Archive for the ‘Docs’ Category

January 5, 2012 – Motion to Dismiss

Thursday, January 5th, 2012

Members’ Jan. 4, 2011 Motion to Dismiss ASHA’s 4th Appeal

  Appellees' Motion to Dismiss (961.3 KiB, 2,261 hits)

December 29, 2011 – Members’ Brief filed in the Court of Appeals

Thursday, December 29th, 2011

Attached below is the Members’ Brief filed in the Court of Appeals on December 27, 2011.

  12-27-2011 Brief of Appellees (1.3 MiB, 1,875 hits)

November 23, 2011 – Circuit Court Order Holding ASHA in Contempt and Orders ASHA to Reimburse Members

Wednesday, November 23rd, 2011

Attached is a copy of the Order entered by the Fayette Circuit Court on November 23, 2011 holding ASHA in contempt of court and ordering ASHA to reimburse the Members/Defendants for their expenses, including attorney fees, in pursuing the motion for contempt.

  11-23-11_Order_Holding_ASHA_in_Contempt (182.5 KiB, 1,756 hits)

November 18, 2011 – Correspondence regarding Alan Balch’s deposition

Friday, November 18th, 2011

Correspondence regarding Alan Balch’s deposition

  2-23-10SAHtoIshmael.pdf (110.4 KiB, 1,847 hits)


  2-23-10SAHtoStopher.pdf (124.3 KiB, 1,691 hits)


  2-24-10SchedulingOrder.pdf (30.6 KiB, 1,701 hits)


  3-10-10AdamsontoHoustonletter.pdf (32.0 KiB, 1,701 hits)


  3-11-10SAHtoStreepey.pdf (11.8 KiB, 2,434 hits)


  3-12-10AdamsontoHouston.pdf (15.8 KiB, 1,700 hits)


  3-29-10HoustontoGetty.pdf (326.4 KiB, 1,602 hits)


  3-30-10GettytoSAH.pdf (31.1 KiB, 1,686 hits)


  5-4-10AdamsontoSAH.pdf (10.7 KiB, 2,086 hits)


  5-4-10SAHtoStopher.pdf (11.6 KiB, 3,244 hits)


  5-6-10AdamsontoHoustonfax.pdf (39.4 KiB, 1,686 hits)


  BalchDepositionNotice.pdf (153.2 KiB, 2,297 hits)


  BalchSubpoena.pdf (159.2 KiB, 1,749 hits)


  HoustonlettertoCourt.pdf (110.4 KiB, 1,566 hits)


  StopherlettertoCourt.pdf (47.9 KiB, 1,658 hits)

November 7, 2011 – Members’ reply in support of its motion to hold ASHA in contempt.

Monday, November 7th, 2011

Attached is a copy of the Members’ reply in support of its motion to hold ASHA in contempt and sanction it for its conduct. The reply was filed in Fayette Circuit Court today.
The motion is now ripe for a decision, and we anticipate the Court will issue its decision soon.

  11-4-11_Members'_Reply_In_Support_of_Motion_to_Hold_ASHA_in_Contempt (590.8 KiB, 7,757 hits)

October 31, 2011 – ASHA’s Response to Post-Hearing Memorandum re Contempt

Monday, October 31st, 2011

Attached is a copy of ASHA’s response to the Members’ motion to hold ASHA in contempt for deleting emails, destroying computer hard drives and backup servers.

  ASHA's Response to Post-Hearing Memorandum (2.8 MiB, 1,920 hits)

October 25, 2011 – Video of William Woods Testimony – Court Transcript

Monday, October 24th, 2011

Click on the below link to watch the video – please be patient depending on your internet speed it could take a few minutes for the video to load.

Woods Video Transcript

 

October 24, 2011 – Members’ Post-Hearing Memo re ASHA’s destruction of records, computers and backup servers

Monday, October 24th, 2011

On Friday, October 24, 2011, the Members filed their Post-Hearing Memorandum in Support of their Motion to Hold ASHA in Contempt and Sanction ASHA for deleting Mr. Balch’s email, destroying his computer and the backup server during the litigation.

  Members' Post-Hearing Memo re Contempt (2.8 MiB, 1,982 hits)

October 4, 2011 – Order Denying Amicus Brief

Tuesday, October 4th, 2011

Attached is a copy of the order issued by the Court of Appeals denying the request of the Kentucky Center for Nonprofit Excellence to file an Amicus Curiae Brief.

  Order_Denying_Amicus_Brief (478.6 KiB, 1,710 hits)

October 4, 2011- Order Issued by Court of Appeals

Tuesday, October 4th, 2011

Attached is a copy of the order issued by the Court of Appeals which:

(1) Grants ASHA’s motion to consolidate two of the cases filed by ASHA;
(2) Grants ASHA’s motion to file a consolidated brief for those two cases;
(3) Strikes ASHA’s brief which was previously filed;
(4) Denies ASHA’s request to raise additional issues; and
(5) Stays the briefing schedule.

  Court_of_Appeals_Order_Starting_Process_Over (364.2 KiB, 1,815 hits)

October 3, 2011 – ASHA’s Third Appeal.

Monday, October 3rd, 2011

Attached is a copy of the ASHA’s notice of filing a third case with the Court of Appeals on October 3, 2011.

  ASHA's_3rd_Appeal (1.6 MiB, 1,887 hits)

September 30, 2011 – Today’s Ruling by the Court

Friday, September 30th, 2011

Today, the Fayette Circuit Court granted the Members’ request to conduct an evidentiary hearing, including sworn testimony from ASHA representatives, regarding the Members’ motion to hold ASHA in contempt of court for destroying e-mail, the executive director’s computer and ASHA’s backup files during the litigation.  The evidentiary hearing is scheduled for October 14, 2011.

September 29, 2011 – ASHA’s Response to Members’ Motion to Hold ASHA in Contempt

Thursday, September 29th, 2011

ASHA Response in Opposition to Defendant Members’ Motion to Hold ASHA in Contempt and Sanction ASHA for Its Conduct to be filed 9.29.11

  ASHA_Response_in_Opposition_to_Defendant_Members_Motion_to_Hold_ASHA_in_Contempt_and_Sanction_ASHA_for_Its_Conduct_to_be_filed_9.29.11.pdf (1.6 MiB, 1,751 hits)

September 23, 2011 – Members’ Motion to Hold ASHA in Contempt

Friday, September 23rd, 2011

Members’ Motion to Hold ASHA in Contempt For Destroying Records and Failing to Disclose Existence of Backups

  9-22-11 Members' Motion to Hold ASHA in Contempt (7.7 MiB, 1,902 hits)

September 14, 2011 – Motion for Leave to File Amicus Brief

Wednesday, September 14th, 2011

We received a copy of a motion for the Center for Nonprofit Excellence (the “Center”) to file an Amicus Brief in the Court of Appeals.  The Center is a Kentucky nonprofit corporation with no members.  In short, the Center argues that members’ inspection rights under KRS 273.233 should be limited.  The Center failed to cite any cases in support of their position, and it ignored the precedents from other states which support the Fayette Circuit Court’s ruling.

  Motion_for_Leave_to_File_Amicus_Brief (4.5 MiB, 1,912 hits)