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MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF lost the Appeal
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virginia_woolf
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
1/07/2012
Michael Jackson Estate vs. Melissa Johnson
The case is back, or it has never gone! Johnson's lawyers still contend the settlement agreement between the parties that has been amended by the judge earlier. The Estate wants to make sure that they can fully protect MJ's rights. In the new documents Johnson explained that she is open for a settlement.
As a reminder: the MJ Estate is suing Johnson for illegally using some MJ trademarks and to interfere with their business.
http://lesliemjhu.blogspot.com/2012/01/legal-cases-updates.html
1/07/2012
Michael Jackson Estate vs. Melissa Johnson
The case is back, or it has never gone! Johnson's lawyers still contend the settlement agreement between the parties that has been amended by the judge earlier. The Estate wants to make sure that they can fully protect MJ's rights. In the new documents Johnson explained that she is open for a settlement.
As a reminder: the MJ Estate is suing Johnson for illegally using some MJ trademarks and to interfere with their business.
http://lesliemjhu.blogspot.com/2012/01/legal-cases-updates.html
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
In not so surprising news HTWF's lawyer has filed a motion with the court asking the judge to allow him to withdraw as the attorney for HTWF. He says he hasn't been paid by HTWF & Melissa Johnson for months.
From his filing
I was hired as counsel for Appellants on August 29, 2011 to file a Motion for Extension of Time to File Notice of Appeal, which was granted by the District Court. I also filed a Motion for Relief from Judgment, which was granted in part by the District Court.
Appellants entered into a written fee agreement for work related to the abovementioned District Court Motions. Aside from the initial retainer, I have not received any payment on the outstanding fees.
I have patiently given Appellants several months to find a way to pay for the outstanding fees as well as the past-due retainer, but I have neither received a payment nor a concrete indication that any payment is forthcoming.
Additionally, I have given Appellants an opportunity to find someone to personally guarantee the outstanding fees, but Appellants have been unable to produce a suitable guarantor.
Appellants have also been informed of the importance of compliance with all court orders and deadlines, and the possibility of sanctions or other adverse consequences if deadlines are not met, hearings are not attended, or court orders are not complied with
In not so surprising news HTWF's lawyer has filed a motion with the court asking the judge to allow him to withdraw as the attorney for HTWF. He says he hasn't been paid by HTWF & Melissa Johnson for months.
From his filing
I was hired as counsel for Appellants on August 29, 2011 to file a Motion for Extension of Time to File Notice of Appeal, which was granted by the District Court. I also filed a Motion for Relief from Judgment, which was granted in part by the District Court.
Appellants entered into a written fee agreement for work related to the abovementioned District Court Motions. Aside from the initial retainer, I have not received any payment on the outstanding fees.
I have patiently given Appellants several months to find a way to pay for the outstanding fees as well as the past-due retainer, but I have neither received a payment nor a concrete indication that any payment is forthcoming.
Additionally, I have given Appellants an opportunity to find someone to personally guarantee the outstanding fees, but Appellants have been unable to produce a suitable guarantor.
Appellants have also been informed of the importance of compliance with all court orders and deadlines, and the possibility of sanctions or other adverse consequences if deadlines are not met, hearings are not attended, or court orders are not complied with
elusive moonwalker
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Thanks ivy. What a shame
Thanks ivy. What a shame
qbee
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
So the Jacksons and Howard Mann are no longer backing M. Johnsons HTWF - They could certainly pay the attorney fees. I guess there is no longer any profit in it for them.
Ivy does this mean the Estate will win by default if Mellissa doesnt retain an attorney to proceed ?
So the Jacksons and Howard Mann are no longer backing M. Johnsons HTWF - They could certainly pay the attorney fees. I guess there is no longer any profit in it for them.
Ivy does this mean the Estate will win by default if Mellissa doesnt retain an attorney to proceed ?
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Howard Mann hasn't been backing her for some time and it makes all the sense. The only reason he was backing her was if she won he planned to use her trademarks for future products. With Melissa's chances of winning being really low and Estate's lawsuit against Mann, it probably became not a good investment for him. Mann also has been very low -key since Estate sued him.
