And the saga continues…
Today I received a copy of the Demand Letter filed with Woodmen Hills Metropolitan District. Click here to read this document.
In this letter, Mr. Pace’s attorney states
Magistrate Chittum made numerous findings of fact against the District, Mr. Bishop and Mrs. Pizzi, which will have preclusive, collateral estoppel effect in any subsequent litigation. These adverse findings include her determination that the central allegation in the County Court Action – the so-called “AK-47 Threat” – was never made by Mr. Pace; this strongly supports the inference that this threat was fabricated by Mr. and Mrs. Pizzi.
The gist of this is: Ron and Ron’s lawyer seem to feel they have a strong case that the district, Larry Bishop, and the Pizzis violated his civil rights, among other things.
They are probably right…however, I’m not a lawyer (but I play one on TV…as apparently do many others in the local area that claim to be “lawyers”).
The letter states that
Mr. Pace will be seeking a minimum of $1.5 million in actual damages. He will seek an award of punitive damages, as well. He will also be entitled to recover his legal fees under 42 U.S.C. § 1988.
However, Mr. Pace has agreed to settle before going to trial:
Mr. Pace offers to settle all of his claims against the District, Mr. Bishop and Mr. and Mrs. Pizzi for an aggregate cash payment of $650,000 to be made no later than January 31, 2010. Once new counsel assumes control of the case, it will no longer be possible to settle Mr. Pace’s claims in this range.
In preparation for this case, Ron’s attorney has performed background checks on Mike and Jan Pizzi, and will be submitting those as exhibits in their court filings (along with all court transcripts, witness statements, etc). I expect other background checks will be accomplished as well.
Given that the district ran a background check on Mr. Pace (referenced in the court ruling), and even went so far as to subpoena his medical records (see this post for details) it seems turnabout is fair play.
You can read the background checks by clicking here and here. In the interest of transparency (you remember that, don’t you?) you can also read mine by clicking here. If I receive others, I will post them as well; after all, we have nothing to hide, do we?
Hmmm…..$650,000, or $1.5 million + punitive damages. In either case, you can bet lots of lawyer fees…even if Mr. Pace doesn’t win.
All paid for by YOU and ME.
Was it worth it?
| Update 1 December 09 |
Apparently there is a great interest in how one has a background check done. Go figure. 
It’s actually quite simple. These were performed by Mr. Pace’s attorney through Lexis-Nexis, but there are lots of sites that will provide you with background checks on anyone you like…for some examples, click here, or here, or here, or….you get the picture.
All the data divulged is public record…heck, you don’t even have to pay one of these sites to do it for you, you can just go to the courthouse and view the records yourself; but you’d have to go to the courthouses in several states to do this.
| Update 5 December 2009 |
Two more background checks have been accomplished — apparently all persons that may be named in the civil suit will have them done. These are for Larry Bishop, and Debra Wright.
Another casualty of the recall; Jodie Jordan fired Svettelana Mellen on 11-30-09 for standing up for her rights. When did Jodie get authority to hire and fire personnel?
Jan isn’t finished yet. It was discovered that the District has hired family members so they will get favorable testimony in the case.
Thank you Mr. Dalton.
I have been asked this question Do I know who Avg Joe is? To answer this question I will wait until after Monday and you will all know the answer.( I can tell you I stayed at a Holiday Inn Express and now I can read minds.)
The second question is from many concerned residents, How much will a federal suit cost? Are there any other people who can be in the mix so to speak.
The answer to Linda’s question is Yes.
Kathy Wennen’s actions in May 09 to the Sheriff’s office, and her advocacy on an issue as an “officer” of a non-profit organization (we have this on tape).
Mr. and Mrs. Pizzi on their actions.
The estimated cost from Jury Verdict Reporter (A legal Rag) starting is 150,000.00 to 250,000.00 With certain cases going up to 475,000.00 reported in JVR. This only covers the cost to defend a case not any awards. The last case I could find were someon was labeled “mentally unstable” was awarded 1,400,000.00. He didn’t get arrested and charged with misdemeanor for bike hunting.
I would like to thank all you for your support and kind emails its great to see people who understand the truth is just that.
I can now update you on the case filed on 11-30-09 09 (I won’t post the case number until after the DA’s done)
I received a call from the EPCSO and they assured me that the case is being forwarded to the DA’s Office for further review and investigation. I would like to thank the Officer involved for his assistance. He understood the very serious nature of the written attacks by Average Joe on the blogs.
We need to Thank Lynne for letting people blog. Without her site we would have never caught the racially motivated people of this district.
This is in addendum to the posting of December 2 2009
The cases referenced are just that references. They are examples of cases my attorney sent me so I want to make sure postings of accurate information.
The comments should have been that defending a case as reported in JVR from my attorney are examples of the cost to this district to defend a case a couple of residences have been asking me whats it cost to go to court? I didn’t know so I asked my attorney and he provided me this information.
I hope this clears up this point.
Since everyone has a voice in this community I will let mine be heard.
One person in this case has caused these actions to take place. As I do not also want to be sued, I will just say that so far people from New England have not impressed me to date. If all people from New England act in such an irrational and immature nature then I will not be visiting that state anytime soon.
From any point you look at this entire case it could have been prevented by one person acting in an adult manner and learning how to communicate with words and not unacceptable actions and threats.
If the district does pay out a large sum of money, it will be paid ultimately by all residents, at which time I will put my house on the market and move away from the district. Come on $1.5 million because your little feeling were hurt, give me a break!
Not unlike the lack of attention or interest Americans now have for their senators, congressmen, and Presidents, a lack of interest in who the person is that is filling this case and their intentions to run for an office on the district board, could severally impact you personally in the future.
If you believe that the person filling this case is a mature, rational adult, if you want someone that firsts sues the district for $1.5 million, then runs for office to represent YOUR community, then do nothing and ignore anything that is going on and let others vote for you.
Perhaps a better idea is that all homeowners pitch in a couple bucks and we move the New England resident back home where he would perhaps seem more welcome
I would encourage everyone to read the judge’s opinion of the case Mr Pace filed against the District. The opinion is within the Demand Letter sent to the district from the office of Richard Daily and posted on this site.
Although, in a legal sense, Mr Pace won his case, the words used by the judge to describe Mr Pace’s words, domineering behavior, and other actions are eye opening to say the least. I encourage each of you to carefully read what the judge is saying and what she isn’t saying in this case.
Be informed and make your own decisions! Yes, Mr Pace won the case, but what harm and monetary costs has he incurred to your community and possible home prices?
I absolutely agree. PLEASE read the opinion..here’s a link for those of you that want to go read right now: The Court’s Ruling
I completely agree with mmteik. He sues the district, costing money and then wants to run for office of the same district? Yeah, that’s logical. And another thing…have you seen his website? It looks like my 7 year old made it. It is difficult to follow any sense of logic whatsoever. He doesn’t know the difference between “there” and “their”, just to mention only one problem he has with the English language. How can we expect him to do anything rational or intelligent when in office if he cannot manage this in his daily life? I hope come election day the residents here have seen who he is and what he is about. Not to say the current board is good or bad as I really haven’t paid attention to their actions, but I guarantee that Mr. Pace is not what we need here.