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WILKES-BARRE: For a long time some people have puzzled over what seemed to be a particularly cozy relationship between Sundance Vacations and the Pennsylvania Attorney General’s office. I never heard anything I could really put my finger on, though, so I haven’t mentioned it.
But now we have something that a lot of fingers are pointing to, and it’s worth a mention. You see, the law firm that has been representing Sundance in the Sundance vs Whitehead/Boycott Sundance Vacations case is Scranton-based Myers Brier & Kelly LLP, and that law firm has just lured away employment lawyer Erik Anderson from the AG’s office to help the firm open a new office in Harrisburg. Anderson has spent 18 months handling labor and employment matters under Attorney General Kathleen Kane; he’ll become the first of a planned three attorneys for the new Harrisburg outpost.
The theory making the rounds is that you don’t hire an attorney you don’t know (and who doesn’t have valuable contacts) to head up a whole new office for you. I dunno; maybe there’s something to it?
Since we’re here, what’s happening with the Whitehead case? Glad you asked!
Not much. As I mentioned in March, Sundance has been pretty quiet for several months — ever since their deposition of Ms. Denise Guida didn’t go their way. As it turns out, that deposition is still biting them on their butts, since they have flatly refused to provide her or her attorney a copy of the video they took during the deposition, using what seems to me to be pretty lame excuses. It makes you wonder why, doesn’t it? What’s in that video that they don’t want anyone to see?
Ms. Guida, via her attorney Bruce Baldwin, has filed a motion to the Court seeking to excuse her from further discovery or alternatively to force the law firm to provide a copy of that video. You see, during the course of that deposition attorney Donna Walsh stated her intention to conduct further discovery of Ms. Guida. But it’s been, what, five months? And there has been no further contact by Walsh, so that threat is still hanging over Ms. Guida’s head and she’s sick and tired of it. (You’ll notice the choice close there: Either remove the threat OR provide that video.) Again, we’ve already seen the 169-page transcript of the deposition so what’s in that video that Walsh et al don’t want anyone to see?
Oh, one more thing. Mr. Whitehead has also petitioned the Court. In addition to asking Ms. Walsh for a copy of the video for himself he filed a Motion For Dismissal or in the alternative an Order to Proceed to the Alleged Damages Phase since a judgment of liability was entered on November 17, 2012.
Yeah, you read that right. The judgment was entered in November 2012 (the complaint was filed in April 2012) and Sundance has been spending the ensuing years (and lots of money) trying to tie the case and Whitehead to the Boycott Sundance Vacations page on Facebook, in a so-far futile attempt to get that page removed. For years they’ve insisted it was Whitehead who created the page (it wasn’t) and has refused to remove it (he cannot); but in the November 2014 deposition of Ms. Guida they suddenly tried to pin it on her instead. Hunh?
ANYhow, Whitehead (who is representing himself since he can’t afford an attorney) asks the Judge to look at the facts of the case in linear order, peruse the many attached exhibits and bring an end to this case, one way or another. If you want to look at all the documents yourself, they are available to the public at the Luzerne County Prothonotary’s web site. http://tinyurl.com/nsmgakn When you get there, type this case number in the appropriate box: 201208006 (Note that you’ll be charged a small fee to actually view the documents)
When you see the huge number of documents that have been filed in what was originally a breach of contract case, you’ll be amazed. SLAPP, anyone? (A strategic lawsuit against public participation [SLAPP] is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.)
If you want to see the Motion to Dismiss in its huge (10MB) pdf entirety free for nothing, click on this link.
Oh! And what about that Boycott page that’s at the center of all this fuss? As of this writing the number of “Likes” has risen to 2,443 2,525 — 2,571 and counting.
“If you haven’t got anything nice to say about anybody, come sit next to me.” -Alice Roosevelt Longworth
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