Fornits
Treatment Abuse, Behavior Modification, Thought Reform => The Ridge Creek School / Hidden Lake Academy => Topic started by: Anonymous on August 29, 2007, 06:32:15 PM
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Settlement should end HLA class action threat
By Matt Aiken
Settlement should end HLA class action threat
Federal Judge William C. O'Kelley put an end to a threat of legal action that has loomed over Hidden Lake Academy for nearly a year as he denied a potential class action lawsuit on the basis that the matter will be settled out of court.
News of the possible class settlement was acquired through legal documents from the U.S. States District Court in Gainesville.
As of press time, both sides had yet to submit the expected joint motion that should result in a settlement.
Positive news at the Camp Wahsega Road boarding school has been scarce since the lawsuit was filed on Sept. 11, 2006.
The parents of two former students initially accused school founder Len Buccellato of multiple ethical oversights which included the employment of unqualified instructors, the knowing acceptance of dangerous students and the misuse of school funds.
Buccellato could not be reached for comment on this story.
In February, both sides met in the federal courthouse in Gainesville to entertain a series of motions involving the pending lawsuit.
Nearly six months of deliberation and deferment later, the potential class action was officially denied by O'Kelley on Aug. 15th.
"[The] Plaintiff's original motion to certify has been sitting idle on the court's docket for over half a year, and, inasmuch as the parties will soon be submitting a joint motion to certify a settlement class, the court sees no reason to leave the old motion where it sits," read a signed order from the desk of O'Kelley.
Representatives from the plaintiffs' legal team declined to comment on the case.
"We're just happy that this thing is finally over," said Hidden Lake headmaster Joe Stapp. "So we can put all our focus on the kids.
Since September the enrollment in the approximately 150 student school dropped by about 100 students. Salaries were slashed and numerous employees were laid off.
At one point the school was described by a member of the HLA legal team as "teetering" on the brink of financial ruin.
"Basically, what was hurting us was paying attorneys," said Stapp. "And now that we don't have to pay attorneys we're in a much better position.â€
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::puke::
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Cuntrag, things won't move in a positive direction until your shithole is closed the fuck down.
I call bullshit. Some of the parents have sworn not to settle.
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It looks like they chose to settle after all. I can't believe HLA would agree to a settlement unless it meant an agreement of no more lawsuits. This thing looks dead. The parents did what HLA folks said they would do all along. Settle. The good thing is that HLA had to make some much needed changes. They will be better off for it.
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It looks like they chose to settle after all. I can't believe HLA would agree to a settlement unless it meant an agreement of no more lawsuits. This thing looks dead. The parents did what HLA folks said they would do all along. Settle. The good thing is that HLA had to make some much needed changes. They will be better off for it.
it is not as simple as you stated.
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If you are calling ME names, please re-read the post. I typed absolutely NOTHING about my opinion. I cut and pasted the article from the paper. With zero personal comment. And, by the way, its not MY shithole. I am not the owner, defendant, employee, or attorney. I just posted the article. That's all. I thought some might want to know there was a new article thats it.
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If you are calling ME names, please re-read the post. I typed absolutely NOTHING about my opinion. I cut and pasted the article from the paper. With zero personal comment. And, by the way, its not MY shithole. I am not the owner, defendant, employee, or attorney. I just posted the article. That's all. I thought some might want to know there was a new article thats it.
Ya know what then? Ignore it. You defended that shithole to no end. Posted as different people, trashing people here, calling them liars etc.
Some anon meanie wasn't nice to me. Wahhhh. :cry2: Ignore it. :roll:
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Deborah
Prolific contributor
Joined: 19 Aug 2002
Posts: 5034
Location: Texas
Posted: Fri Aug 24, 2007 7:28 pm Post subject:
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LMJ630 wrote:
Guest wrote:
I think we understand that the case is not dismissed just that the Judge dismissed the motion to allow class certification for the plantiffs. Well, what we also understand is that now the plantiffs will have to file individual suits if they proceed against HLA. How many parents can afford to move forward with individual suits after paying $100,000 or more to HLA? Helloooooo, we are not dumb, just realistic. To some people, the Judge dismissing the motion to certify the class action suit is the end of the road of suing HLA.
That is partly true. The plaintiffs named in the case originally may continue with the case. It appears that they are going to settle, but they have the right at any time to say that they want to continue to trial. Denying the motion to certify the class just means that they may not add any more plaintiffs who were not originally named in the complaint. So any other families who have the desire and money to sue HLA will have to file their own individual lawsuits.
