Pickle and Joy's Appeal-- And Finally ...

[Cynthia]

I was reviewing advent talk and still not one post, or any mention of this...


Pickle and Joy's 2nd appeal case regarding the dismissal of the lawsuit filed against them for libel and defamation per se was docketed on December 3rd 2009, and 6 days later they asked that both appeal cases be put on hold.

The Pacer entry says this:

12/09/2009 Open Document
49 pg, 589.43 KB MOTION to hold case in abeyance filed by Appellants Gailon Arthur Joy and Robert Pickle in 09-2615, 08-2457. Certificate of service dated 12/09/2009. [09-2615, 08-2457] (RP)

Problem one is that the first case had already been put on hold, and was in abeyance after all the briefs were filed...
Quoting Pacer court docket entries:

05/29/2009 Open Document
2 pg, 13.63 KB Case submitted. Panel: Michael Boudin, Appellate Judge; Bruce M. Selya, Appellate Judge; Kermit V. Lipez, Appellate Judge. [08-2457] (LM)

08/19/2009 Open Document
2 pg, 11.28 KB ORDER entered by Michael Boudin, Appellate Judge: Defendants seek to challenge the district court's voluntary dismissal order. Subsequent to the filing of this appeal, the district court denied defendants' motion for costs as a further condition to the grant of dismissal. Defendants filed a timely motion for reconsideration of the denial of costs, which is currently pending in the district court. We hereby vacate our submission notice dated May 29, 2009, and hold this appeal in abeyance pending the disposition of the motion for reconsideration by the district court. In the event that defendants are dissatisfied with the district court's ruling on their motion for reconsideration, they should file a new timely notice of appeal. Defendants shall file a status report every sixty days and promptly inform this court once the motion for reconsideration has been decided by the district court. Failure to file a status report may lead to dismissal of this appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [08-2457] (MM)

Anyway, their motion for reconsideration was denied also and since that time Pickle and Joy filed another Appeal, and many more motions in the already dismissed lawsuit case in Massachusetts -- ALL of their motions have been DENIED.. (The lawsuit was filed on 04/06/2007 and dismissed 2 yrs ago on 11/03/2008 -- as 3ABN had already received all the resolution and relief they could ever hope for during that time.)



And now, finally, as of October 27, 2010 the motion filed by Pickle/Joy asking the court to hold their Appeal case(s) in abeyance, (to put them on hold) was DENIED == just as all their motions and arguments have been for over 2 yrs now...

The newest Pacer entries in regard to their appeal motion say this:

10/27/2010 Open Document
1 pg, 10.22 KB ORDER entered by Kermit V. Lipez, Appellate Judge: Defendants-appellants' motion to stay or hold in abeyance defendants' appeals is denied. The clerk shall set a briefing schedule in Appeal No. 09-2615. [08-2457, 09-2615] (MM)

10/27/2010 Open Document
9 pg, 54.11 KB BRIEFING schedule set. Brief due 12/06/2010 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [09-2615] (MM)

So, Pickle and Joy have till December 6th to file their Appeal brief.
3ABN has until January 6, 2011 to respond.
Then Pickle and Joy have until January 20, 2011 to reply to that. ( I am not quite sure how weekends figure into all this so, I may be off a day or more.. but all briefs will be due before the end of January)

Then the panel of Judges rule, after either allowing oral arguments, or after saying they aren't necessary as they did before...

[princessdi]

I have never understood this. I even asked, and Bob tried to explain. They talked and talked about Danny and 3ABN sueing in the "Household of faith" and using donor money to do so(even though they were told it wasn't donor money....then they had to worry about where the money was coming from......sigh). Then DS and 3ABN dismiss the lawsuit, and they have been filing motions to continue the lawsuit ever since. What is wrong with this picture. Can anyone, in very simple English, please explain to me their point in all this?

Doesn't there come a point when the/a judge can deny their motions and order them not to file anymore? This is kind of sad at this point. Not to mention that it seems to be consuming massive amounts of their time. Do they work? Have families? Go to church? Fellowship with friends and family........have a life outside of trying to take down Danny? I'm jes' askin'......

[Stan]

the last document I saw, they were asking the court to have Bob pay for the additional legal expenses. Did that happen?

And is it all over with now?

[Pat Williams]

I have never understood this. I even asked, and Bob tried to explain. They talked and talked about Danny and 3ABN sueing in the "Household of faith" and using donor money to do so(even though they were told it wasn't donor money....then they had to worry about where the money was coming from......sigh). Then DS and 3ABN dismiss the lawsuit, and they have been filing motions to continue the lawsuit ever since. What is wrong with this picture. Can anyone, in very simple English, please explain to me their point in all this?

