Re: Breaking News: HTWF rejects Settlement / MJ Estate versus Melissa Johnson and HTWF **PAGE 76**
this is the new lawyer
http://www.smithchapman.com/ssmith.php
this is the new lawyer
http://www.smithchapman.com/ssmith.php
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MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF lost the Appeal
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Re: Breaking News: HTWF rejects Settlement / MJ Estate versus Melissa Johnson and HTWF **PAGE 76**
Never ending HTWF case has a little new information
As reported earlier HTWF has a new lawyer and asking for an extension to file an appeal and a relief from judgement.
The recent and unsealed document shows us what we thought was true - the judge had enforced the settlement agreement.
Now HTWF is asking the judge to reverse that order because their previous lawyer (Edward Pease) "breached his duties of loyalty, confidentiality and competence" in a "newly discovered evidence". Whatever evidence they are talking about is currently not public pending judge's determination - meaning judge can chose to seal them or make them public.
if you remember previously they had argued that Melissa didn't have the power to sign for the charity and it needed board of directors approval. Apparently that argument didn't fly and now they are blaming the old lawyer for tricking Melissa Johnson into signing the settlement.
There's a hearing set for October 24.
Never ending HTWF case has a little new information
As reported earlier HTWF has a new lawyer and asking for an extension to file an appeal and a relief from judgement.
The recent and unsealed document shows us what we thought was true - the judge had enforced the settlement agreement.
Now HTWF is asking the judge to reverse that order because their previous lawyer (Edward Pease) "breached his duties of loyalty, confidentiality and competence" in a "newly discovered evidence". Whatever evidence they are talking about is currently not public pending judge's determination - meaning judge can chose to seal them or make them public.
if you remember previously they had argued that Melissa didn't have the power to sign for the charity and it needed board of directors approval. Apparently that argument didn't fly and now they are blaming the old lawyer for tricking Melissa Johnson into signing the settlement.
There's a hearing set for October 24.
elusive moonwalker
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Thanks ivy. looks like they are trying every trick in the book to get out of the settlement
Thanks ivy. looks like they are trying every trick in the book to get out of the settlement
Petrarose
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Thanks Ivy. It seems in their eyes they have much at stake so they are trying every trick to win this case. Michael's name, it appears would have generated much anticipated income for them. I guess it pains them to see potential dollars drifting away, because I have never seen anyone fight so hard for a "charity."
When people make fun of Michael, they really do not understand how much people depend on him to make money.
Thanks Ivy. It seems in their eyes they have much at stake so they are trying every trick to win this case. Michael's name, it appears would have generated much anticipated income for them. I guess it pains them to see potential dollars drifting away, because I have never seen anyone fight so hard for a "charity."
When people make fun of Michael, they really do not understand how much people depend on him to make money.
mynameiscande1
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Ivy, is tomorrow the hearing of Melissa's appeal?
Ivy, is tomorrow the hearing of Melissa's appeal?
Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
yes.
there's also some interesting developments. but I'll wait till the hearing information is available to post them all.
yes.
there's also some interesting developments. but I'll wait till the hearing information is available to post them all.
Silouette
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Thank you Ivy.
Thank you Ivy.
windy09
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Re: Breaking News: HTWF rejects Settlement / MJ Estate versus Melissa Johnson and HTWF **PAGE 76**
Thank you Ivy.
Thank you Ivy.
Ashtanga
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Me too. :timer:
Me too. :timer:
passy001
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Some updates from Leslie: http://www.blogger.com/comment.g?bl...164100814716048679&page=1&token=1319881982827
In the Melissa Johnson case they had a judgement again yesterday, what the court didn't make public. What comes out from previous documents is that Johnson was worried about that her past actions would affect her personal property, and now she tries to act only as a representative of the defendants in this case. She still claims that she didn't agree to the previous amended judgement and claims some of the properties as hers.
Most probably the court ruled in the MJ Estate's favor.
How can she claim to be acting as a representative of the defendants when she is in fact one of the defendants in this case? This woman is nuts for sure. Thank goodness the court didn't see it that way.
Some updates from Leslie: http://www.blogger.com/comment.g?bl...164100814716048679&page=1&token=1319881982827
In the Melissa Johnson case they had a judgement again yesterday, what the court didn't make public. What comes out from previous documents is that Johnson was worried about that her past actions would affect her personal property, and now she tries to act only as a representative of the defendants in this case. She still claims that she didn't agree to the previous amended judgement and claims some of the properties as hers.