First we need to see if the judge would allow HTWF's lawyer to withdraw or force him to stay on.
If the judge allows him to withdraw then if she can't find a lawyer till the opening statement (there's 3-4 months I believe) then yes there will be a default judgement against her.
Howard Mann hasn't been backing her for some time and it makes all the sense. The only reason he was backing her was if she won he planned to use her trademarks for future products. With Melissa's chances of winning being really low and Estate's lawsuit against Mann, it probably became not a good investment for him. Mann also has been very low -key since Estate sued him.
First we need to see if the judge would allow HTWF's lawyer to withdraw or force him to stay on.
If the judge allows him to withdraw then if she can't find a lawyer till the opening statement (there's 3-4 months I believe) then yes there will be a default judgement against her.
LastTear
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Thanks Ivy, I'm not surprised by Mann bailing on her but I thought this charity was important to Katherine (said tongue in cheek) so I am surprised that the Jackson aren't offering any legal support.
Really is time Mellisa gave it up.
Thanks Ivy, I'm not surprised by Mann bailing on her but I thought this charity was important to Katherine (said tongue in cheek) so I am surprised that the Jackson aren't offering any legal support.
Really is time Mellisa gave it up.
Ashtanga
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missred07
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
ha, What a mess the J family cause again. It really seemed that Howard Mann were laying low all these days. It's ashamed that they try to use MJ and the so called charity to profit. The whole thing just make me sick and feel so sorry for MJ and his three kids. They dared to drag those kids on TV and promote the fake charity. I guess they only see $$$$. Once there's no profit from it, they just drop the whole thing. All the projects the J family done so far using MJ's name were just horrible. One scam after another. I can't image how many crap MJ had to deal with when he was alive. No wonder he run as fast as he can and they are saying it's because he was a drug addict refusing to get help from them. SIGH
ha, What a mess the J family cause again. It really seemed that Howard Mann were laying low all these days. It's ashamed that they try to use MJ and the so called charity to profit. The whole thing just make me sick and feel so sorry for MJ and his three kids. They dared to drag those kids on TV and promote the fake charity. I guess they only see $$$$. Once there's no profit from it, they just drop the whole thing. All the projects the J family done so far using MJ's name were just horrible. One scam after another. I can't image how many crap MJ had to deal with when he was alive. No wonder he run as fast as he can and they are saying it's because he was a drug addict refusing to get help from them. SIGH
Update: Judge approved HTWF lawyer's request to withdraw. HTWF has 21 days to find new counsel or their appeal can be automatically dismissed
01/20/2012 11 Filed clerk order (Deputy Clerk: LKK): Appellants’ counsel motion to withdraw as counsel for appellant is granted. Court records shall be amended to reflect that Steven C. Smith is no longer counsel of record for appellant. Appellants are informed that a corporation cannot represent itself. See In re Highley, 459 F.2d, 554 (9th Cir. 2004). Within 21 days after the date of this order, appellants shall enter an appearance of new counsel. Failure to enter an appearance of new counsel may result in the automatic dismissal of this appeal. 9th Cir. R. 42-1. The current briefing schedule shall remain in effect.
01/20/2012 12 Terminated Steven C. Smith for United Fleet and Heal The World Foundation
01/20/2012 11 Filed clerk order (Deputy Clerk: LKK): Appellants’ counsel motion to withdraw as counsel for appellant is granted. Court records shall be amended to reflect that Steven C. Smith is no longer counsel of record for appellant. Appellants are informed that a corporation cannot represent itself. See In re Highley, 459 F.2d, 554 (9th Cir. 2004). Within 21 days after the date of this order, appellants shall enter an appearance of new counsel. Failure to enter an appearance of new counsel may result in the automatic dismissal of this appeal. 9th Cir. R. 42-1. The current briefing schedule shall remain in effect.