The short answer is that they wanted to be sued. All those months they cried about being sued were just crocodile tears princessdi, and they were just playing victim. Why? Because they had no grounds to file their own suit, and couldn't get a one of their sources to come out in the open and file one where they would be asked to prove their accusations. Pickle and Joy wanted to snoop and phish into all that was 3ABN and publish all they could by twisting it as they do to keep attacking DS and 3ABN. That's what they still want.

Look at what Pickle posted on Blacksda right after 3ABN filed the lawsuit against them.

howdy 24 May 2007 - 09:06 PM

Someone please explain to me.
If these gentlemen have been telling the truth what are they worrying about.
I will wait and see.

howdy

Pickle Posted 24 May 2007 - 09:42 PM

Howdy,

I hope I've made it quite clear that I'm not worried at all. And Gailon certainly isn't. He's been hoping Danny would sue him for months and months. Not sure if that goes back to September, but it goes back aways.

So Joy was wanting to be sued for AT LEAST 7 months before 3abn even filed the lawsuit according to Pickle, who was working with him.

Next part is they could really care less about the donor's money, after all they expected to be paid by 3ABN with that same Donor money that they pretended to be so concerned about. Here's just one example, again from BSDA:

sonshineonme posted 26 August 2007 - 08:37 PM

QUOTE(appletree @ Aug 26 2007, 01:36 AM) <{POST_SNAPBACK}>
Funny you should bring that up. I would imagine then that internet solicitation is public solicitation. So where is the check and balance system of Pickle and Joy's legal fund. Have they made themselves into a corporation that can accept solicited funds? Where are the records of the donations that show how much came in, how much went out and to whom? Is it public record everytime they withdraw from their paypal account? And do those records coincide with deposits made into their accounts? Is Joy getting paid to represent himself? If so, is it the same amount that Laird is getting paid? After all, the people that donate to their fund have a right to know exactly where their money is going. Accountability seems to be a favorite word around here. So, who are Pickle and Joy accountable to?

Here ya go mr/mrs "appletree"...and anyone else that may like to know. yes.gif


1) The Contributions to the Joy Pickle Defense Fund deposit directly into the the IOLTA account of Attorney Laird Heal;

2) The Joy Pickle defense fund does not cover any expenses for Joy;

3) The Mass Board of Bar Overseers review all IOLTA accounts annually, therefore there is accountability to the Mass Board of Bar Overseers, probably more reliable than Danny's obviously deficient auditors;

4) When Danny wants to disclose his Legal Bills for the SIX (6) ATTORNEYS that 3ABN has been paying for and the money paid for the his divorce attorneys during the past two years, we will be happy to arrange a copy of the legal bill for Pickle...maybe 3ABN would like to pay that also, now rather than later, and I will bet it is comparably very affordable;

5) When Danny is prepared to account for every dime of royalties earned but undisclosed on the 990's or to his board of directors, we will be happy to provide Danny with an accounting of every dime in the defense fund, or he can make an early contribution and I will credit it to the award in 2009;

6) Joy is not paid to represent himself, unlike Danny's Royalty problems, but Joy does intend to get paid quite handsomely by 3ABN and Danny Lee Shelton, his board, et al, for the grotesque misuse of process that this action represents... and Joy intends to collect sometime in 2009.

Gailon Arthur Joy
AUReporter

This post has been edited by sonshineonme: 26 August 2007 - 08:39 PM

Doesn't there come a point when the/a judge can deny their motions and order them not to file anymore? This is kind of sad at this point. Not to mention that it seems to be consuming massive amounts of their time. Do they work? Have families? Go to church? Fellowship with friends and family........have a life outside of trying to take down Danny? I'm jes' askin'......

And those are good questions. My thought is they have been given enough rope to hang themselves, and are, and they are headed for a crash. You know what they say, Pride goeth before a fall. They seem to have more than their share of pride. I'm jes sayin also...

[Pat Williams]

the last document I saw, they were asking the court to have Bob pay for the additional legal expenses. Did that happen?

If I understand what you are referring to which is a request that Pickle and Joy be ordered to pay for the wasted time and money of their ongoing frivilous motions after the lawsuit was dismissed, requiring 3ABN to keep spending money replying? Then no, they weren't ordered to pay, but the Judge did not deny that request either. It has been left open. My feeling is that this was in case they continued such and it was needed as a deterent in the future. The lawyers for 3ABN and DS as well as the Judges and courts have bent over backwards being patient and allowing them leeway due to their ignorance and inexperience in the field of law because Pickle Joy were pro se. Far from being grateful, Pickle and Joy have pushed their forbearance to the limits.

