JRS: I understand that you have suggested my "elevator "...doesn't reach the top floor", but it would be helpful if you would explain how Mr. Gallagher's word "ask" constitutes an order. Additionally, I suspect we would all appreciate an answer to his apparently reasonable question. Jay, K0QB Sent from my iPad
On Feb 15, 2017, at 12:41 PM, JRS <jrs@hamradio.us.com> wrote:
Mr. Gallagher
I will extend a courtesy to you that I seldom extend to adversaries, fools or tools — I will wait, before responding, to provide you the opportunity to publish your apology to me on the ODV for the insinuations in the email below.
I extend the courtesy both individually and in my capacity as a Vice Director because you are an employee and may be following orders. I also extend it, although you are not a Member of the Board, in the spirit of the ARRL Policy On Board Governance and Conduct Of Members Of The Board of Directors And Vice Directors 5.c.
Of course, rather than following orders you may just be an adherent to the philosophy that all animals are equal,but some animals are more equal than others and accordingly believe you have no obligation to display respect to those whom you consider of lesser status.
It matters not the basis for your disrespectful conduct — I hereby extend the courtesy of an hour in which to apologize.
73
----------------------------------------------------- John Robert Stratton
N5AUS
Office telephone: 512-445-6262 Cell: 512-426-2028 PO Box 2232 Austin, Texas 78768-2232
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On 2/15/17 10:53 AM, Gallagher, Tom, NY2RF wrote: John:
thanks for your ODV message. I am aware of the procedure since I am, personally, a defendant in Ames’ suit and therefore a party of interest. However, I ask, how did you become aware of the mediation process? In the Docket Record which you refer to as being on page 3 of the PDF, “the case was sent to mediation.” But there is no reference to mediation anywhere on any page of the document as far as I can see. Moreover, the PDF attachment you included, contains a warning that the document is restricted:
Notice to Counsel. The attached document is restricted. To view document, click on the document number link in the NDA (Notice of Docket Activity). In order to access this document, you must be the attorney of record using your individual ECF login and password. (TNH)
How was the PDF obtained? You are not, so far as I am aware, an attorney of record in this matter. It appears from the PDF file that the docket, 17-1091 Docket, was downloaded on 2/10/17 at 10:15 PM. Ut iterare, how was it obtained?
I am also asking Couzen, O’Connor if they can shed some light here, since they are more familiar with Eastern Pennsylvania procedure than I am. As you can imagine, Rick, Jim and I have a clear personal interest in this outcome.
Tom
From: arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of Stratton, John, N5AUS Sent: Sunday, February 12, 2017 7:06 PM To: arrl-odv <arrl-odv@reflector.arrl.org> Subject: [arrl-odv:26221] Ames v. ARRL, et al — Mediation
In the interest of keeping everyone up-to-date:
As has been mentioned on this listserve, Mr. Ames appealed the granting of the ARRL's FRCP 12(b)(6) motion to the US Court of Appeals For The Third Circuit.
From the entry on the enclosed Docket Record (see PDF Page 3), it appears that the case has been sent to mediation in accordance with the 3rd Circuit's Local Appellate Rules.
Settlement at mediation is not mandatory; mandatory mediation is merely the Court's attempt to offer the litigants the opportunity to resolve their disputes before incurring further expense and rolling the dice for a final outcome. The failure to settle in mediation is not held against any party and has no impact on the final outcome of an appeal.
73
----------------------------------------------------- John Robert Stratton
N5AUS
Office telephone: 512-445-6262 Cell: 512-426-2028 PO Box 2232 Austin, Texas 78768-2232
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