreCrave are still up and running? Had I known about all this, I would have never spent the money...
I've never done business with them, so I can't answer that.  Just saying that any effect the court case will have, probably won't happen for a while.


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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #45 on: June 22, 2017, 02:46:46 PM »
Very true. So as far as you know, their regular promos on GenreCrave are still up and running? Had I known about all this, I would have never spent the money...

You can always try to request a refund and cancel them.

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Offline Moist_Tissue

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #46 on: June 22, 2017, 02:56:43 PM »
I know mods have requested to not talk about RH directly, but I hope they allow this response considering N.D. Iverson's question. If it is true her Amazon account was terminated, I would consider if Amazon has awareness of ongoing promo activities and accounts associated. I mention this because of that Free promo dite which triggered warnings for those avcounts that used their services.
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Offline PhoenixS

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #47 on: June 22, 2017, 03:03:08 PM »
Federal cases are expensive and long. The common way a defendant deals with being served with an expensive lawsuit is to just file a Notice of Bankruptcy which pretty much makes the whole thing go phttt. Or, they can just ignore the whole thing, let a default judgment be entered against them, which if they are "judgement proof" (i.e. broke or have hidden their assets), makes that judgment a "paper judgment"  --not something that can be collected on.

My layman's understanding is that you can't file for bankruptcy simply to avoid a lawsuit. That there would have to be sufficient other debt/creditors outstanding as well. There might be a temporary delay while the creditor/plaintiff files a motion to lift the stay, but those few days' relief might well pale to how unkindly a judge might look upon someone using that tactic. But IANAL, just an interested bystander, nor do I presume to know legal strategy on either side. That is what legal counsel gets paid the big bucks for.

ETA: I think some lawsuit claims -- possibly including a couple within this suit -- are non-dischargeable regardless, so even if bankruptcy were filed and upheld, it's possible the suit could still go forward. (Again, IANAL.)
« Last Edit: June 22, 2017, 03:26:37 PM by PhoenixS »

Offline N. D. Iverson

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #48 on: June 22, 2017, 03:14:25 PM »
You can always try to request a refund and cancel them.

Judging from this case, it sounds like I probably wouldn't get one...

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #49 on: June 22, 2017, 03:15:37 PM »
Judging from this case, it sounds like I probably wouldn't get one...

Doesn't hurt to ask. She's under a lot of scrutiny right now, you might actually be more likely than ever to get one.

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