And is it all over with now?

No, if you read the opening post you will see the Appeals filed by Pickle and Joy are still ongoing.

[Cynthia]

sonshineonme posted 26 August 2007 - 08:37 PM

QUOTE(appletree @ Aug 26 2007, 01:36 AM) <{POST_SNAPBACK}>
Funny you should bring that up. I would imagine then that internet solicitation is public solicitation. So where is the check and balance system of Pickle and Joy's legal fund. Have they made themselves into a corporation that can accept solicited funds? Where are the records of the donations that show how much came in, how much went out and to whom? Is it public record everytime they withdraw from their paypal account? And do those records coincide with deposits made into their accounts? Is Joy getting paid to represent himself? If so, is it the same amount that Laird is getting paid? After all, the people that donate to their fund have a right to know exactly where their money is going. Accountability seems to be a favorite word around here. So, who are Pickle and Joy accountable to?

Here ya go mr/mrs "appletree"...and anyone else that may like to know. yes.gif


1) The Contributions to the Joy Pickle Defense Fund deposit directly into the the IOLTA account of Attorney Laird Heal;
...

3) The Mass Board of Bar Overseers review all IOLTA accounts annually, therefore there is accountability to the Mass Board of Bar Overseers..

I am wondering if the money was ever reported. I would also like to point out that the above does not appear to be the case
anymore.

Laird Heal has not been their attorney since shortly after the lawsuit was filed in April of 2007 and Pickle and Joy have continued to solicit donations for a defense fund even since the lawsuit against them was dismissed 2 years ago and they were no longer "defendants".

The Banner on the Adventtalk forum which is parked on Pickle's server, leads to Pickle's private website and he is accepting and in charge of the money they solicit now according to a post by Joy.

Is their any accountability? Is it being reported anywhere such as on tax forms even? Questions long asked of those who claim to be so concerned about where a donors money goes, and whether or not people are being fleeced, whether money is being laundered, hidden, etc etc etc.. The questions have never really been answered..

I don't know if this applies as I don't know if Pickle and Joy have ever even registered as a org, non profit or charity for their fundraising, but the Minnesota Attorney General's website does say among other things:

The United States Supreme Court has instructed states that they may not pass laws that limit the amount of money a charity may spend on overhead or administrative expenses. As a result, there is no law that tells charities that they must spend a certain percentage of the funds they raise on program services. This means it is up to you to find out how much the charity spends on overhead and fund-raising versus program services. There are several ways you can do this.

ASK QUESTIONS
You can ask the charity or the professional fund-raiser how much of the donation will actually be used to support the charity’s program as opposed to fund-raising and administrative expenses. Honest, legitimate charities and fund-raisers should give you this information when requested. If you don’t ask, you may not find out that the majority of your donation may be kept by the professional fund-raiser.


http://www.ag.state.mn.us/charities/cha ... giving.asp

[Cynthia]

As mentioned in the opening post here this second appeal was filed by Pickle and Joy a year ago on December 3rd.
Six days later they asked that it be put on hold. That motion was denied and a briefing schedule set on October 27, 2010. Their first brief was due today. Instead of filing it they filed a motion for more time. It was granted.

Here is the Pacer docket entries about that:

12/06/2010 Open Document
5 pg, 9.07 KB MOTION to extend time to file brief filed by Appellants Gailon Arthur Joy and Robert Pickle. [09-2615]

12/06/2010 ORDER granting motion to extend time to file brief filed by Appellants Gailon Arthur Joy and Robert Pickle. Brief due 12/13/2011 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. [09-2615] (AH)

Anyone wanting to know what cause this latest delay can read their motion here:

doc 00116143211 12 06 10.pdf

DEFENDANTS’ MOTION TO EXTEND THE TIME

(10.76 KiB) Downloaded 2484 times

[Cynthia]

Pickle and Joy's Appellant Brief was added to the Pacer Docket this morning.

It has been uploaded to our PACER forum and you may read it in the following topic there:

U.S. Court of Appeals Case(s) - Condensed Version

[Cynthia]

Pickle and Joy handed in their appeal brief on Dec 13, 2010 and 3ABN's reply brief is due on January 17, 2011, after which Pickle and joy should have had 2 weeks for their reply brief and then their appeal against the dismissal of the lawsuit against them would have gone to the panel of judges to rule on, and decide. Simple enough, right?