*
Thanks for sharing all your legal wisdom L. It's very helpful. For clarification, it's my understanding that it wasn't the plaintiffs who wanted to settle, it was the lawfirm. They sat for 7 months or so waiting for the judge to make a ruling.
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It looks like they chose to settle after all. I can't believe HLA would agree to a settlement unless it meant an agreement of no more lawsuits. This thing looks dead. The parents did what HLA folks said they would do all along. Settle. The good thing is that HLA had to make some much needed changes. They will be better off for it.
it is not as simple as you stated.
In the Judges order, it stipulates "without prejudice" which means other
lawsuits can be filed. Changes have been made thanks to the ORS getting off it's ass. Now, let see if they are diligent in their monitoring.
If one thinks that the majority of the families would not prefer to have their day in court with Mr. Buccellato, they are mistaken. The families would like nothing more than to be able to prove the allegations against
Mr. Buccellato and HLA.
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Then why settle?
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Yeah, not that I'm criticizing....
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Then why settle?
Wasn't the plaintiffs wishes. They have the option of settling or dropping out of the suit.
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So they were forced to settle basically?
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Plaintiffs lawfirm made the decision.
Seven months waiting for the judge to rule on the class.
Guess they took Buchi's word that he had no money.
Did they have a choice? Judge denied the discovery process.
So yes, in effect, the court forced a settlement, or so it appears.
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Judge denied the discovery process.
Is that even legal?
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so with the no money thing how could they settle...like what did they settle for...if i am not mistaken when you settle you do so for a monetary sum...if there were no funds what could they settle for? just wondering...
thanks!
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It was pretty evident in the hearing that he wasn't going to class the suit.
Anyone have a copy of that transcript they can post? Some of his comments were unbelievable, very unprofessional, imo.
As to the legality of denying the discovery process, I don't know, but assume B&M did and that they would've taken action if it was illegal.
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so with the no money thing how could they settle...like what did they settle for...if i am not mistaken when you settle you do so for a monetary sum...if there were no funds what could they settle for? just wondering...
thanks!
Not been made public yet. Claims there's no insurance. Maybe he'll pay with the Chapel Fund. :rofl:
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Hopefully and admittance of wrong doing is one of the conditions of the settlement, I'm not holding my breath though. In fact I'd bet that a condition of the settlement is to never disclose publicly what the terms of settlement are...
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Hopefully and admittance of wrong doing is one of the conditions of the settlement, I'm not holding my breath though. In fact I'd bet that a condition of the settlement is to never disclose publicly what the terms of settlement are...
well, that won't fly.
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The GEO group has successfully done this many times, and I've come across more that I can't remember by name, but non discloser is common in settlements.
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Hopefully and admittance of wrong doing is one of the conditions of the settlement, I'm not holding my breath though. In fact I'd bet that a condition of the settlement is to never disclose publicly what the terms of settlement are...
I can almost guarantee there's a 'no admittance of wrongdoing' stipulation or clause. Why would they (HLA) ever settle otherwise?
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Hopefully and admittance of wrong doing is one of the conditions of the settlement, I'm not holding my breath though. In fact I'd bet that a condition of the settlement is to never disclose publicly what the terms of settlement are...
I can almost guarantee there's a 'no admittance of wrongdoing' stipulation or clause. Why would they (HLA) ever settle otherwise?
Settling is a stupid and selfish idea in my opinion... Unless it's a "settlement" big enough to put Len in the poorhouse, what's the point? Compensation? What about those who are still there?
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"Basically, what was hurting us was paying attorneys," said Stapp. "And now that we don't have to pay attorneys we're in a much better position.â€
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The part in the Dahlonega Nuggett newpaper article today said that Len Buccellato could not be reached for comment about the article. Well, Big SURPRISE there! Buccellato can never be found when there is any problems or trouble. He lets his little HLA flunkees to the dirty work for him. Lot of us parents that had kids at HLA since September 2006 when the lawsuit was filed watche the decline of HLA and how horrible it was getting with teachers quitting left and right and other staff leaving or getting laid off. When we parents, as paying customers wanted to speak to Buccellato through emails or phone calls, nobody could ever reach him. Here we were paying $6000 a month to the school and Buccellato never even bothered to respond to any of us parents about our concerns. HLA is the most unprofessional and deceitful place that I have ever encountered.
