A couple of things have occured since the settlement conference that was held in September.
- A court ordered mediation was scheduled for September 20, 2006; this was delayed until October 26, 2006, following a request from CCGLA’s attorney; no settlement was reached during this conference
- A Motion for Summary Judgment was filed on November 3, 2006 by CEF’s attorney
- A Motion to Compel Discovery and Sanctions was filed on November 17, 2006 by CEF’s attorney
- CCGLA filed for a motion for continuance in the case, which was not granted
- A hearing to consider the Summary Judgment, and Motion to Compel Discovery and Sanctions has been scheduled for January 12, 2007
Court Reference: 401-00994-06
Following a “settlement conference” on Wednesday between CCGLA and CEF, I have reuploaded all the previous material relating to my lawsuit against CCGLA for their actions relating to my removal as a director, and expulsion as a member.
Today I received the court order dismissing the case which I bought against CCGLA. It seems that when you withdraw your claim, it actually is taken as a dismissal – in this case without prejudice (which in legal terms means the case can be re-activated). It is nice to have this finalized.
Today, after a great deal of deliberation, I withdrew my legal action against CCGLA. It is important (to me) to document why I made this decision, as to some it may be seen as a retreat (possibly for the wrong reasons).
When I filed this claim back in November 2005, I (foolishly) believed that the justice system operated in a far more speedier manner. Given the span of over seven months, it appears I got this wrong.Three of the five remedies that I sought in my petition were no longer appropriate (relating to overturning the decision made by the CCGLA Board on November 20 and December 1), given that I no longer want to be a part of CCGLA’s Board. I also realized that even if the rules had been followed, the outcome would have been the same – just delayed.
In relation to the remaining two remedies that I sought, the first one relating to requiring the board to do their job within the parameters set out in the rules and law, it is really up to the membership to take action. As I’ve said in other posts on other topics, sadly the membership is not that interested (it’s not just a CCGLA thing, it’s a societal thing). This realization reaffirmed my decision to withdraw my complaint, along with the fact that very little would actually be gained by allowing this action to continue. In relation to the costs associated with this action, I just figured I just eat those – it was my case after all.
I think the realization that no-one would actually benefit from this case being heard, and it was really just time to move on, really was the driving force behind my decision. I am confident that I would have been successful in my case, but what good would that have really provided, especially as I no longer wanted what I was seeking back in November. It would have wasted the court’s time, and those involved with the action itself.
I wish CCGLA the best for whatever it will achieve in the future, and I am happy to have this chapter of my life close (if not with a big dogleaf).
June 30, 2006