SoA/DCI Lawsuit Update

[keystone3ply]

17 minutes ago, DCI-1983-91 said:

Which court? Where is it located?

In the reddit comments; someone posted images of some documents.

https://imgur.com/a/FMTrZJX

Edited November 18, 2023 by keystone3ply
cx

[IllianaLancerContra]

31 minutes ago, keystone3ply said:

In the reddit comments; someone posted images of some documents.

https://imgur.com/a/FMTrZJX

This is the court schedule stuff - what will be interesting is if the actual complaint and especially deposition transcripts become available.  

[keystone3ply]

1 hour ago, IllianaLancerContra said:

This is the court schedule stuff - what will be interesting is if the actual complaint and especially deposition transcripts become available.  

The full filing documents maybe available on the link provided in the Reddit post. But I didn’t want to sign up & add another password, etc. I’ve got way too many passwords. 🤷‍♂️😂

[IllianaLancerContra]

9 minutes ago, keystone3ply said:

The full filing documents maybe available on the link provided in the Reddit post. But I didn’t want to sign up & add another password, etc. I’ve got way too many passwords. 🤷‍♂️😂

I signed up for it & looked the other day.   No documents- just dates of various filings, documents served, etc.   

[anomaly]

On 11/18/2023 at 1:14 PM, IllianaLancerContra said:

I signed up for it & looked the other day.   No documents- just dates of various filings, documents served, etc.   

It costs, and requires account set-up, but https://researchga.tylerhost.net/CourtRecordsSearch/Home#!/home is a good place to find any kind of court records/documents. It's all public knowledge, therefore I've been told it's okay to share. There are free trials for the website if you're curious, and there's a free edition where you can preview documents. 

23-C-07392-S1

- Kenz

[scheherazadesghost]

Please correct me if I'm wrong...

But it appears that this case is going to be seen by a jury of 12 and that the discovery period ends in late June 2024.

Also, the court documents here indicate SOA's assertion that they are not responsible for what happened to Kenzee because they allege she falsified her age, and because she and her parents signed medical waivers. This is a huge summary and I AM NOT A LAWYER, but this is what I'm understanding from the documents.

Anyone else following along at home that can shed some light? I am quite intentionally only stating what I understand to be facts listed in the case documents.

It is not on McKenzee to speak to this. If she or her loved ones request we not comment further, I will cease.

Edited 5 hours ago by scheherazadesghost

[JimF-LowBari]

1 hour ago, scheherazadesghost said:

Please correct me if I'm wrong...

But it appears that this case is going to be seen by a jury of 12 and that the discovery period ends in late June 2024.

Also, the court documents here indicate SOA's assertion that they are not responsible for what happened to Kenzee because they allege she falsified her age, and because she and her parents signed medical waivers. This is a huge summary and I AM NOT A LAWYER, but this is what I'm understanding from the documents.

Anyone else following along at home that can shed some light? I am quite intentionally only stating what I understand to be facts listed in the case documents.

It is not on McKenzee to speak to this. If she or her loved ones request we not comment further, I will cease.

If true: giving false age is a cause for corps not being responsible? And what the #### does a medical waiver have to do with harassment? (What I remember when this started). And this is from a corps that stayed off the field for a year and changed management because “they wanted to do the right thing for their members”

And can anyone give a definition of “discovery period”?

Edited 5 hours ago by JimF-LowBari

[scheherazadesghost]

20 minutes ago, JimF-LowBari said:

If true: giving false age is a cause for corps not being responsible? And what the #### does a medical waiver have to do with harassment? (What I remember when this started). And this is from a corps that stayed off the field for a year and changed management because “they wanted to do the right thing for their members”

And can anyone give a definition of “discovery period”?

For clarity's sake, I'll type out SOA's defenses as listed in the document titled "Hales - Answer for Spirit":

First Defense: "Plaintiff previously executed a fully binding and complete release of all claims against Spirit as regards all of the purported factual allegations and causes of actions she now asserts in this matter. Accordingly, Spirit specifically raises the defenses of failure to state a claim upon which relief may be granted as well as accord and satisfaction."

Second Defense: "Inasmuch as Plaintiff McKenzee Hales lied or otherwise intentionally fabricated her age on her participation documents, she committed fraud on Spirit such that the claims she now presents must be dismissed on equitable grounds, including equitable estoppel, and all other equitable defenses, in fairness, should come into consideration because of Plaintiff's fraud."

Third Defense: "Due to McKenzee Hales' intentional fraud and deceit as mentioned in Spirit's Second Affirmative Defense, she is not entitled to any tolling of the limitations period, whether due to law or equity, and her Complaint must be dismissed because the statute of limitations has expired."

Fourth Defense: "As regards McKenzee Hales' claim arising from her alleged forced participation in Spirit activities following a concussion or other medical problem, the fact of which Spirit disputes because it is untrue, McKenzee Hales and/or her parents nevertheless executed valid damage waivers that operate both legally and equitable to prevent such claims as brought in this lawsuit."

Fifth Defense: "McKenzee Hales' parents, acting on her behalf, also executed a fully binding release of all claims and causes of action against Spirit arising from the salacious and spurious allegations she now asserts in the lawsuit, and as such, this case must be dismissed on both legal and equitable grounds including a valid contract dispensing with such claims, accord, and satisfaction, and the general equitable principles that operate to curtail and estop the pursuit of additional recovery for those claims."

Sixth Defense: "If McKenzee Hales sustained any of the injuries or damages alleged in the case, which Spirit disputes, such injuries or damages were caused by the intention actions of a third party or third parties over whom Spirit exercised no influence or control, and accordingly, Plaintiff's claims against Spirit under these circumstances must be dismissed.

There's a lot more in the court documents, which I encourage others to read.

[scheherazadesghost]

And, another case document called "23-07392 1st CMMDO 6-1-24" defines discovery this way:

"Discovery shall close on June 1, 2024. All discovery shall be COMPLETED by this date; this includes, but is not limited to: identification of, written discovery to and from and depositions from BOTH fact and expert witnesses. Any remaining discovery must be served early enough so that responses thereto are due on or before the last day of the discovery period."

There is more detail within that document.

[JimF-LowBari]

The damage waiver in the fourth defense: would love to have a lawyer define what is in that damage waiver. 
 

Sixth defense says SoA not responsible for what a third party does. Hope it comes out in court if the corps was informed of past problems with that third party if problems did occur
 

Well Cadets had a release that blamed the victim (IMO) and SoA claiming fraud. Again IMO: slimy 
 

Thanks for the info..,

Edited 4 hours ago by JimF-LowBari