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Author: JeffreyJeffrey Date: Apr 23, 2008 13:01
Judge St Eve issued her decision this morning in the case brought
against the Orthodox Baha'is and others by the Wilmette NSA, finding
that the OBF was not in privity with the NSA under the Hereditary
Guardianship (Mason Remey's organization) and therefore the Judgment
is not binding upon the OBF and it could not be held in contempt of
court.
I will have the Judge's opinion posted shortly and will notify you.
Jeffrey
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Author: JeffreyJeffrey Date: Apr 23, 2008 15:44
On Apr 23, 2:01 pm, Jeffrey gmail.com> wrote:> Judge St Eve issued her decision this morning in the case brought
> against the Orthodox Baha'is and others by the Wilmette NSA, finding
> that the OBF was not in privity with the NSA under the Hereditary
> Guardianship (Mason Remey's organization) and therefore the Judgment
> is not binding upon the OBF and it could not be held in contempt of
> court.
>
> I will have the Judge's opinion posted shortly and will notify you.
>
> Jeffrey
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Author: áÇ Çáå ÇáÇ Çááå ÍÞÇð ÍÞÇðáÇ Çáå ÇáÇ Çááå ÍÞÇð ÍÞÇð Date: Apr 23, 2008 20:19
Dear Jeffrey,
Let me be the first here on TRB to congratulate you and the Orthodox
Bahai community for this hard fought and duly earned victory. Savor
the moment. It is a historic one, and one we have all been praying for
you all precisely for the materialization of this moment. May the
Godhead bless you and the Orthodox Bahai community.
This is a GREAT DAY!
W
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Author: Baha'i Censorship - See WebsiteBaha'i Censorship - See Website Date: Apr 24, 2008 04:41
> On Apr 23, 2:01 pm, Jeffrey gmail.com> wrote:>> Judge St Eve issued her decision this morning in the case brought
>> against the Orthodox Baha'is and others by the Wilmette NSA, finding
>> that the OBF was not in privity with the NSA under the Hereditary
>> Guardianship (Mason Remey's organization) and therefore the Judgment
>> is not binding upon the OBF and it could not be held in contempt of
>> court.
>>
>> I will have the Judge's opinion posted shortly and will notify you.
>>
>> Jeffrey
Jeffrey,
Thank you for letting us know the good news! And congratulations!
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Author: AsparagusAsparagus Date: Apr 24, 2008 16:26
> Judge St Eve issued her decision this morning in the case brought
> against the Orthodox Baha'is and others by the Wilmette NSA, finding
> that the OBF was not in privity with the NSA under the Hereditary
> Guardianship (Mason Remey's organization) and therefore the Judgment
> is not binding upon the OBF and it could not be held in contempt of
> court.
>
> I will have the Judge's opinion posted shortly and will notify you.
>
> Jeffrey
My heartiest congratulations to you in respect of this decision.
I would put two questions to you: -
When does the judgement become final - in other words what is the time limit
within which the NSA must, if it so desires, file an appeal?
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Author: smanecksmaneck Date: Apr 24, 2008 16:41
> When does the judgement become final - in other words what is the time limit
> within which the NSA must, if it so desires, file an appeal?
I doubt if they could file an appeal when what they were seeking was
enforcement of an existing court order. The judge decided that the
current Remeyite groups were sufficiently distinguished from the
earlier one that that court order did not apply. She said nothing
about the merits of the court order itself.
My reading of this is that the judge is saying if the NSA wants to
protect its trademarks it will have to file a fresh law suit against
each one of them. The 1966 decision cannot be used for that purpose.
> Do US Courts follow the rule of the UK that costs follow the event and that
> the losing party must pay the legal costs of his opponent as well as his
> own?
Not for something like this. The NSA was merely seeking to enforcing a
standing court order they weren't suing anyone.
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Author: AsparagusAsparagus Date: Apr 24, 2008 17:04
>> When does the judgement become final - in other words what is the time
>> limit
>> within which the NSA must, if it so desires, file an appeal?
> I doubt if they could file an appeal when what they were seeking was
> enforcement of an existing court order. The judge decided that the
> current Remeyite groups were sufficiently distinguished from the
> earlier one that that court order did not apply. She said nothing
> about the merits of the court order itself.
She did treat the original case as res judicata and indicated that the
issues therein could not be retried
> My reading of this is that the judge is saying if the NSA wants to
> protect its trademarks it will have to file a fresh law suit against
> each one of them. The 1966 decision cannot be used for that purpose.
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Author: JeffreyJeffrey Date: Apr 24, 2008 20:39
On Apr 24, 5:26 pm, "Asparagus" spimspam.com> wrote:>> Judge St Eve issued her decision this morning in the case brought
>> against the Orthodox Baha'is and others by the Wilmette NSA, finding
>> that the OBF was not in privity with the NSA under the Hereditary
>> Guardianship (Mason Remey's organization) and therefore the Judgment
>> is not binding upon the OBF and it could not be held in contempt of
>> court.
>
>> I will have the Judge's opinion posted shortly and will notify you.
>
>> Jeffrey
>
> My heartiest congratulations to you in respect of this decision.
>
> I would put two questions to you: -
> ...
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Author: áÇ Çáå ÇáÇ Çááå ÍÞÇð ÍÞÇðáÇ Çáå ÇáÇ Çááå ÍÞÇð ÍÞÇð Date: Apr 24, 2008 21:19
On Apr 25, 10:04 am, "Asparagus" spimspam.com> wrote:
> No doubt Nima will now seek to employ him to progress actions against the
> "Bahaim Internet Committee" and others, including its many servants and
> agents who are, allegedly, liberally distributed. I wonder if he records
> his telephone conversations.
He does. And you are on the short list of entities to be sued.
W
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Author: Baha'i Censorship - See WebsiteBaha'i Censorship - See Website Date: Apr 25, 2008 05:13
>
> Until the Judgment becomes final, I am afraid I cannot comment on
> those questions.
>
> Thank you all for your congratulations. I am of course very happy with
> Judge St Eve's impressive opinion and all of the Orthodox Baha'is look
> forward to the day when we can continue to publicly practice our
> religion without interference from the violating Wilmette NSA.
>
> Jeffrey
--
Jeffrey,
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