01/20/2012 12 Terminated Steven C. Smith for United Fleet and Heal The World Foundation
Ashtanga
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elusive moonwalker
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Failure to get a new lawyer could result in the appeal being thrown out and the estate winning
Failure to get a new lawyer could result in the appeal being thrown out and the estate winning
Victory22
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Let's hope so.
Let's hope so.
mynameiscande1
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Annita
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Originally Posted by ivy
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 now the clock is ticking. Will we hear about the decision? How long will it go?
Originally Posted by ivy
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 now the clock is ticking. Will we hear about the decision? How long will it go?
Bubs
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
I'd like to see at least some legal cases finished, and the people in the other end get nothing but boot
I'd like to see at least some legal cases finished, and the people in the other end get nothing but boot
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Actually there's been a delay in this case.
When HTWF filed the mediation questionnaire , HTWF said they are willing to discuss mediation, Estate said they weren't willing to do it. As HTWF wanted mediation, court set a date for a mediator and in the process delayed the dates to
appellants shall file the opening brief on or before June 1, 2012;
appellees shall file the answering brief on or before July 30, 2012;
appellants may file their optional reply brief within fourteen (14) days from the service date of the answering brief.
So currently the due date for start of the process is this Friday. However last week HTWF lawyer has filed a motion asking for a 90 day extension / delay . HTWF lawyer says that they couldn't get the transcripts from the court reporter and they need more time to get them and get ready for their opening brief. They also say Estate will oppose to the extension/ delay. Estate hasn't filed a counter motion yet and the court hasn't made a decision in regards to the delay yet.
I'll let you know when there's a decision either way.
Actually there's been a delay in this case.
When HTWF filed the mediation questionnaire , HTWF said they are willing to discuss mediation, Estate said they weren't willing to do it. As HTWF wanted mediation, court set a date for a mediator and in the process delayed the dates to
appellants shall file the opening brief on or before June 1, 2012;
appellees shall file the answering brief on or before July 30, 2012;
appellants may file their optional reply brief within fourteen (14) days from the service date of the answering brief.
So currently the due date for start of the process is this Friday. However last week HTWF lawyer has filed a motion asking for a 90 day extension / delay . HTWF lawyer says that they couldn't get the transcripts from the court reporter and they need more time to get them and get ready for their opening brief. They also say Estate will oppose to the extension/ delay. Estate hasn't filed a counter motion yet and the court hasn't made a decision in regards to the delay yet.
I'll let you know when there's a decision either way.
LastTear
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
I have seen around and about that HTWF (or a scammer for all I know) has set up a defence fund. Shouldn't have used all Mj's fans money on those trademarks.
I have seen around and about that HTWF (or a scammer for all I know) has set up a defence fund. Shouldn't have used all Mj's fans money on those trademarks.
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
The judge(s) hasn't decided yet but they get a unofficial extension while waiting for a decision. If the judge(s) make no decision they get the 90 day extension they asked for by default.
The judge(s) hasn't decided yet but they get a unofficial extension while waiting for a decision. If the judge(s) make no decision they get the 90 day extension they asked for by default.
Decision is in, the time to extend is granted
Appellants’ unopposed motion for a 90-day extension of time to file the opening brief is granted.
The opening brief is due August 30, 2012.
The answering brief is due October 31, 2012.
The optional reply brief is due within 14 days after service of the answering brief.
Appellants’ unopposed motion for a 90-day extension of time to file the opening brief is granted.
The opening brief is due August 30, 2012.
The answering brief is due October 31, 2012.
The optional reply brief is due within 14 days after service of the answering brief.
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
HTWF Appeal: Everything you should know.
Recently some claims about HTWF appeal has been circulating. I will not discuss whether HTWF is fake or legit but I'll provide some details about what is an appeal and what to expect.
Appeals aren't a separate trial and in most instances new evidence or new claims cannot be introduced during an appeal. Appeals are limited to the issues raised in the trial court. Appeal court reviews the decisions made by the trial court and decides to withhold them or reverse them. HTWF appeal means HTWF is asking the appeals court to reverse the enforced settlement.
The chances of HTWF winning the appeal is slim. Only 20% of the time California appeals court reverses the trial courts decision.
