[arrl-odv:26220] IN Newsletter Feb 10 2017
[ARRL logo-and-logotype black gold vertical] IN-Newsletter Vol. 42, No. 5 February 10, 2017 Covers the period January 28, 2017 - February 3, 2017 Upcoming In-Person Meetings and Events Southeastern Division Convention, February 9 - 13, 2017 @ Orlando, FL Vermont Section Convention February 25, 2017 @ South Burlington, VT Hamvention 2017 May 19 - 21, 2017 @ Xenia, OH Chief Executive Office Reported by Tom Gallagher, NY2RF Tom Gallagher, Lauren Clarke and Sean Kutzko met with Dr. Ed Snyder about moving forward on the Collegiate Amateur Radio Initiative; details below in "Development." Tom met with an Academy Award-winning producer in NYC on Friday to discuss the potential for producing documentaries with ARRL about amateur radio past, present and future. Further meetings are being discussed. Planning and preparations have begun for the Executive Committee meeting in Denver this March. Development Reported by Lauren Clarke, KB1YDD Tom Gallagher, Sean Kutzko, and Lauren Clarke met with Dr. Ed Snyder, W1YSM on January 31 to discuss ideas for the Collegiate Amateur Radio Initiative. Dr. Snyder presented Tom with a check in the amount of $100,000 to endow the W1YSM Snyder Family Collegiate Amateur Radio Endowment Fund. Earnings from this fund will help advance ARRL's Collegiate Amateur Radio efforts. Dr. Snyder earlier contributed $5,000 as "seed money" to help advance this effort until endowment earnings are at a sufficient level. Education Reported by Lisa Kustosik, KA1UFZ Teacher Registration Instructor Registration Graduation Kit Requests License Class Listings 5 27 3 55 Lisa and Debra continue tracking down issues with the instructor feedback reporting system and problems with instructor registrations. ARISS Debra hosted the second of two Orientation Sessions for the next group of ARISS host organizations. Debra also completed updates to the ARRL and ariss.org websites for the next ARISS proposal window. A new display banner about ARISS designed by Sue Fagan was produced and mailed for debut at a booth hosted by CASIS at the Space Explorers Educators Conference. Debra reached out to local teachers in CA to find support at education conferences for which CASIS is requesting ARISS representation. ARISS Contacts * January 26, a telebridge contact between students at the Swiss Space Center - École Polytechnique Fédérale de Lausanne, Lausanne, Switzerland and Astronaut Thomas Pesquet, KG5FYG. * February 2, a telebridge contact between students at the South Street School and Westside Middle School in Danbury CT, USA and Astronaut Shane Kimbrough, KE5HOD. Watch a video<http://www.amsat-on.be/2017/02/02/ariss-contact-with-schools-in-danbury-ct-via-on4iss/> about the contact. * February 2, a telebridge contact between students at Cours Saint Maur, Monaco and Astronaut Thomas Pesquet, KG5FYG. Education & Technology Program Debra updated the ARRL website with current information and the summer 2017 schedule for the Teachers Institute. The new 2017 brochures are now available. Lisa sent copies to each Director and notified SMs of their availability. Debra initiated a discussion with NICERC (National Integrated Cyber Education Research) about developing curriculum for the ETP, and followed up on a lead with Project Lead the Way to inquire about adding radio electronics to the PLTW (Project Lead the Way) curriculum. Debra responded to several inquiries from hams wanting support for outreach events. Field Services Reported by Dave Patton, NN1N Field Organization Leona Adams reports that Robert Roschewsk, KA2PBT, of Washington, New Jersey, has been nominated to run for the Northern New Jersey Section Manager's position. The next two-year term of office begins July 1, and nominating petitions need to arrive at Headquarters by March 10. Steve Ewald has been receiving a many 2016 ARRL Simulated Emergency Test results and 2016 ARRL Emergency Coordinator annual reports from around the country in advance of the early February receipt deadline. Publications Reported by Becky Schoenfeld, W1BXY The March 2017 digital edition of QST is live February 10th. PageSuite continues a resubmit process to improve image quality on iOS devices, and has assigned an Android developer to improve the download function on the Android app. Radiosport Reported by Norm Fusaro, W3IZ Radiosport Paper/Fieldcheck Processing Time 3 Weeks Logbook Processing Time 1 - 2 Business Days 2017 DXCC Applications 1,079 2017 WAS Applications 144 2017 VUCC Applications 27 W1AW Reported by Joe Carci, NJ1Q Joe updated the web code practice files and their archives. He created the texts for the February W1AW Qualifying Runs. Scott worked on fast and slow code practice texts for the upcoming week. He also processed VUCC certificates and endorsements. Sales and Marketing Reported by Bob Inderbitzen, NQ1R Jackie Ferreira reports that January product sales were $218,961; the sales forecast was $252,772. The shortfall is attributed to the postponement of a new book, and softer than predicted sales of "Beginner Training Aids" and "Upgrade Training Aids." Royalties earned on sales of our