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Re: Impoundment of 3ABN & Danny Lee Shelton vs Joy & Pickle


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From:  G. Arthur Joy
To:  AUReporter
Subject:  Re: Impoundment of 3ABN & Danny Lee Shelton vs Joy & Pickle - Vacated
Date:  Thursday, June 21, 2007 7:25 PM

In the matter of 3ABN & Danny Lee Shelton, Individually, v. Gailon Arthur Joy and Robert Pickle:

Judge Saylor vacated the Temporary Impoundment and all documents will be be available on Pacer as soon as the clerk gets them into the system. There were no restrictions outside the current Federal Rules of Civil Procedure and the Local Rules of U.S. District Court of Massachusetts.

For those who wonder why it took so much time, in summary, the case was served on April 30, 2007 (drafted April 5) with an Ex Parte Motion for Temporary Impoundment. We had 10 days to respond and Attorney Laird Heal did a response for the May 10 hearing on the Ex Parte Motion worthy of an Appellate Brief for delivery to the Bench and Counsel. Oral arguments were about 45 minutes and Counsel for Plaintiffs requested 2 weeks to do a supplemental response to Laird's Brief. The Bench granted two weeks and then granted to Laird Heal two additional weeks to file a supplemental brief to Plaintiffs' supplemental response and scheduled a a status conference for June 21, 2007.

Frankly, they caught us completely by surprise as we had expected and been prepared for an ex parte to try and shut down the website. The Impoundment request just never entered our thinking. Therefore, I must commend Laird J. Heal for an excellent brief in short order.

After carefully discussing trial strategy, we made the determination there would be the potential for serious conflicts as we progressed and added parties, etc. Therefore, I opted to enter my appearance Pro Se and manage my own case in concert with Defendant Pickle's counsel.

I have attached copies of my Opposition, Proposed Order, Notice of Appearance. Other documents will be made available as we progress through the coming week.

Judge Saylor has asked us to Motion to Amend Answers to the complaint by July 23, and we will do so to add Affirmative defenses and our counterclaim.

Then we move into the discovery phase. We will have our Rule 26(f) conference next week and are scheduled for a Rule 16 Hearing on Monday, July 23, 2007.

For those who wish to look up the rules, they are readilly available online under the title "Federal Rules of Civil Procedure."

As we take the offensive, your prayers are needed for all the parties and we trust that the Lord will lead as we work toward a goal of reformation and reconciliation that 3ABN can be restored to whatever plan the Lord has in store.

Gailon Arthur Joy

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