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The part in the Dahlonega Nuggett newpaper article today said that Len Buccellato could not be reached for comment about the article. Well, Big SURPRISE there! Buccellato can never be found when there is any problems or trouble. He lets his little HLA flunkees to the dirty work for him. Lot of us parents that had kids at HLA since September 2006 when the lawsuit was filed watche the decline of HLA and how horrible it was getting with teachers quitting left and right and other staff leaving or getting laid off. When we parents, as paying customers wanted to speak to Buccellato through emails or phone calls, nobody could ever reach him. Here we were paying $6000 a month to the school and Buccellato never even bothered to respond to any of us parents about our concerns. HLA is the most unprofessional and deceitful place that I have ever encountered.
I have watched Len literally run from parents as fast as those stubby little legs of his could propel him. Not too long ago he was standing in the lobby talking to one of his henchmen when he saw a man, woman, and child coming through the door. He asked who they were and was told it was the family bringing their son for admission. Without another word, he scurried to his office and closed the door. He is one of the most gutless cowards I've ever had the misfortune of knowing.
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It was pretty evident in the hearing that he wasn't going to class the suit.
Anyone have a copy of that transcript they can post? Some of his comments were unbelievable, very unprofessional, imo.
As to the legality of denying the discovery process, I don't know, but assume B&M did and that they would've taken action if it was illegal.
Not sure if this is the transcript you mean, but here ya go...
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
JILL RYAN and RON RYAN, :
DOFF MEYER and ROBIN :
BRECKER, WALTER COLES, :
THERESA PINES, and :
DR. EDWARD ROBERSON and :
MADELEINE ROBERSON, :
individually and on :
behalf of others similarly situated, :
:
Plaintiffs, : CIVIL ACTION
: N O. 2:06-CV-0146-WCO
vs. ::
HIDDEN LAKE ACADEMY, INC., :
HLA, INC., HIDDEN LAKE :
FOUNDATION, INC., and DR. :
LEONARD BUCCELLATO, :
:
Defendants. :
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ORDER
Plaintiffs’ motion for class certification [37-1] has been pending since
December 29, 2006. The court has not ignored the motion. On two occasions, the court has granted the parties’ request to defer ruling on it. The most recent request came on June 25, 2007, at which time the parties informed the court that they had reached a settlement agreement and would be jointly moving to certify a settlement class.
Plaintiffs’ original motion to certify has been sitting idle on the court’s
docket for over half a year, and, inasmuch as the parties will soon be submitting a joint motion to certify a settlement class, the court sees no reason to leave the old motion where it sits. Accordingly, plaintiffs’ motion for class certification [37-1] is hereby DENIED without prejudice. As the court made clear during its June 25, 2007 telephone conference, the parties may submit their joint motion for the court’s consideration when it is prepared.
IT IS SO ORDERED, this 15th day of August, 2007.
s/William C. O’Kelley
WILLIAM C. O’KELLEY
Senior United States District Judge
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Nope, not that one. The hearing in January re: classing the suit. The public might enjoy reading some of his ignorant, unprofessional comments........
Like kicking things off with stating he hadn't classed a suit since the 70's and, "I have pretty much made up my mind, but if ya'll want to chat about it..."
Here's a doozy:
You pay for a Lincoln Towncar and you get a Ford Pinto, surmised Davidoff. That's what this is.
"It's still a Ford", replied O'Kelly.
And you know the public will be rivited to his ramblings about his chickens and the free lunch at the bar that appeared to be more important than the issue he was preciding over.
Do they put comments like the latter in public records?
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Nope, not that one. The hearing in January re: classing the suit. The public might enjoy reading some of his ignorant, unprofessional comments........
Like kicking things off with stating he hadn't classed a suit since the 70's and, "I have pretty much made up my mind, but if ya'll want to chat about it..."
Here's a doozy:
You pay for a Lincoln Towncar and you get a Ford Pinto, surmised Davidoff. That's what this is.
"It's still a Ford", replied O'Kelly.
And you know the public will be rivited to his ramblings about his chickens and the free lunch at the bar that appeared to be more important than the issue he was preciding over.
Do they put comments like the latter in public records?
I think that info would have to come directly from the court. The records I can access don't allow me to see the court reporter's exact transcript, just the formal filings associated with each hearing or court event.