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Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« on: August 29, 2007, 06:32:15 PM »
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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Offline hanzomon4

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Article from today's Dahlonega Nugget newspaper
« Reply #1 on: August 29, 2007, 06:37:44 PM »
::puke::
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i]Do something real, however, small. And don\'t-- don\'t diss the political things, but understand their limitations - Grace Lee Boggs[/i]
I do see the present and the future of our children as very dark. But I trust the people\'s capacity for reflection, rage, and rebellion - Oscar Olivera

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Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« Reply #2 on: August 29, 2007, 06:57:21 PM »
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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Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« Reply #3 on: August 29, 2007, 07:03:18 PM »
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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Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« Reply #4 on: August 29, 2007, 07:22:08 PM »
Quote from: ""Guest""
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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Offline Anonymous

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me?
« Reply #5 on: August 29, 2007, 07:22:15 PM »
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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Offline Anonymous

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Re: me?
« Reply #6 on: August 29, 2007, 07:25:12 PM »
Quote from: ""SH""
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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Offline Anonymous

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See the Bottom*
« Reply #7 on: August 29, 2007, 07:29:30 PM »
Deborah
Prolific contributor


Joined: 19 Aug 2002
Posts: 5034
Location: Texas
 Posted: Fri Aug 24, 2007 7:28 pm    Post subject:    

--------------------------------------------------------------------------------
 
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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Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« Reply #8 on: August 29, 2007, 07:41:23 PM »
Quote from: ""Guest""
Quote from: ""Guest""
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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Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« Reply #9 on: August 29, 2007, 07:43:04 PM »
Then why settle?
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Offline hanzomon4

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Article from today's Dahlonega Nugget newspaper
« Reply #10 on: August 29, 2007, 07:46:30 PM »
Yeah, not that I'm criticizing....
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i]Do something real, however, small. And don\'t-- don\'t diss the political things, but understand their limitations - Grace Lee Boggs[/i]
I do see the present and the future of our children as very dark. But I trust the people\'s capacity for reflection, rage, and rebellion - Oscar Olivera

Howto]

Offline Deborah

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Article from today's Dahlonega Nugget newspaper
« Reply #11 on: August 29, 2007, 08:22:04 PM »
Quote from: ""Guest""
Then why settle?


Wasn't the plaintiffs wishes. They have the option of settling or dropping out of the suit.
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gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline hanzomon4

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Article from today's Dahlonega Nugget newspaper
« Reply #12 on: August 29, 2007, 08:34:37 PM »
So they were forced to settle basically?
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i]Do something real, however, small. And don\'t-- don\'t diss the political things, but understand their limitations - Grace Lee Boggs[/i]
I do see the present and the future of our children as very dark. But I trust the people\'s capacity for reflection, rage, and rebellion - Oscar Olivera

Howto]

Offline Deborah

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Article from today's Dahlonega Nugget newspaper
« Reply #13 on: August 29, 2007, 09:18:29 PM »
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.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Anonymous

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Article from today's Dahlonega Nugget newspaper
« Reply #14 on: August 29, 2007, 09:32:44 PM »
Quote
Judge denied the discovery process.


Is that even legal?
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