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Author Topic: Hamilton Lawsuit, discussion & funding -- merged thread.  (Read 176487 times)  

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #800 on: May 30, 2018, 05:03:45 PM »
Christina, we appreciate anything you can tell us, but understand that sometimes it's not possible. Stay strong, we're behind you with whatever support we can give.
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Offline ChristinaGarner

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #801 on: June 08, 2018, 01:31:35 PM »
Hey everyone. I'm working on a post to update you all on where things stand with the case; I'll soon be sharing discovery that I turned over late last year with an update of where things stand.

Thanks for sticking with me.



Edited, after discussion by the Mod Team.  PM me if you have any questions.  --Betsy/KB Admin
« Last Edit: June 08, 2018, 05:39:43 PM by Betsy the Quilter »


Offline loraininflorida

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #802 on: June 08, 2018, 01:37:33 PM »
Can you tell us if this part is true?

"she [RH] had been offered a settlement in late May, which was less than what she'd paid in legal fees, and which she'd refused to take."




Moderator's note: loraininflorida has quoted something from an outside link, now removed, but this quoted bit is germain to this thread and will be allowed to remain in place.  PM me if you have any questions.  --Betsy
« Last Edit: June 08, 2018, 05:42:17 PM by Betsy the Quilter »

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Offline ChristinaGarner

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #803 on: June 08, 2018, 01:47:07 PM »
Can you tell us if this part is true?

"she [RH] had been offered a settlement in late May, which was less than what she'd paid in legal fees, and which she'd refused to take."

Thanks for asking--I'm always happy to answer anything I can.

The answer is yes, absolutely. In January of 2017, I was told we would be required to sign new contracts. At that time, I inquired about a refund. I did not know at the time, that "refund" was the incorrect term. Being asked to sign new contracts made the original contracts void, and therefore I was owed my money back not as a refund, but because an agreement was no longer in place. She refused.

In May, my attorney sent a demand letter asking for $15,000 and a retraction of the untrue claims made against me. At the time, I was out $3500 for the contracts and $4800 in legal fees. We had hoped to settle somewhere in the middle, either at a break-even point or a small loss.

That offer went completely ignored, and because of that, we filed the suit on the timeline we'd laid out in the letter. Avoiding litigation would have been best for all involved. I regret the defendant was not amenable. 


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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #805 on: June 09, 2018, 05:49:54 AM »
Christina, my understanding is that you've made offers to settle, both before the case was ever filed and recently to try and bring some resolution to this case.

Is she refusing to settle the case?  If so, what are you looking at, moving forward? Discovery?  Court date?   How much is this costing you?

Thanks

Offline ChristinaGarner

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #806 on: June 11, 2018, 11:41:44 AM »
Christina, my understanding is that you've made offers to settle, both before the case was ever filed and recently to try and bring some resolution to this case.

Is she refusing to settle the case?  If so, what are you looking at, moving forward? Discovery?  Court date?   How much is this costing you?

Thanks

We have a status conference on 6/18/2018.

Beyond that, we will be requesting discovery and filing our answer to the cross-complaint very soon.

I've always hoped that reason would prevail, and we would be able to settle this matter. Despite best efforts, we are still unable to come to agreement. I cannot speak specifically about those negotiations, but in general I will say, for me, this has never been about money.

In January 2017, my request that we settle the matter amicably was denied. After consulting three attorneys who assured me I was due the money back from the void contracts, I decided my peace of mind was worth more than $3500 and walked away.

But in April 2017, a private message between the defendant and me was made public without my consent, and the defendant retaliated with an untrue and unwarranted character assassination. While I can live without money, I cannot live without my integrity.

Even though I would like to settle this and move on, I cannot do so if it means going against my conscience, otherwise I will have lost something more valuable than money: my self-respect. I will not lie, even in an effort to end this.

This fight has been expensive and exhausting. By the time it's over, I will have spent far more than I could ever hope to receive, even should I prevail. It's taken a toll on me I would have never expected and has gone on much longer than any of us hoped. I want you all to know how deeply grateful I am for the support you have given me over the past year. It has meant more to me than I can ever express. I wish I could say this will be over soon, but I suspect it won't be.

I started this not just for me, but for all of the people who posted in the box set thread and sent messages of their own stories. But from book stuffers to cockygate, the world of indie publishing now has far bigger stories to focus on than one author's struggle against a box set promoter. I know that to continue on, I must be willing to do so of my own accord.