Kindle e-books were $8,774. We had stocked out of our popular title Work the World with JT65 and JT9, by Steve Ford, in late December, anticipating a new printing with some additional content in January. We resumed shipping the book during the last 3 days of January - shipping 483 copies of the new printing. This book continues to do very well. Jackie conducted some publication promotions by email, with themes for Groundhog Day and the Superbowl. These contributed sales of over $10K. A promotion for the ARRL home and auto insurance benefit, serviced by Liberty Mutual Insurance, was emailed by ARRL to members on January 31. Bob Inderbitzen worked with RFinder to commit their ad in the upcoming 2017-18 ARRL Repeater Directory. ARRL receives a 30% commission on sales of RFinder in the US. Bob and Diane Middleton met with our Federal Express account executive to review shipping discounts ARRL is receiving based on our business volume. We were also introduced to some new shipping services offered by FedEx as the continue to develop ways to remain competitive in a complex shipping & mailing landscape. Bob continues to work with Hamvention organizers to commit ARRL's participation at this year's event in May. We are now tentatively scheduled to sponsor eight forums. Hamvention has received ARRL hamfest sanctioning as this year's Ohio State Convention. Our online registration form for staff and officials attending the convention (including hotel registration) will be available soon. Hamvention is May 19-21. Hamfest/Member Contact/ARRL Representative/Meetings/Vacations Steve Capodicasa 02/13 PTO Joe Carcia 02/17 half day PTO " 02/20 - 02/24 PTO " 03/03 half day PTO " 03/17 PTO " 03/21 PTO " 03/24 PTO " 03/31 PTO " 05/26 PTO " 04/05 - 05/07 PTO " 04/07- 04/13 PTO " 05/26 PTO " 07/05 - 07/07 PTO " 07/14 PTO " 07/21 PTO " 07/28 PTO " 08/04 PTO " 08/07 - 08/11 PTO " 08/18 PTO " 08/25 PTO " 10/09 PTO Lauren Clarke 03/06 - 03/10 PTO Tom Gallagher 02/10 - 02/12 Southeastern Division Convention, Orlando, FL Scott Gee 02/20 - 02/24 PTO Perry Green Medical Leave Bart Jahnke 02/09 - 02/12 Southeastern Division Convention, Orlando, FL Bob Inderbitzen 02/09 - 02/13 Southeastern Division Convention, Orlando, FL Sean Kutzko 02/24 - 02/25 Vermont Section Convention " 03/06 Fairfield (CT) Radio Club presentation " 03/09 - 03/12 PTO Sincerely Compiled by, Carla Pereira, Assistant to CEO
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 *-----------------------------------------------------*
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 -----------------------------------------------------
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 P//olicy 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 todisplay 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 *-----------------------------------------------------* 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. /U//t 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
*-----------------------------------------------------*
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
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
-----------------------------------------------------
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
-----------------------------------------------------
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
Mr. Bellows Really?As one who asserts he is an attorney of note and skill — qualifications that certainly should not be questioned — and therefore certainly has the skill and knowledge to understand all that appears below, you instead chose to join in the insinuations? You point is made, noted and understood. I do admit I am amused at the "order" strawman argument; good try. 73 *-----------------------------------------------------* ** John Robert Stratton N5AUS Office telephone: 512-445-6262 Cell: 512-426-2028 PO Box 2232 Austin, Texas 78768-2232 *-----------------------------------------------------* On 2/15/17 1:56 PM, John Bellows wrote:
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 <mailto: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 P//olicy 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 todisplay 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
*-----------------------------------------------------*
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. /U//t 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
*-----------------------------------------------------*
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org> https://reflector.arrl.org/mailman/listinfo/arrl-odv
No strawman, just an interested Board member who is still waiting for an answer to a simple question. Jay, K0QB Sent from my iPhone
On Feb 15, 2017, at 2:34 PM, JRS <jrs@hamradio.us.com> wrote:
Mr. Bellows
Really?As one who asserts he is an attorney of note and skill — qualifications that certainly should not be questioned — and therefore certainly has the skill and knowledge to understand all that appears below, you instead chose to join in the insinuations? You point is made, noted and understood.
I do admit I am amused at the "order" strawman argument; good try.
