Complete Order dismissing case _Update!!! Order here!
 

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JennyM PostPosted: Thu Aug 03, 2006 4:57 pm

Complete Order dismissing case _Update!!! Order here!

I have received it. Geting uploaded now and will post shortly.


http://www.refugeesunleashed.net/Scan1189.pdf
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Fu-Gee-La PostPosted: Thu Aug 03, 2006 4:58 pm

THANK YOU JENNYM!!

Aruba Flag Aruba Flag
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cassidy PostPosted: Thu Aug 03, 2006 4:59 pm

Re: Complete Order dismissing case

JennyM wrote:
I have received it. Geting uploaded now and will post shortly.


Thanks!




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joynow PostPosted: Thu Aug 03, 2006 5:23 pm

Thank you, Jenny! Smile
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pax PostPosted: Thu Aug 03, 2006 5:27 pm

Thank you very much JennyM.

I hope you are having a great day.




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JennyM PostPosted: Thu Aug 03, 2006 5:30 pm

No problem, you all. My pleasure.

Thanks, Joy, for uploading it for me.

http://www.refugeesunleashed.net/Scan1189.pdf

Looks like a very cut and dried dismissal based on forum.
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amicus PostPosted: Thu Aug 03, 2006 5:35 pm

Piqued, Repiqued and Capoted. Nice win for JT on every point.




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Absalom and Achitophel PostPosted: Thu Aug 03, 2006 5:38 pm

Yes a very straightforward decision. Certainly not requiring all these months to "research and decide" as some had hoped and concluded. More likely sitting in the "time waster" bin having been decided in the first few days or weeks.




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charlierat PostPosted: Thu Aug 03, 2006 5:39 pm

Thank you for posting it here, JennyM.

Short, sweet, and to the point!

I note that the dismissal is without prejudice. But, as Perry Peabody pointed out on the "We Won" thread, it does act to bar a new action in New York through the doctrine of res judicata.
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Black-Tulip PostPosted: Thu Aug 03, 2006 5:40 pm

Just a part:


In addition, plaintiff Elizabeth Twitty indicates that she
fears returning to Aruba because of an alleged incident and threat
she received in September 2005 during a prior visit to the island.
However, she has since returned, albeit briefly, to Aruba in
November 2005 to give a statement to the Aruban police department,
and it is not clear that adequate security arrangements could not
be made to alleviate Ms. Twitty's concerns.




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lushus PostPosted: Thu Aug 03, 2006 5:40 pm

Thanks Jenny .. Cool




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gagal_05 PostPosted: Thu Aug 03, 2006 5:41 pm

Black-Tulip wrote:
Just a part:


In addition, plaintiff Elizabeth Twitty indicates that she
fears returning to Aruba because of an alleged incident and threat
she received in September 2005 during a prior visit to the island.
However, she has since returned, albeit briefly, to Aruba in
November 2005 to give a statement to the Aruban police department,
and it is not clear that adequate security arrangements could not
be made to alleviate Ms. Twitty's concerns.


I was just going to post that part too. Very Happy
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Fu-Gee-La PostPosted: Thu Aug 03, 2006 5:41 pm

"Plantiffs counsel made reference during the oral argument to a supplemental affidavit From Mrs. LeJeuz in which she firmly stands by her story that Karin Martina went to an Aruban government lawyer who brought her to Mrs. LeJeuz to make a complaint about the defendent. However, this affidavit was not submitted due to its production for the first time in Court during the oral arguement in New Jersey and thus beyond the supoena power of New York."

Question
translation anyone?
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jmo PostPosted: Thu Aug 03, 2006 5:44 pm

Thanks Jenny!
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MJTenn PostPosted: Thu Aug 03, 2006 5:44 pm

gagal_05 wrote:
Black-Tulip wrote:
Just a part:


In addition, plaintiff Elizabeth Twitty indicates that she
fears returning to Aruba because of an alleged incident and threat
she received in September 2005 during a prior visit to the island.
However, she has since returned, albeit briefly, to Aruba in
November 2005 to give a statement to the Aruban police department,
and it is not clear that adequate security arrangements could not
be made to alleviate Ms. Twitty's concerns.


I was just going to post that part too. Very Happy


ha, that part caught my attention as well.
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Black-Tulip PostPosted: Thu Aug 03, 2006 5:44 pm

Conclusion

... this Court finds that New York is not a convenient forum for
litigating the instant dispute which "has no discernible connection
to New York but a very substantial nexus to" Aruba. ....

dancing dude




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justamom PostPosted: Thu Aug 03, 2006 5:47 pm

Jenny M Thank You. I agree it looks really cut and dry. Im guessing the decision was made awhile back.
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joynow PostPosted: Thu Aug 03, 2006 5:49 pm

Black-Tulip wrote:
Conclusion

... this Court finds that New York is not a convenient forum for
litigating the instant dispute which "has no discernible connection
to New York but a very substantial nexus to" Aruba. ....

dancing dude

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Fiery PostPosted: Thu Aug 03, 2006 5:51 pm

i can't read pdf documents...can someone post this please? TIA
Who died and made YOU Darth Vader?



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Bean Bag PostPosted: Thu Aug 03, 2006 5:51 pm

Thank you JennyM.
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Fiery PostPosted: Thu Aug 03, 2006 5:53 pm

Fu-Gee-La wrote:
"Plantiffs counsel made reference during the oral argument to a supplemental affidavit From Mrs. LeJeuz in which she firmly stands by her story that Karin Martina went to an Aruban government lawyer who brought her to Mrs. LeJeuz to make a complaint about the defendent. However, this affidavit was not submitted due to its production for the first time in Court during the oral arguement in New Jersey and thus beyond the supoena power of New York."

Question
translation anyone?


good question
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Siddalee PostPosted: Thu Aug 03, 2006 5:53 pm

Black-Tulip wrote:
Just a part:


In addition, plaintiff Elizabeth Twitty indicates that she
fears returning to Aruba because of an alleged incident and threat
she received in September 2005 during a prior visit to the island.
However, she has since returned, albeit briefly, to Aruba in
November 2005 to give a statement to the Aruban police department,
and it is not clear that adequate security arrangements could not
be made to alleviate Ms. Twitty's concerns.


Was that the visit when she arrived at the airport and was disappointed because there was only one local media person at the airport, not a flock of tv cameras and reporters from New York?
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Bean Bag PostPosted: Thu Aug 03, 2006 5:56 pm

Fiery wrote:
i can't read pdf documents...can someone post this please? TIA


Not ignoring you but it is a scanned doc Fiery, not a text doc, I think it needs to be transcribed to be posted.

Go download a free Adobe reader?
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SavannahStar PostPosted: Thu Aug 03, 2006 5:57 pm

Fiery wrote:
i can't read pdf documents...can someone post this please? TIA


Fiery, go to Adobe.com and download the reader. It's free.

This doc is scanned and it would be difficult to copy and put on here.
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Highrise PostPosted: Thu Aug 03, 2006 5:58 pm

Thank you JennyM




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