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Author Topic: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345  (Read 68802 times)  

Online Jan Hurst-Nicholson

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #350 on: October 28, 2017, 01:44:52 AM »
 8)  Hope you get the same judge!  :)

Fiction, family saga, humour, short stories, teen, children's
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Offline ChristinaGarner

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #351 on: October 28, 2017, 11:48:21 AM »
Thanks for the kind words and well wishes, everyone.

Jan, barring unforeseen circumstances, this will be our judge for the duration which I am very pleased about. He's proven he's willing to read each motion as well as the exhibits and make a reasoned determination, and that's the best one can hope for when going to court.

I also wanted to share my new funding page. You can find it here: https://www.gofundme.com/6we7rk-it-takes-a-community

I admit with the trial not scheduled for another year, it's likely I'll need to raise more than the amount I'm currently asking, but this amount should get us through discovery and any motions/hearings that arise in the next few months. I also wanted to mention that this site does not accept PayPal which I know is the preferred way for many to donate. If you'd like still contribute via PP, you're welcome to send it to me directly and I will manually update the amount on the page. Those can be sent via the Friends and Family method to: christina{at}christinagarner.com.

Please know that I don't ask for help lightly. I am deeply humbled by the amount of trust you all are placing in me, and I promise to do my best to live up to that trust.

Thanks to all of you for your continued support.


Offline Elizabeth Ann West

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #352 on: October 28, 2017, 01:18:56 PM »
Donated. Glad to hear the motions went as well as they could and that your lawyer was on it. Sucks it's another year of your life and I know it's not been easy on you. I will continue to support each month as royalties come in.



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Offline lilywhite

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #353 on: October 28, 2017, 02:48:22 PM »
Donated. Keep up the good fight.

Offline TheLemontree

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #354 on: October 28, 2017, 02:59:18 PM »
Donated. Good luck. We're with you.

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Offline Marseille, France or Bust

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #355 on: October 28, 2017, 03:54:18 PM »
Bankruptcies can be contested. Years ago, when a body shop let my car get stolen and they had no insurance, I had to sue them. The guy filed a BK and I showed up at the meeting of the creditors after going through the BK with a fine tooth comb. I found outright lies in it (claiming he was single, not married, claiming he did not own the business, etc). I brought those lies to the court's attention and the BK was thrown out; dismissed.  I was then free to continue the case, which I did, and won. Unfortunately, they guy skipped to Mexico and never paid. :o(

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.

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #356 on: October 29, 2017, 04:38:09 AM »
Thanks for the kind words and well wishes, everyone.

Jan, barring unforeseen circumstances, this will be our judge for the duration which I am very pleased about. He's proven he's willing to read each motion as well as the exhibits and make a reasoned determination, and that's the best one can hope for when going to court.

I also wanted to share my new funding page. You can find it here: https://www.gofundme.com/6we7rk-it-takes-a-community

I admit with the trial not scheduled for another year, it's likely I'll need to raise more than the amount I'm currently asking, but this amount should get us through discovery and any motions/hearings that arise in the next few months. I also wanted to mention that this site does not accept PayPal which I know is the preferred way for many to donate. If you'd like still contribute via PP, you're welcome to send it to me directly and I will manually update the amount on the page. Those can be sent via the Friends and Family method to: christina{at}christinagarner.com.

Please know that I don't ask for help lightly. I am deeply humbled by the amount of trust you all are placing in me, and I promise to do my best to live up to that trust.

Thanks to all of you for your continued support.

Ah- I missed this yesterday! Thanks for the update, Christina!

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #357 on: October 29, 2017, 08:55:01 AM »
Ah- I missed this yesterday! Thanks for the update, Christina!

Sarah, just in case you or anyone else didn't see the newest post regarding the case, I'm linking here: http://www.kboards.com/index.php/topic,252500.msg3584116.html#msg3584116

I made two updates within a day so I didn't want the above to get lost in the shuffle.

I also wanted to thank those of you who have donated to this new round of funding. If I replied individually it would clog the thread, but please know I appreciate each of you very much.


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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #358 on: October 31, 2017, 07:09:57 PM »
Kicked a bit more in. This is such a slow process.  >:(
NINC President-Elect, 2018. My Amazon Bestselling, ten-volume Jesse McDermitt Series and the spinoff,  three-volume Charity Styles Series, also Amazon Bestsellers, are available in ebook, audiobook, and paperback, with many more exciting adventures to come. In my motivational non-fiction, Blue Collar to No Collar, I provide tips, advice, and strategies for new authors, and is also available in the same formats. Don't forget to visit the Ship's Store for Jesse McDermitt swag.
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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #359 on: November 01, 2017, 06:45:08 AM »
Donated!

I can't think of a more worthy cause in the publishing world.


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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #360 on: November 01, 2017, 06:11:19 PM »
You are an amazing person Christina and I have to say Wayne is in the same league.

Please get the new fund site up, I'm up North but would do something as meager as it is.

My only suggestion is to keep reading this post and the support here as well as your friends.  The process can wear you down over time even though you are in the right.

Stay Positive! 
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Transference Zombie bk 2: 33%
No matter what.  STAY POSITIVE!
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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #361 on: November 02, 2017, 04:07:37 PM »
You are an amazing person Christina and I have to say Wayne is in the same league.

Please get the new fund site up, I'm up North but would do something as meager as it is.

My only suggestion is to keep reading this post and the support here as well as your friends.  The process can wear you down over time even though you are in the right.

Stay Positive!

