about the lawsuit

[Anonymous]

Wonder why Len Buccellato sent this email out to parents etc. from HLA this week then?

Dear Colleague and Friends of HLA:

 

As you are all aware this has been a most difficult past year due to the lawsuit filed against Hidden Lake Academy.  Judge William O'Kelley has recently issued an Order dismissing without prejudice the plaintiffs' motion for class certification. HLA had prior to this Order agreed to a settlement agreement rather than be faced with the time and expense of litigation and a possible appeal by the plaintiffs.  It is important for HLA, our families, and our referral sources to put this entire matter in the past.

 

Our focus has remained steadfast on the students and our program throughout this past year.  We have added some new developmental aspects to our program which are very exciting.  We appreciate your faith in our school, and we want you to know your confidence in our school and staff is well placed.

 

Sincerely,

Len Buccellato, Ph.D.

[Anonymous]

The Lumpkin County Office of Clerk of Superior Court

Edward E. Tucker, Clerk of Superior Court

99 Courthouse Hill, Ste. D

Ph. 706-864-3736, Fax: 706-864-5298



I just called, they said there are 23 cases involving HLA (most are HLA going after parents for garnishments).  If you have the case number OR the Plaintiff information they'll tell you whether or not the case has been dismissed.  


Public information is a wonderful thing, folks.

[Anonymous]

i think what this means is the judge knows len is in the wrong, but he doesnt want to try the case because of a conflict of interest, or recognition of personal bias, or whatever. the plaintiffs can just make an appeal, take it to another judge and get a real ruling.

i bet what happened was Len told the judge "i screwed up, let me settle this out of court, you dismiss it, i throw something your way, and in the meantime i bring the school up to standard. by the time the plaintiffs get their appeal HLA will be a new place and their case will be completely unfounded"

[Anonymous]

I know of at least 7 families that HLA owes anywhere from $40,000 to $60,000 back to when they took their children out early from HLA and had paid the full tuition up front. Some of these families HLA has owed for almost a year now. So, who is suing who?

[Anonymous]

If the case was not dismissed, than why has all the information about the petition against Hidden Lake Academy been removed from the Berger Montague site. The information about this petition for a lawsuit and the complaint have always been on the Berger Montague site and all of it has now been removed. Explain tha one.

Call Berger and Montague!  I did.  Everyone should.  It is sending
a really poor message.

[Anonymous]

Wonder why Len Buccellato sent this email out to parents etc. from HLA this week then?

Dear Colleague and Friends of HLA:

 

As you are all aware this has been a most difficult past year due to the lawsuit filed against Hidden Lake Academy.  Judge William O'Kelley has recently issued an Order dismissing without prejudice the plaintiffs' motion for class certification. HLA had prior to this Order agreed to a settlement agreement rather than be faced with the time and expense of litigation and a possible appeal by the plaintiffs.  It is important for HLA, our families, and our referral sources to put this entire matter in the past.

 

Our focus has remained steadfast on the students and our program throughout this past year.  We have added some new developmental aspects to our program which are very exciting.  We appreciate your faith in our school, and we want you to know your confidence in our school and staff is well placed.


THIS IS A TOTAL FABRICATION AND OUT AND OUT LIE.  SEND IT TO
JUDGE O'KELLEY...ANYONE WANT TO PICKET THE COURTHOUSE?

 

Sincerely,

Len Buccellato, Ph.D.

[Anonymous]

well, what did berger montague tell you?

[LMJ630]

i think what this means is the judge knows len is in the wrong, but he doesnt want to try the case because of a conflict of interest, or recognition of personal bias, or whatever. the plaintiffs can just make an appeal, take it to another judge and get a real ruling.

i bet what happened was Len told the judge "i screwed up, let me settle this out of court, you dismiss it, i throw something your way, and in the meantime i bring the school up to standard. by the time the plaintiffs get their appeal HLA will be a new place and their case will be completely unfounded"

You people are really dense, aren't you?

THE CASE HAS NOT BEEN DISMISSED.  What part of that sentence do you not understand?

"Judge William O'Kelley has recently issued an Order dismissing without prejudice the plaintiffs' motion for class certification."

First of all, Buccellato is using the word "dismissed" improperly, probably because he figures that the parents will assume the same thing all of you did, which is that the entire case was dismissed.  Motions are DENIED, not dismissed.  Here is the EXACT wording that is used in the court filing: "ORDER denying without prejudice [37] Motion to Certify Class."

The judge denied the MOTION, that is all.  I'm sure plenty of you watch Law & Order or other courtroom dramas on TV where they file motions for this and that.  In real life, motions are filed all the time and they are either accepted or denied by the judge.  Just because a motion is denied DOES NOT MEAN THAT THE ENTIRE CASE IS DISMISSED.

Call the court and ask yourselves.  Lumpkin County is served by the Gainesville division office of the U.S. District Court for the Northern District of Georgia.  The phone number is (678) 450-2760.  The case number is 2006CV00146.

[LMJ630]

The Lumpkin County Office of Clerk of Superior Court

Edward E. Tucker, Clerk of Superior Court

99 Courthouse Hill, Ste. D

Ph. 706-864-3736, Fax: 706-864-5298



I just called, they said there are 23 cases involving HLA (most are HLA going after parents for garnishments).  If you have the case number OR the Plaintiff information they'll tell you whether or not the case has been dismissed.  


Public information is a wonderful thing, folks.

The case is not being heard in that court.  It is being heard in the U.S. District Court.  Please see my post above.

[Anonymous]

You know, the handful of parents that showed up at the courthouse
in January, before Judge O'Kelley, could have used some support
and not just on Fornits.  There were so many excuses as to why parents
and advocates could not make it.  Alison Pinto wouldn't even return our calls.  I guess she got to big for us, along with the rest of the blowhards
that also make a living on the reverse side.  They all write their books,
write their columns, but ask them to step up and help?  It is my opinion that it was a HUGE error not to include the media on this case.  But, it is not over.  If you Really care, then get off your ASSES and quit bloviating
and DO SOMETHING. No one will hear anyone, if one does not take their
voices passed Fornits.  Fornits, thanks to all, is a wonderful media outlet,
but it is a springboard, so move with your convictions as many of us have.

[Anonymous]

well, what did berger montague tell you?

I would like you to find out for yourself...215-875-3000.  then we shall chat.

[Anonymous]

The Lumpkin County Office of Clerk of Superior Court

Edward E. Tucker, Clerk of Superior Court

99 Courthouse Hill, Ste. D

Ph. 706-864-3736, Fax: 706-864-5298



I just called, they said there are 23 cases involving HLA (most are HLA going after parents for garnishments).  If you have the case number OR the Plaintiff information they'll tell you whether or not the case has been dismissed.  


Public information is a wonderful thing, folks.

The case is not being heard in that court.  It is being heard in the U.S. District Court.  Please see my post above.

Noted.  Somebody call THEM then and find out what the hell is going on.  Sounds like "L" is right.  The Motion was denied, the case was not dismissed.

[Anonymous]

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.

[Anonymous]

It always amazes me how parents can somehow find the $$$$$$$$ to spend on a fucking program, but.........




well, you get the idea.

[Anonymous]

The problem BEEEOOOTCCH is that when they have blown through all their money thinking they are helping their child at HLA, what do they have left? All they have left is an angry kid who was not helped at all and an empty wallet. You try spending over $100,000 trying to help your child and the see if YOU have any money left to hire lawyers to fight HLA. Don't speak about it if you have not lived through it!!!