And I am.

Mine is the face I see when I look in the mirror, and the respect therein is worth more to me than anything. As I said to my attorney: I've been broke before.

Thank you all for everything you've done for me. Whether it was a kind word, a contribution to my legal fund, or putting yourselves in the firing line by voicing your support, each kindness has been noted and appreciated. Your belief in me and this case has kept me going.

I'll continue to post updates as I can.


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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #807 on: June 11, 2018, 01:03:08 PM »

But from book stuffers to cockygate, the world of indie publishing now has far bigger stories to focus on than one author's struggle against a box set promoter. I know that to continue on, I must be willing to do so of my own accord.

And I am.

Mine is the face I see when I look in the mirror, and the respect therein is worth more to me than anything. As I said to my attorney: I've been broke before.

Thank you all for everything you've done for me. Whether it was a kind word, a contribution to my legal fund, or putting yourselves in the firing line by voicing your support, each kindness has been noted and appreciated. Your belief in me and this case has kept me going.

Don't think for one second this isn't equally as important as the other stuff that's been popping up in the headlines.  This is about justice in the indie world, a place where some days it feels like there's far too little. 

I've been quiet on this thread lately, mainly because there are only so many hours in the day, but please don't think we've forgotten about this or stopped supporting your efforts.


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Offline HopelessFanatic

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #808 on: June 11, 2018, 01:28:50 PM »
We have a status conference on 6/18/2018.

Beyond that, we will be requesting discovery and filing our answer to the cross-complaint very soon.

I've always hoped that reason would prevail, and we would be able to settle this matter. Despite best efforts, we are still unable to come to agreement. I cannot speak specifically about those negotiations, but in general I will say, for me, this has never been about money.

In January 2017, my request that we settle the matter amicably was denied. After consulting three attorneys who assured me I was due the money back from the void contracts, I decided my peace of mind was worth more than $3500 and walked away.

But in April 2017, a private message between the defendant and me was made public without my consent, and the defendant retaliated with an untrue and unwarranted character assassination. While I can live without money, I cannot live without my integrity.

Even though I would like to settle this and move on, I cannot do so if it means going against my conscience, otherwise I will have lost something more valuable than money: my self-respect. I will not lie, even in an effort to end this.

This fight has been expensive and exhausting. By the time it's over, I will have spent far more than I could ever hope to receive, even should I prevail. It's taken a toll on me I would have never expected and has gone on much longer than any of us hoped. I want you all to know how deeply grateful I am for the support you have given me over the past year. It has meant more to me than I can ever express. I wish I could say this will be over soon, but I suspect it won't be.

I started this not just for me, but for all of the people who posted in the box set thread and sent messages of their own stories. But from book stuffers to cockygate, the world of indie publishing now has far bigger stories to focus on than one author's struggle against a box set promoter. I know that to continue on, I must be willing to do so of my own accord.

And I am.

Mine is the face I see when I look in the mirror, and the respect therein is worth more to me than anything. As I said to my attorney: I've been broke before.

Thank you all for everything you've done for me. Whether it was a kind word, a contribution to my legal fund, or putting yourselves in the firing line by voicing your support, each kindness has been noted and appreciated. Your belief in me and this case has kept me going.

I'll continue to post updates as I can.

I support you 100% in choosing to continue. I'd support you 100% in choosing not to continue, as well.

No one can fault you if you chose to stop and settle (whatever the terms). I definitely wouldn't. Everyone has a breaking point and the past year + has been heartbreakingly brutal. Most would give in. I would. I wouldn't have the strength to keep fighting against what is a nightmare that's financially, emotionally, and professionally exhaustive and damaging.

Anyone who wants to say this is about money hasn't been paying attention.

It would be completely understandable and wouldn't take away from the tenacity and strength you've already shown so far to settle on possibly unacceptable terms.

But I hope the community continues its support. Court moves slow, so slow and movement/updates are infrequent. For a lot, out of sight, out of mind.   

Thank you for continuing to update when you can. And I hope we can remember that for you it's not out of sight, out of mind. It's a daily/weekly/monthly battle.

You're strong, with a lot of integrity, and you aren't in this alone.

I agree with Rick that this is just as important as any of the other issues popping up.

