Posts by alexadmin alexadmin:
What Jeffrey’s Been Reading: Tyranny, Inc.
Posted on: 30 Dec 2024
At the beginning of this year, I started reading Tyranny, Inc. by Sohrab Ahmari, where he offers a compelling critique of modern corporatism, particularly the way corporate power has become deeply entrenched in our daily lives.
MJ Management and Plaintiff’s File Motions for Reconsideration of Court’s Decision in Homestead Litigation
Posted on: 23 Sep 2024
On Friday, September 20, 2024, both MJ Management and the Plaintiffs filed Motions for Reconsideration of Judge David Freeman’s Findings of Fact and Conclusions of Law entered on September 11, 2024, in the much-contested Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al.). The Plaintiff’s Motion for Reconsideration addresses a wide range of topics where attorney Matthew Davis argues the court’s order was “inadequate and inappropriate,” and further goes on to say that the court’s decision was based on facts “not on (sic.) evidence presented at trial.” “[M]any, if not most of those findings, lack any evidentiary basis from trial or are simply wrong,” argues attorney Davis in his brief to the court (see below). The 11-page Motion for Reconsideration argues that the court had reversed itself from its oral ruling at the July 3, 2024, hearing; because the court had “used [plaintiff’s version of the proposed orders] to announce its decision in the case…” and “chose to use the plaintiff’s proposed findings as the basis for its oral decision…” and now believes the plaintiffs are “entitled to an explanation.” The court ultimately adopted the form of proposed findings of fact and conclusions of law, jointly submitted by MJ Management, 18 Paradise, and the Intervenors for its ultimate decision. In concluding its motion for reconsideration, attorney Davis challenges the court’s decision to terminate his and attorney K. David Andersson’s representation of the class members with the entry of the orders. In contrast, the Motion for Reconsideration filed by MJ Management (see below) focuses on a narrow issue related to the court’s decision that found the Sixth and Seventh Amendments to the Master Declaration to be void. The motion focuses on the evidence presented at trial and the weight the court placed on deposition testimony as opposed trial testimony of multiple witnesses that testified that MJ Management had authority under the terms of its agreements with 18 Paradise to record those amendments. In addition to MJ Management’s Motion for Reconsideration, the attorneys also filed a Motion for an Award of Attorney’s Fees and Costs on behalf of Mick O’Bryan and Josh Williams. These two individuals had originally been voluntarily dismissed from the case by the plaintiffs, when the Plaintiffs had filed their Third Amended Complaint, but were brought back into the case in January 2023 when the Plaintiff’s filed their Fifth Amended Complaint. The motion argues that plaintiffs brought O’Bryan and Williams back into the case “because they wanted to use the threat of personal liability to drive them to dismiss MJ Management’s declaratory counterclaim.” O’Bryan and Williams were ultimately dismissed personally from the case with their successful motion for summary judgment, where the court dismissed the plaintiffs’ Consumer Protection Act against all of the defendants, including O’Bryan and Williams. The Motion argues that O’Bryan and Williams were the prevailing parties as to this solitary claim brought against them by the plaintiffs and are requesting that the court award them their attorney’s fees and costs, which are stated in the Motion to be $245,762.11. A hearing is scheduled on the motion requesting fees on October 4, 2024. It will be up to the court to decide if it will take up MJ Management’s or Plaintiffs’ Motions for Reconsideration. the court’s decision regarding the limited role that Plaintiffs’ counsel will now play leaves open various questions. Whatever the case may be, the court’s decision marks the end of a significant chapter in litigation that has roiled the Homestead community, located in Lynden, Washington, for the last four years. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact [email protected].
Court Enters Final Orders in Homestead Litigation
Posted on: 13 Sep 2024
On Tuesday, September 11, 2024, Judge David Freeman entered his final decision in Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al.) The much-awaited Findings of Fact and Conclusions of Law, which were presented by the parties on July 26, 2024, were issued by the court. A copy of the court’s final orders is attached below. At the conclusion of the July 26, 2024, hearing, court adopted the form of the orders jointly presented by MJ Management, 18 Paradise, and the Intervenors; but the 19-page final orders addressed various issues that had been raised at the presentment hearing and clarified Judge Freeman’s earlier rulings from the bench on July 3, 2024. Much of what was contained in the final orders was what was expected by the parties, but the court addressed with more clarity several issues that will have a direct impact on the Homestead community and some parts of the case moving forward. Some of the key takeaways from the court’s decision: Plaintiffs counsel indicated in a court hearing on September 12, 2024, that they intend to appeal the court’s ruling, which could drag this case out for an additional year or more. When asked after the hearing, Jeffrey Possinger, one of the attorneys for MJ Management, stated that MJ Management was “considering all of their options.” In August, certain members of the Homestead community spoke to the City of Lynden about the state of disrepair at Homestead and parts of the grounds having become a fire hazard; much of which is directly attributed to the protracted litigation. The Homestead Golf Course litigation, which has been ongoing since 2020, will likely continue in some capacity into the foreseeable future, but the court’s decision regarding the limited role that Plaintiffs’ counsel will now play leaves open various questions. Whatever the case may be, the court’s decision marks the end of a significant chapter in litigation that has roiled the Homestead community, located in Lynden, Washington, for the last four years. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact [email protected].
Court Enters Judgement for Attorney’s Fees Against Plaintiffs and Plaintiffs’ Counsel
Posted on: 12 Aug 2024
On Friday, August 9, 2024, Judge David Freeman entered judgment for MJ Management against the plaintiffs and their counsel on an unpaid order for attorney’s fees and costs that had been previously entered in June 2024 but remained unpaid. Following a hearing on the issue, the court entered a judgment in the amount of $24,634.50. The underlying basis for the award of fees related to MJ Management being the prevailing party in a Motion for a Temporary Restraining Order (TRO) and Preliminary Injunctive Relief. At the hearing the court denied plaintiff’s motion for reconsideration they had previously filed in response to the order to pay MJ Management’s attorney fees. Plaintiff’s counsel indicated that they intend to appeal. Earlier, Defendant, 18 Paradise sought entry of judgment for the court’s orders awarding 18 Paradise its attorney fees in the amount of $17,816.50 related to the same motions seeking injunctive relief against plaintiffs and their counsel. The parties continue to wait for the court to issue its final findings and order addressing the court’s final decisions on the case, following a two-week trial in May 2024. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact [email protected].
Jeffrey Possinger to serve as faculty at NITA Deposition Skills Program
Posted on: 09 Aug 2024
Possinger Law Group attorney and founder Jeffrey Possinger will be serving as Faculty for The National Institute for Trial Advocacy (NITA) 2024 Deposition Skills conference, scheduled to be held at Seattle University School of Law on August 12th-13th, 2024. At the event, attendees will learn how to defend a deposition, prepare witnesses, handle opposing counsel, set up or defeat summary judgment, and utilize the deposition for testing case theories. With over two decades of experience in litigation, including complex high-stakes litigation matters, this is an opportunity for Possinger Law Group to make a positive impact on the level of professionalism in the legal community. “I am excited about this opportunity to give back,” says Jeffrey Possinger, in discussing his role of being on faculty this year for the program. “Considering that this program is being held at my alma mater, it makes participation even more meaningful.”