Most probably the court ruled in the MJ Estate's favor.
How can she claim to be acting as a representative of the defendants when she is in fact one of the defendants in this case? This woman is nuts for sure. Thank goodness the court didn't see it that way.
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Memefan
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
the defendant=HTW (Melissa Jonhson edition).
She wants to separate herself(the person), her properties from her charity (HTW), which is a corp/entity under the law.
That's how I understand it. Nothing unusual. What a waste of time and money.
Are MJ's kids pictures still on her website?
the defendant=HTW (Melissa Jonhson edition).
She wants to separate herself(the person), her properties from her charity (HTW), which is a corp/entity under the law.
That's how I understand it. Nothing unusual. What a waste of time and money.
Are MJ's kids pictures still on her website?
passy001
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
I think she's trying to remove herself from the agreement. Remember, the Estate sued both her and the fake HTWF. and when the agreement was reached it was between her, HTWF and the Estate because her attorney was representing both her and the HTWF during that suit. Therefore this agreement covered both her "properties" and the one she transferred to the fake HTWF. That's the way I always understood it. Ivy can clarify later since she's got all the court documents.
I think she's trying to remove herself from the agreement. Remember, the Estate sued both her and the fake HTWF. and when the agreement was reached it was between her, HTWF and the Estate because her attorney was representing both her and the HTWF during that suit. Therefore this agreement covered both her "properties" and the one she transferred to the fake HTWF. That's the way I always understood it. Ivy can clarify later since she's got all the court documents.
Okay let me give you a detailed update
Now as you know multiple things are going on with the HTWF lawsuit. First of all HTWF is asking for "motion for relief from judgement" and then there was the "Extension of time to file notice of appeal". MJ Estate is on the other hand is still trying to get the control of trademarks. And as you all know there was a hearing on October 24.
Still most of the documents are being filed under the seal although a few is public record. There was an interesting declaration by Melissa Johnson. First let's establish that it wasn't sealed.
This declaration had a series of emails between Melissa Johnson and her former lawyer Edgar Pease- which turned out to be highly interesting.
On these emails we see that Melissa Johnson accused Pease of sending a list of her domains including her personal domains to MJ Estate and she says that's the reason that he was fired. Pease tells her that the list of the domains had already been given to the court during discovery phase. Pease is adamant that he did not send any documents that wasn't already public record and/ or filed with the court.
We also learn a little more about the settlement. Like I predicted (if you remember it), it turns out that Melissa was given monetary compensation for settlement.
As you can see MJ Estate had offered to pay all the expenses Melissa had per settlement.
In another document filed by HTWF we learn that Estate didn't pay the expenses because they believed the numbers they were submitted was inflated.
From Edgar Pease's email we also learn that the TMZ story of Melissa getting a chair in the board of directors of HTWF was true but it didn't go as planned for Melissa either.
Pease also writes in his email the following "I will never work for on your behalf again nor will I ever work on behalf of any entities to which you or Mel are involved or related".
I personally do not think Pease and Melissa's relationship got any better because while asking for rejection of the court judgement / file an appeal Melissa is blaming Pease (her claims are sealed). All we can see is below:
There is substantial evidence, both prior to and subsequent to the Court’s ruling, that Defendants’ then-attorney had abdicated his duties to his client, and was actively attempting to undermine Defendants’ case.
After these both HTWF and MJ Estate had filed other documents. It turns out that the Judge decided to revise her judgement and asked feedback from both sides.
HTWF argued that Melissa Johnson's personal property should be left out of the judgement. Interestingly they say the trademarks she registered on her own name is her personal property. Example of these trademarks are MJ, Make the change and HTWF.
As you can guess MJ Estate is arguing that those are not her "personal" property but the stuff she trademarked for HTWF and therefore should be transferred to them.
Now if you ask me what the judge decided about the extension of time to file an appeal and what did the judge decide about the "personal" property. I don't know. The documents are sealed.
but we have a HTWF supporter ,that you all know, who appears to have knowledge and tweet about confidential information.