But, once again what should have been simple and straightforward , is again complicated, drawn out, full of babble and confusion and "vexatious" arguments and filings... I spoke too soon when I said "and finally..." in the title of this topic. I should have known better as Pickle and Joy managed to draw out a lawsuit and keep filing and filing and arguing and quibbling and beating dead horses for 2 years after it was dismissed, right?

So not surprising really, they are doing the same thing in the appeal case. Here are the PACER docket entries for all the stuff filed since Pickle and joy filed their Appeal Brief just a few weeks ago:

12/16/2010 PLEADING tendered: Supplemental Brief (9 paper copies) provisionally filed under seal filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 12/13/2010. [09-2615] (BLC)

12/16/2010 PLEADING tendered: Supplemental Appendix (1 volume, 5 copies) provisionally filed under seal filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 12/13/2010. [09-2615] (BLC)

12/16/2010 Open Document
11 pg, 1.45 MB MOTION To File Under Seal filed by Appellant Robert Pickle. Certificate of service dated 12/13/2010. [09-2615] (MM)

12/16/2010 (*****FILED PROVISIONALLY UNDER SEAL ********) AFFIDAVIT in support of motion to file under seal [5512457-2] filed by Appellant Robert Pickle. Certificate of service dated 12/13/2010. [09-2615]--[Edited

12/17/2010 by MM]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (MM)

12/16/2010 Open Document
14 pg, 989.74 KB AFFIDAVIT of Robert Pickle filed by Appellant Robert Pickle. Certificate of service dated 12/13/2010. [09-2615] (MM)

12/16/2010 APPENDIX filed by Appellants Gailon Arthur Joy and Robert Pickle. Number of volumes: 2. Number of copies: 5. Volume 1 labeled Joint Appendix and Volume 2 labeled Exhibit for Appendix. Certificate of service dated 12/13/2010. [09-2615] (BLC)

12/20/2010 NINE (9) paper copies of appellant/petitioner brief [5511435-2] submitted by Appellants Gailon Arthur Joy and Robert Pickle. [09-2615] (BLC)

12/27/2010 Open Document
9 pg, 26.66 KB APPELLEES’ RESPONSE TO DEFENDANTS-APPELLANTS’ MOTION TO FILE UNDER SEAL AND MOTION FOR SANCTIONS AGAINST DEFENDANTS-APPELLANTS filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc.. Certificate of service dated 12/27/2010. [09-2615]--[Edited 12/28/2010 by MM] CLERK'S NOTE: Docket entry was edited to modify the docket text. [09-2615] (MGS)

12/31/2010 Open Document
12 pg, 46.67 KB REPLY filed by Appellants Gailon Arthur Joy and Robert Pickle to response and motion to award fees and costs [5514498-2]. Certificate of service dated 12/31/2010. [09-2615] (RP)

12/31/2010 Open Document
22 pg, 87.51 KB MOTION for sanctions and RESPONSE to response and motion to award fees and costs [5514498-2] filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 12/31/2010. [09-2615] (RP)

12/31/2010 Open Document
5 pg, 15.48 KB AFFIDAVIT in support of reply [5515544-2], response and motion for sanctions [5515545-2] filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 12/31/2010. [09-2615] (RP)

It's not done yet.. as 3abn will need to reply to Pickle and Joy's objection to their motion for sanctions, and then reply to Pickle and Joy's new motion for sanctions against them for asking for sanctions against Pickle and Joy, and then Pickle and joy will get to reply to that.. Lost yet? and how in the world do they expect Simpson to be able to draft and file 3ABN's appellent brief with all this vexatious filings and stuff going on?

Bob "majoring in minors" Pickle made a post about this on advent talk causing confusion and Artiste to ask "Could you please give a synopsis in plain English?"

I have to admit, that was funny. Very.

His answer wasn't a good one in my opinion and cleared nothing up as he never even mentioned the main points and problems in either of his posts. ( He was making it mostly about how many words were in his filing, and asking "can anyone see what we did wrong?"...umm, ok... get off your dead horse, put down the lance and back slowly away from the little windmill, Bob. The main problem just whooshed right over your head..)


As far as I am concerned all of this from the duo is again unnecessary and not even relevant to their actual Appeal, although I know they think it is... Anyway,since I feel it off topic as far as the appeal goes, I am going to address this on a new thread, entitled "Vexatious litigation" in case anyone would like to understand what all the filings above and requests for sanctions are really all about. Join me there, if interested. viewtopic.php?f=2&t=370

[Cynthia]

3ABN's Appeal brief - which was due today - has been uploaded to the PACER section.

You can access it here:
U.S. Court of Appeals Case(s) - Condensed Version