Even though HTWF wins the appeal it wouldn't mean that the case is over and they proved their legitimacy. It would just mean that they get a second chance, a second trial. HTWF would still need to argue and win the second trial to prove any of their claims. The outcome of the second trial can be better or worse for HTWF.
Removal of executors is not an automatic process and it can't be done or initiated by Melissa Johnson or any of her supporters. First of all remember what an individual thinks "fraud and corruption" might not be what law considers to be "fraud and corruption". Secondly even though even if we assume there might be some evidence of such behavior, the only way to remove an executor is through a complaint from beneficiaries of the Estate - which are Katherine Jackson and Guardian Ad Litem for MJ's kids. So Melissa Johnson and her supporters can shout wrongdoings by the executors and promise to get them removed but such claims mean nothing unless Katherine Jackson files a complaint and follows it through with evidence that would hold in a court and convinces the Probate Judge to remove the excutors. A win in HTWF appeal and/or in the second trial will not result in automatic removal of Estate Executors.
HTWF Appeal: Everything you should know.
Recently some claims about HTWF appeal has been circulating. I will not discuss whether HTWF is fake or legit but I'll provide some details about what is an appeal and what to expect.
Appeals aren't a separate trial and in most instances new evidence or new claims cannot be introduced during an appeal. Appeals are limited to the issues raised in the trial court. Appeal court reviews the decisions made by the trial court and decides to withhold them or reverse them. HTWF appeal means HTWF is asking the appeals court to reverse the enforced settlement.
The chances of HTWF winning the appeal is slim. Only 20% of the time California appeals court reverses the trial courts decision.
Even though HTWF wins the appeal it wouldn't mean that the case is over and they proved their legitimacy. It would just mean that they get a second chance, a second trial. HTWF would still need to argue and win the second trial to prove any of their claims. The outcome of the second trial can be better or worse for HTWF.
Removal of executors is not an automatic process and it can't be done or initiated by Melissa Johnson or any of her supporters. First of all remember what an individual thinks "fraud and corruption" might not be what law considers to be "fraud and corruption". Secondly even though even if we assume there might be some evidence of such behavior, the only way to remove an executor is through a complaint from beneficiaries of the Estate - which are Katherine Jackson and Guardian Ad Litem for MJ's kids. So Melissa Johnson and her supporters can shout wrongdoings by the executors and promise to get them removed but such claims mean nothing unless Katherine Jackson files a complaint and follows it through with evidence that would hold in a court and convinces the Probate Judge to remove the excutors. A win in HTWF appeal and/or in the second trial will not result in automatic removal of Estate Executors.
qbee
Proud Member
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
If Mellisa Johnson wins The HTWF belongs to her / not Michael's children _
If Estate wins the HTWF is part of the estate and will be turned over to the children at one point
when they are old enough to help over see it .. but untill then if the Estate wins the children
can could promot HTWF in there Dads name .. they can be spoke persons for HTWF in their dad name.
Becuase it is theres .. but untill they are old enugh and mature enough to over see it - The esate should
run it .. I have no trust in Mellisa Johnson to over see HTWF or the Jackson family. based on their pasts
They trust factor is missing there .. for me
If Mellisa Johnson wins The HTWF belongs to her / not Michael's children _
If Estate wins the HTWF is part of the estate and will be turned over to the children at one point
when they are old enough to help over see it .. but untill then if the Estate wins the children
can could promot HTWF in there Dads name .. they can be spoke persons for HTWF in their dad name.
Becuase it is theres .. but untill they are old enugh and mature enough to over see it - The esate should
run it .. I have no trust in Mellisa Johnson to over see HTWF or the Jackson family. based on their pasts
They trust factor is missing there .. for me
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal
Given the negative association with HTWF name and also given the fact that Michael closed it and started "Go for your dreams", I don't think Estate will use HTWF name for their charity.
Given the negative association with HTWF name and also given the fact that Michael closed it and started "Go for your dreams", I don't think Estate will use HTWF name for their charity.