And I know you'll ask me what will happen with the appeal. My personal opinion is that the changes of HTWF winning this appeal is slim. As far as I know (and correct me if I'm wrong) when there's a judge's decision (not a jury trial) appeal only involves the examination of if the judge followed the law, procedures etc.
Now as you know multiple things are going on with the HTWF lawsuit. First of all HTWF is asking for "motion for relief from judgement" and then there was the "Extension of time to file notice of appeal". MJ Estate is on the other hand is still trying to get the control of trademarks. And as you all know there was a hearing on October 24.
Still most of the documents are being filed under the seal although a few is public record. There was an interesting declaration by Melissa Johnson. First let's establish that it wasn't sealed.
This declaration had a series of emails between Melissa Johnson and her former lawyer Edgar Pease- which turned out to be highly interesting.
On these emails we see that Melissa Johnson accused Pease of sending a list of her domains including her personal domains to MJ Estate and she says that's the reason that he was fired. Pease tells her that the list of the domains had already been given to the court during discovery phase. Pease is adamant that he did not send any documents that wasn't already public record and/ or filed with the court.
We also learn a little more about the settlement. Like I predicted (if you remember it), it turns out that Melissa was given monetary compensation for settlement.
As you can see MJ Estate had offered to pay all the expenses Melissa had per settlement.
In another document filed by HTWF we learn that Estate didn't pay the expenses because they believed the numbers they were submitted was inflated.
From Edgar Pease's email we also learn that the TMZ story of Melissa getting a chair in the board of directors of HTWF was true but it didn't go as planned for Melissa either.
Pease also writes in his email the following "I will never work for on your behalf again nor will I ever work on behalf of any entities to which you or Mel are involved or related".
I personally do not think Pease and Melissa's relationship got any better because while asking for rejection of the court judgement / file an appeal Melissa is blaming Pease (her claims are sealed). All we can see is below:
There is substantial evidence, both prior to and subsequent to the Court’s ruling, that Defendants’ then-attorney had abdicated his duties to his client, and was actively attempting to undermine Defendants’ case.
After these both HTWF and MJ Estate had filed other documents. It turns out that the Judge decided to revise her judgement and asked feedback from both sides.
HTWF argued that Melissa Johnson's personal property should be left out of the judgement. Interestingly they say the trademarks she registered on her own name is her personal property. Example of these trademarks are MJ, Make the change and HTWF.
As you can guess MJ Estate is arguing that those are not her "personal" property but the stuff she trademarked for HTWF and therefore should be transferred to them.
Now if you ask me what the judge decided about the extension of time to file an appeal and what did the judge decide about the "personal" property. I don't know. The documents are sealed.
but we have a HTWF supporter ,that you all know, who appears to have knowledge and tweet about confidential information.
And I know you'll ask me what will happen with the appeal. My personal opinion is that the changes of HTWF winning this appeal is slim. As far as I know (and correct me if I'm wrong) when there's a judge's decision (not a jury trial) appeal only involves the examination of if the judge followed the law, procedures etc.
passy001
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
Thank you Ivy for all the efforts in updating us.
This is exactly what I have been thinking. She's trying to pull a fast one by claiming that those trademarks are now hers and not the fake HTWF. which is simply not true since she transferred all the trademarks under her name to the fake HTWF so she can scam people. Even so I don't think she's ll go anywhere with this. Wasn't Melissa Johnson a defendant in this case? if so, clearly this agreement must have covered her as well since she was even offered a seat to the real HTWF.
and the revelation of Pease emails is shocking. The poor chap got burned by his own client and i am sure his testimony will be used by the Estate in support of their contention to deny the fake HTWF's appeal.
Thank you Ivy for all the efforts in updating us.
This is exactly what I have been thinking. She's trying to pull a fast one by claiming that those trademarks are now hers and not the fake HTWF. which is simply not true since she transferred all the trademarks under her name to the fake HTWF so she can scam people. Even so I don't think she's ll go anywhere with this. Wasn't Melissa Johnson a defendant in this case? if so, clearly this agreement must have covered her as well since she was even offered a seat to the real HTWF.
and the revelation of Pease emails is shocking. The poor chap got burned by his own client and i am sure his testimony will be used by the Estate in support of their contention to deny the fake HTWF's appeal.
Rhilo;3523513 said:^Thanks Ivy, but what does it all mean in layman terms? Is the Estate the winner...?
