ASHA sued by former employee.

  Wasserzug_Complaint (394.7 KiB, 1,602 hits)

Today, ASHA’s attorneys state that they will produce some records and withhold other records next week.  They also demand that the Concerned Members not share any of the records with other ASHA members.  In other words, unless you were “lucky” enough to be sued by the ASHA, the ASHA board does not want you to see the records they disclose next week.

  6-9-11_letter_to_Stephen_Houston (75.4 KiB, 1,087 hits)

  6-9-11_Houston_to_Streepey (224.6 KiB, 979 hits)

Today, counsel for the Concerned Members sent a follow up letter to counsel for ASHA demanding that ASHA comply with the Court’s Judgment.

  6-3-11 Houston ltr Adamson (524.4 KiB, 1,056 hits)

Concerned Members’ Request to Inspect Records Per Court’s Order

  6-2-11_Houston_to_Streepey (378.8 KiB, 1,068 hits)

On Friday, May 27, ASHA filed two documents with the Court of Appeals identifying the videotapes of court hearings and other court records ASHA wants the Court of Appeals to review.  That same day, ASHA filed a motion in the Fayette Circuit Court asking permission to submit copies of deposition transcripts and exhibits for the Court of Appeals to review although ASHA did not submit portions of those transcripts to the Fayette Circuit Court before it rendered its decision.  ASHA scheduled a hearing on that motion to take place in the Fayette Circuit Court on Friday, June 3, 2011.

  ASHA's_Certificate_of_Designation (89.8 KiB, 1,010 hits)

  ASHA's_Designation_of_Record (108.8 KiB, 1,196 hits)

  Motion_for_Leave_to_File_Deposition_Transcripts (97.6 KiB, 1,073 hits)

Court of Appeals denies ASHA motion for stay pending appeal

Attached is a copy of the order entered on May 18, 2011 by the Court of Appeals (1) granting ASHA’s motion to file an extra brief, (2) denying ASHA’s motion for oral arguments and (3) denying ASHA’s motion for stay pending appeal.  The decision was made by a panel of three judges.

  05-18-11_Order_of_Court_of_Appeals (61.2 KiB, 4,107 hits)

Members’ responses to ASHA’s requests to file an extra brief and present oral argument

  Members'_Response_in_Opposition_to_ASHA's_Motion_for_Leave_to_File_Reply (330.0 KiB, 1,072 hits)

  Members_Response_in_Opposition_to_ASHAs_Motion_for_Oral_Argument.pdf (211.3 KiB, 1,076 hits)

ASHA’s Motion to File Another Brief and to Present Oral Arguments

  ASHA's Extra Brief in Support of Its Motion for Stay (2.2 MiB, 1,153 hits)

  ASHA's Motion for Permission to File An Extra Brief and Have Oral Arguments (296.2 KiB, 1,039 hits)

Attached is a copy of the Members’ Response to ASHA’s Motion for Stay Pending Appeal.  It was filed today with the Court of Appeals.

  Appellees' Response to Appellant's Motion for Stay Pending Appeal (563.3 KiB, 1,084 hits)

The Court of Appeals issued an order granting ASHA a temporary stay until a three-judge panel has the opportunity to rule on ASHA’s request for a stay pending the entire appeal.  This was what we expected to happen because it is routine for the Court of Appeals to grant a temporary stay until it is able to rule on the motion.

We anticipate that the three-judge panel will make a decision during their monthly meeting on April 14, 2011.  The written decision is usually issued within 2 weeks following the monthly meeting.

  Order Granting Stay (58.3 KiB, 994 hits)

ASHA has asked the Court of Appeals for emergency protection from enforcement of the Fayette Circuit Court’s ruling that the ASHA must disclose certain financial and other corporate records.

  ASHA EMERGENCY MOTION FOR STAY (148.3 KiB, 1,185 hits)

  ASHA MOTION FOR STAY PENDING APPEAL (432.4 KiB, 1,187 hits)

Attached is a copy of the Order scheduling the prehearing conference call with the Court of Appeals.

  PreHearing Conference Order (9.4 KiB, 995 hits)

After the Court ruled that the law requires the ASHA to allow its members to inspect the corporate records, the ASHA asked the Court to delay enforcement of that order until an appeal is finished.  On February 18, 2011, the Court heard arguments by both sides and then denied ASHA’s request.   ASHA was responsible for preparing a written order setting forth the Court’s ruling.  However, ASHA submitted an Order to the Court that was not consistent with the Court’s ruling.  In response, the Concerned Members submitted an Order to the Court that was consistent with the Court’s ruling.  The Court rejected ASHA’s proposed Order and entered the accurate Order submitted by the Concerned Members.

  Order Denying ASHA's Motion for Stay (214.8 KiB, 1,073 hits)

The Court denied the ASHA’s request for a stay of the judgment pending the
entire appeal.  The Court granted a temporary stay of the judgment (45 days) to
allow the ASHA to  decide if it wants to ask the court of appeals for a longer
stay.

Attached is a copy of the Member’s Response to ASHA’s Motion for a Stay.  The hearing is scheduled to take place Feb. 18th, 2011 at 8:30AM in Fayette Circuit Court.

  Members' Response to ASHA Motion for Stay (88.7 KiB, 1,035 hits)