73
----------------------------------------------------- John Robert Stratton
N5AUS
Office telephone: 512-445-6262 Cell: 512-426-2028 PO Box 2232 Austin, Texas 78768-2232
-----------------------------------------------------
On 2/15/17 1:56 PM, John Bellows wrote: 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
-----------------------------------------------------
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
-----------------------------------------------------
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
I’ll chime in here in that I found the question striking as well. Whether intentional or not, the tone of Tom’s ask was suggesting some inappropriate conduct on John’s part, which when made against an attorney can be interpreted to be particularly insulting. The docket entries John sent us, and indeed of any federal court, are available to anyone who logs in, being an attorney or not. Anyone member of the public, not only lawyers, can set up a PACER system account to check any federal court docket anywhere, not just the Third circuit. I just checked the same docket entries to make sure and found the same listing John sent around. It is public as I would expect. Notice that he did not send any document from the list and most certainly could not access the confidential entry. Only the attorney formally associated with the case can log in those and only for certain documents at that. Having tried several third circuit cases over the years, including very recently, it would be immediately apparent to me (and other experienced lawyers) that the confidential entry is for the almost mandatory mediation program of the Third Circuit. Such orders are typically issued before any briefing schedule in the event a matter can be settled without more expense. Otherwise, no document would be locked absent very special orders dealing with certain discovery handling or the like – not present in an appellate court. These mediation entries and the mediation position memo required to be filed are not provided to the other side either, are provided only to the assigned mediator and are confidential. The Third Circuit court has three full-time (in house) lawyers –mediators who are employed by the court for the purpose. The local rules and the mediation program are published, have been around for some time, and anyone familiar with the Circuit Court would know all this. The program is similar to many other Circuit Courts around the country and ours here in the third circuit (coving three states) is very successful. A moment of levity to break the tension perhaps. The chief third circuit mediator is Joe Torregrossa. His last name literally means “Big Tower” in Italian. He was the mediator for the DePolo ham antenna case. (The town and opponents refused to mediate at all in that case though asked by the court prior to a decision). So, Tom’s reaction or assumption was just one of misinformation or interpretation of what the PDF document was. I would have suggested calling the lawyers first to inquire myself. The law firm referenced will no doubt set this issue straight in that regard. If you like Tom, you are invited to call me anytime, office or home. Bob Famiglio, K3RF Vice Director, ARRL Atlantic Division 610-359-7300 www.QRZ.com/db/K3RF From: arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of John Bellows Sent: Wednesday, February 15, 2017 2:56 PM To: JRS Cc: arrl-odv Subject: [arrl-odv:26236] Re: Ames v. ARRL, et al — Mediation — You Have One Hour 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 ----------------------------------------------------- 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 <mailto:arrl-odv@reflector.arrl.org> <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 ----------------------------------------------------- _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
Bob: A couple of points. I took Tom's question is asking where JRS obtained the information regarding mediation of this matter as reasonable for a layperson, particularly since he is a defendant in the action. Your answer suggests that John could access the Third Circuit materials through PACER and make the assumption that mediation was required. Frankly, having created this discussion with his original post to odv it is perplexing why John simply couldn't have replied that he found the general information on the docket and assumed that mediation was required, if that were the case. It certainly is possible that was the case. Rather, he took a very defensive tone to what was fairly straightforward question and created the impression that for some reason he was reluctant to clarify the situation. 73, Jay, K0QB Sent from my iPad
On Feb 15, 2017, at 3:08 PM, Bob Famiglio, K3RF <RBFamiglio@Verizon.net> wrote:
I’ll chime in here in that I found the question striking as well. Whether intentional or not, the tone of Tom’s ask was suggesting some inappropriate conduct on John’s part, which when made against an attorney can be interpreted to be particularly insulting. The docket entries John sent us, and indeed of any federal court, are available to anyone who logs in, being an attorney or not. Anyone member of the public, not only lawyers, can set up a PACER system account to check any federal court docket anywhere, not just the Third circuit.
I just checked the same docket entries to make sure and found the same listing John sent around. It is public as I would expect. Notice that he did not send any document from the list and most certainly could not access the confidential entry. Only the attorney formally associated with the case can log in those and only for certain documents at that. Having tried several third circuit cases over the years, including very recently, it would be immediately apparent to me (and other experienced lawyers) that the confidential entry is for the almost mandatory mediation program of the Third Circuit. Such orders are typically issued before any briefing schedule in the event a matter can be settled without more expense. Otherwise, no document would be locked absent very special orders dealing with certain discovery handling or the like – not present in an appellate court. These mediation entries and the mediation position memo required to be filed are not provided to the other side either, are provided only to the assigned mediator and are confidential. The Third Circuit court has three full-time (in house) lawyers –mediators who are employed by the court for the purpose. The local rules and the mediation program are published, have been around for some time, and anyone familiar with the Circuit Court would know all this. The program is similar to many other Circuit Courts around the country and ours here in the third circuit (coving three states) is very successful.
A moment of levity to break the tension perhaps. The chief third circuit mediator is Joe Torregrossa. His last name literally means “Big Tower” in Italian. He was the mediator for the DePolo ham antenna case. (The town and opponents refused to mediate at all in that case though asked by the court prior to a decision).
So, Tom’s reaction or assumption was just one of misinformation or interpretation of what the PDF document was. I would have suggested calling the lawyers first to inquire myself. The law firm referenced will no doubt set this issue straight in that regard. If you like Tom, you are invited to call me anytime, office or home.
Bob Famiglio, K3RF Vice Director, ARRL Atlantic Division 610-359-7300
www.QRZ.com/db/K3RF
From: arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of John Bellows Sent: Wednesday, February 15, 2017 2:56 PM To: JRS Cc: arrl-odv Subject: [arrl-odv:26236] Re: Ames v. ARRL, et al — Mediation — You Have One Hour
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
-----------------------------------------------------
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
-----------------------------------------------------
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
participants (5)
-
Bob Famiglio, K3RF -
Gallagher, Tom, NY2RF -
John Bellows -
JRS -
Pereira, Carla