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Hawaiian Art Network Lawsuit Collection
Matthew Chan:
I uploaded 4 more documents to this collection.
Outrigger appears to have settled based on this dismissal by HAN.
http://www.scribd.com/doc/78001362/Hawaiian-Art-Network-Vincent-Tylor-vs-Outrigger-Lodging-Services-Voluntary-Dismissal
Moku-aina Properties are still fighting. They filed an answer. I have not read it yet.
http://www.scribd.com/doc/78001554/Hawaiian-Art-Network-Vincent-Tylor-vs-Moku-aina-Properties-Defendant-Answer
And we know Aloha Plastic Surgery defaulted. However, I just discovered that Michael Pasquale filed a Motion to Set Aside the Default Judgment.
http://www.scribd.com/doc/78021881/Hawaiian-Art-Network-Vincent-Tylor-vs-Aloha-Plastic-Surgery-Motion-to-Set-Aside-Default-Judgment
Naturally, HAN is aggressively objecting to this motion.
http://www.scribd.com/doc/78021564/Hawaiian-Art-Network-Vincent-Tylor-vs-Aloha-Plastic-Surgery-Motion-to-Strike-Defendant-Request
Very interesting reading but it does not look good for the defendant. I would be shocked if the judge granted the defendant's motion/request. Michael screwed up badly.
Lettered:
Thanks for posting all these documents, Matthew. Looks like Moku-aina Properties might be planning some defenses we've been talking about here and hoping to see:
"SIXTH DEFENSE" mentions implied license
"SEVENTH DEFENSE" mentions unclean hands, entrapment, enticement and honeypotting
Aloha Plastic Surgery does seem to be on the ropes at the moment. However, it seems not so hard, at least according to this, to get a default judgement set aside:
http://en.wikipedia.org/wiki/Default_judgment:
"However, "good cause" is rather easy to meet, compared to other instances where "good cause" might be required. For example, mere "excusable neglect" is, at least at the federal level, a sufficient reason to vacate default judgments.[26] There are often time limits and other requirements"
I do worry that he is trying to get it set aside "pro se". I think he needs to lawyer up FAST.
Matthew Chan:
Believe me when I say I am on on Aloha's side. However, the issue the court cannot easily ignore is that corporate entities require proper legal representation otherwise it has no voice. If he wants to represent himself "pro se", he would have to agree to take on the accusations and be the defendant himself (not necessarily recommended).
By the quality of writing and spelling in his document, Michael does not appear close to being able to represent himself. I hate to say that I agree with opposing counsel with him being so unqualified and unprepared.
Also, it would have been so easy to file any kind of answer (much less use a lawyer) to let the court know he was paying attention instead of letting the deadline go away. At the very least, he could have asked for a time extension for Pete sake.
But, you are right, he needs to a lawyer NOW to intervene on his behalf because it looks very bad right now.
--- Quote from: Lettered on January 12, 2012, 06:57:14 AM ---Aloha Plastic Surgery does seem to be on the ropes at the moment. However, it seems not so hard, at least according to this, to get a default judgement set aside:
http://en.wikipedia.org/wiki/Default_judgment:
"However, "good cause" is rather easy to meet, compared to other instances where "good cause" might be required. For example, mere "excusable neglect" is, at least at the federal level, a sufficient reason to vacate default judgments.[26] There are often time limits and other requirements"
I do worry that he is trying to get it set aside "pro se". I think he needs to lawyer up FAST.
--- End quote ---
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