Currently settlement is enforced - so yay for MJ Estate.
We have no idea about the trademarks in Melissa Johnson's name. However if the judge believes Estate should get them as well, we should be able to see transfer of them within a few months.
Depending on the result of the appeal everything can change - however I think it's unlikely.
passy001;3523514 said:
no she's not a party and that's the argument that HTWF is using. That Melissa Johnson wasn't personally sued and her personal property should be left out. However seeing the Estate's document I believe they have a strong point. For example:
Estate argues that the "personal property" claim is new and wasn't mentioned before.
Estate argues that for example claiming HTWF trademark is a personal property is absurd when it's clearly stands for the charity.
All of the documents listed those items as "defendants"
Estate also uses Melissa's deposition in which she said "This [other] MJ trademark was stopping the progress of my own MJ 009 mark, for the charity, so I pushed…” and "I told Brian Oxman about the HTWF trademark I had secured for Heal the World…”"
As I said we don't know what the ruling is but as the time goes on we should able to understand it by looking to see if the trademarks are transferred or not.
passy001
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
But if the agreement stands, surely the Estate will have to compensate Melissa Johnson. Can the Judge decide on the compensation since the Estate is disputing the numbers offered by Melissa Johnson. and what would happen of Melissa Johnson being a member of the board of directors, assuming the agreement stands?
But if the agreement stands, surely the Estate will have to compensate Melissa Johnson. Can the Judge decide on the compensation since the Estate is disputing the numbers offered by Melissa Johnson. and what would happen of Melissa Johnson being a member of the board of directors, assuming the agreement stands?
Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
yes
In one of the papers Estate was mentioning a special master to oversee the enforcement of the settlement. So my guess either a court appointed third party or the court itself will resolve all the disagreements.
Pease's email make it sound like she's out of the picture because she's unstable. It's hard to says something without knowing the settlement but if it had a moral rule or stability rule, they could have terminated that position based on that.
yes
In one of the papers Estate was mentioning a special master to oversee the enforcement of the settlement. So my guess either a court appointed third party or the court itself will resolve all the disagreements.
Pease's email make it sound like she's out of the picture because she's unstable. It's hard to says something without knowing the settlement but if it had a moral rule or stability rule, they could have terminated that position based on that.
missred07
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
God~~~~~I can't believe this crap still goes on. Does this mean that they want to challenge all the settlement before? All these people made me sick. It's even more sad to know that Jackson family is supporting all these nonsense.
God~~~~~I can't believe this crap still goes on. Does this mean that they want to challenge all the settlement before? All these people made me sick. It's even more sad to know that Jackson family is supporting all these nonsense.
Ashtanga
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Re: Update: Settlement Enforced - HTWF filing Appeal / MJ Estate versus Melissa Johnson and HTWF
The schedule is set as follows:
Mediation Questionnaire due on 11/29/2011.
Transcript ordered by 12/22/2011.
Transcript due 03/21/2012.
Appellants Heal The World Foundation, United Fleet opening brief due 04/30/2012.
Appellees John G. Branca, John McClain, Triumph International, Inc. answering brief due 05/30/2012.
Appellant's optional reply brief is due 14 days after service of the answering brief.
so the never ending HTWF lawsuit is continuing. The appeal process is going to take several months.
superior court is going to look over to the court decisions about settlement and the decision to enforce it and will decide if it was the correct decision or not.
The schedule is set as follows:
Mediation Questionnaire due on 11/29/2011.
Transcript ordered by 12/22/2011.
Transcript due 03/21/2012.
Appellants Heal The World Foundation, United Fleet opening brief due 04/30/2012.
Appellees John G. Branca, John McClain, Triumph International, Inc. answering brief due 05/30/2012.
Appellant's optional reply brief is due 14 days after service of the answering brief.
so the never ending HTWF lawsuit is continuing. The appeal process is going to take several months.
And what does that mean?
superior court is going to look over to the court decisions about settlement and the decision to enforce it and will decide if it was the correct decision or not.
maral
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
so this may take a few years? oh lord
so this may take a few years? oh lord
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
probably not years. Appeal court will have everything by mid -June. Probably a decision will come by the end of the summer.
probably not years. Appeal court will have everything by mid -June. Probably a decision will come by the end of the summer.