It's up, Tommy.

https://www.gofundme.com/6we7rk-it-takes-a-community

We're 1/4 of the way there!
NINC President-Elect, 2018. My Amazon Bestselling, ten-volume Jesse McDermitt Series and the spinoff,  three-volume Charity Styles Series, also Amazon Bestsellers, are available in ebook, audiobook, and paperback, with many more exciting adventures to come. In my motivational non-fiction, Blue Collar to No Collar, I provide tips, advice, and strategies for new authors, and is also available in the same formats. Don't forget to visit the Ship's Store for Jesse McDermitt swag.
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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #362 on: November 03, 2017, 06:48:16 AM »
I've been traveling for work and away from my computer, so my apologies for these late thanks. Bill, Wayne, your generosity is overwhelming. As is the continued support from the community. I could not do this without you. Please know how much I appreciate each donation and word of support.


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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #363 on: November 13, 2017, 03:40:26 PM »
Ten days, any update, Christina?

Y'all, I'm disappointed. No donations in ten days? And only 25% funded after sixteen days? I know money can be tight, been there, got the tee-shirt. Surely, the price of a pizza once a week won't hurt. The alternative is to let scammers continue taking money out of your pocket. Either way, it's your money. Do you want it to go to something good and right, or to line the pockets of a cheat?
NINC President-Elect, 2018. My Amazon Bestselling, ten-volume Jesse McDermitt Series and the spinoff,  three-volume Charity Styles Series, also Amazon Bestsellers, are available in ebook, audiobook, and paperback, with many more exciting adventures to come. In my motivational non-fiction, Blue Collar to No Collar, I provide tips, advice, and strategies for new authors, and is also available in the same formats. Don't forget to visit the Ship's Store for Jesse McDermitt swag.
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Wayne Stinnett | Website | Blog | Facebook | Twitter | Amazon Author Page | Motivational Videos | Down Island Press | Ship's Store Swag

Offline Nicholas Erik

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #364 on: November 14, 2017, 02:28:27 AM »
Donated again.

Nick

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #365 on: November 14, 2017, 02:35:05 AM »
Wishing you continued support Christina and I'll share your gofundmepage on my social media.

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #366 on: November 14, 2017, 07:06:49 AM »
Thanks, everyone. I appreciate the continued support.

Unfortunately, I can't say very much right now. I can tell you we are in the discovery process. Their requests of me total approximately 70 pages.

This month we will get either another motion or an answer for the suit. It's my understanding she plans to file a countersuit, and if that's the case, I believe it will come with the answer. 


Offline evdarcy

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #367 on: November 14, 2017, 10:52:07 AM »
Thanks, everyone. I appreciate the continued support.

Unfortunately, I can't say very much right now. I can tell you we are in the discovery process. Their requests of me total approximately 70 pages.

This month we will get either another motion or an answer for the suit. It's my understanding she plans to file a countersuit, and if that's the case, I believe it will come with the answer.

I'm really sorry - but I don't really understand what any of this means!  Can someone break it down into baby speak for me please?

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Offline loraininflorida

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #368 on: November 14, 2017, 11:36:31 AM »
In a lawsuit, both sides get to demand the other side turn over information (documents and answers to specific written questions) to them. This is called "Discovery".  If someone wants to be a #1@!! about it, they can send a boatload of discovery demands to the other side because they know that will drive the attorney costs up because it takes time for the attorney to put together a response. All of the judges I know would almost certainly consider 70 pages of discovery demands to be abusive of this process and would order the party to cut it down to size or just disallow a lot of the demands. But again, this takes time and attorney cost.

When you sue somebody, they have to file an "Answer" to your lawsuit. That's what gets the court case really rolling. However, there are a lot of things a Defendant can do to putz around to delay having to file their "Answer".

A countersuit is when you sue somebody, and they sue you back.

Lorain O'Neil

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #369 on: November 14, 2017, 12:30:52 PM »
Hang in there, Christina. <3 I know these things can really drain a person. Just remember, you're doing the right thing and standing for a lot of people who couldn't do it themselves.

Just wanted to bring the donation link to the forefront, so those who want easy access to it don't have to hunt it down: https://www.gofundme.com/6we7rk-it-takes-a-community.

Please correct me if this isn't the most current link.

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #370 on: November 14, 2017, 07:55:42 PM »
Happy to contribute again. Willing to bet I'm more stubborn than RH.

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #371 on: November 15, 2017, 02:32:18 AM »
Happy to contribute again. Willing to bet I'm more stubborn than RH.
You might not have her seemingly endless sources of funding however.

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #372 on: November 15, 2017, 04:04:04 AM »
You might not have her seemingly endless sources of funding however.

RH has a rapidly dwindling circle of allies. Christina has the whole community behind her.

I know who my money is on.

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #373 on: November 15, 2017, 06:21:30 AM »
RH has a rapidly dwindling circle of allies. Christina has the whole community behind her.

I know who my money is on.

Same here.
NINC President-Elect, 2018. My Amazon Bestselling, ten-volume Jesse McDermitt Series and the spinoff,  three-volume Charity Styles Series, also Amazon Bestsellers, are available in ebook, audiobook, and paperback, with many more exciting adventures to come. In my motivational non-fiction, Blue Collar to No Collar, I provide tips, advice, and strategies for new authors, and is also available in the same formats. Don't forget to visit the Ship's Store for Jesse McDermitt swag.
Semper Fi,
Wayne Stinnett | Website | Blog | Facebook | Twitter | Amazon Author Page | Motivational Videos | Down Island Press | Ship's Store Swag

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Re: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345
« Reply #374 on: November 15, 2017, 08:42:48 AM »
Donated. Wish it could be more.