Thank you for being willing to stand up and bear the burden most of us wouldn't. It says a lot about the person you are.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #809 on: June 11, 2018, 02:36:53 PM »
Christina, I just wanted to say that you are a hell of a strong woman, and I admire you greatly. This issue is just as important as any other, because it is the kind of thing that could happen to any of us. If people think they're above the law, there would be no stopping them from doing the same or worse to the next person.

We haven't forgotten you, we're behind you every step of the way, no matter what.
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Offline Perry Constantine

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #810 on: June 11, 2018, 04:42:37 PM »
Christina, you've got an unbelievable amount of integrity.

Offline MyraScott

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #811 on: June 11, 2018, 06:39:49 PM »
We're still behind you!  I can't even imagine how hard this has been.

I know the reasons that this case is important have sort of faded from people's minds, but this is serious and we need to see it through to the end, in my opinion.

Christina, you rock!



Edited. Drop me a PM if you have any questions. - Becca
« Last Edit: June 12, 2018, 10:27:42 AM by Becca Mills »

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #812 on: June 12, 2018, 04:03:35 AM »
Christina, you've got an unbelievable amount of integrity.

100% ^^

Christina has never hid inside a closed group where the narrative is strictly controlled; that speaks volumes about the integrity of her character and her case. Discussion of this case with actual facts has gone on publicly, here in this public forum. The mods have worked above and beyond to keep this thread open, which also speaks volumes about the integrity of those who run KBoards. I would like to remind anyone reading this thread that the public details of the case can be viewed at the County of LA Superior Court HERE, type in case #BC664530 and hit SEARCH. You can donate to Christina's legal fund HERE as well. Please consider donating.



Heavily edited. Thank you for the kind words, but please note there is a limit to the effort we're willing to put into any particular thread. This one has required 130 acts of moderation so far, not including the one I'm doing right now. To help us keep this and other threads open, please adhere to our WHOA principle and refrain from importing other groups' issues. - Becca
« Last Edit: June 12, 2018, 10:38:38 AM by Becca Mills »

Offline thesmallprint

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #813 on: June 12, 2018, 05:27:00 AM »
Keep on keeping on, Christina. You are in my thoughts.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #814 on: June 12, 2018, 05:31:12 AM »
Christina, you've got an unbelievable amount of integrity.

Totally agree 1000 percent.
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Offline dgaughran

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #815 on: June 12, 2018, 06:11:53 AM »
Mad respect for the resilience you have shown throughout this whole horrible case and we support you 100% whatever happens from this point onwards.
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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #816 on: June 12, 2018, 03:32:47 PM »
Will you know what your next steps are after the conference on 6/18?  An estimate on the next round of legal costs?

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #817 on: June 13, 2018, 02:00:52 PM »
I'm sorry this is still dragging on. I feel that this is an important issue and I'm surprised that it hasn't been as loudly discussed and protested as some other happenings in the community have been. I admire your tenacity and I believe that it's important that behavior like RH's isn't tolerated, but I do hope this is resolved soon so that you can move on with your life.

Still standing with you. Just want you to know you're not alone.

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Offline RedFoxUF

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #818 on: June 13, 2018, 02:58:59 PM »
Oh no. I'm still invested in this. Absolutely.  I'm not quitting on you.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #819 on: June 14, 2018, 06:05:31 AM »
I'm sorry this is still dragging on. I feel that this is an important issue and I'm surprised that it hasn't been as loudly discussed and protested as some other happenings in the community have been.

People get lawsuit fatigue. I guess that works in the defendant's favour.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #820 on: June 14, 2018, 01:12:18 PM »
People get lawsuit fatigue. I guess that works in the defendant's favour.

Yup -- I know I would. It takes a serious toll, physically, emotionally, financially, and in other areas, I'm sure. That's why support is so important.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #821 on: June 14, 2018, 02:31:08 PM »
I believe delay is a pretty effective tactic- wears people out and runs up the legal bills. :(

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #822 on: June 14, 2018, 03:47:33 PM »
Still with you Christina. Not going anywhere.

Give em hell on the 18th.


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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #823 on: June 15, 2018, 10:20:15 AM »
Have got the 18th marked on the calendar.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #824 on: June 15, 2018, 10:43:58 AM »
I've met a lot of people in nearly six decades of traveling around the sun. Every now and then, I run into some pompous fool who demands respect. I politely point out, that I don't know them and respect is something one earns, not what another gives.

Christina, you've earned my respect, as well as the respect of hundreds, perhaps thousands of authors in the indie community.
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