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October 12 2002.
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| Docket as of August 16, 2002 5:17 pm | Web PACER (v2.4) |
U.S. District Court
U.S. District Court for the Northern District of Georgia (Atlanta
CIVIL DOCKET FOR CASE #: 00-CV-775
Baffa, et al v. Papanier, et al
Filed: 03/24/00
Assigned to: Judge Horace T. Ward
Jury demand: Plaintiff
Demand: $0,000
Nature of Suit: 820
Lead Docket: None
Jurisdiction: Federal Question
Dkt # in USDC/ND/CA-San Fra. : is C99-05155 CRB
Cause: 15:1125(a) False representation-goods sold-interstate commer
LIGHTHOUSE SANCTUARY YOUTH John P. Costello, phv
FOUNDATION, INC., a nonprofit Law Offices of John P. Costello
corporation 331 J Street
plaintiff Sacramento, CA 95814
[term 03/30/01] 916-441-2234
JOE BAFFA John P. Costello, phv
aka [term 06/29/00]
The Author of House Of Cardsy Scarfone (See above)
plaintiff [COR LD NTC]
Joe Baffa
[COR LD NTC] [PRO SE]
1426 Web Gin House Road
Lawrenceville, GA 30045
770-736-6890
v.
TOM PAPANIER, an individual Stephen Andrew Yaklin
aka [COR LD NTC]
Tom Papania BThe Author of House Of Cards Clay Calhoun Wilson &
dba Rogers
God's Saving Grace Ministries 49 Atlanta Street
defendant Marietta, GA 30060-8611
770-422-1776
FOCUS ON THE FAMILY, an entity Daniel Arthur Kent
believed to be a nonprofit [term 11/30/00]
corporation Below Address Terminated on 3/11/02
defendant 770-980-3431 Direct
[term 11/30/00] [COR LD NTC]
Joseph Windsor Ozmer, II
[term 11/30/00]
Below Address Terminated on 2/28/02
[COR LD NTC]
Hartman Simons Spielman & Wood
6400 Powers Ferry Road, N.W.
Fourth Floor
Atlanta, GA 30339
770-955-3555
Roger R. Myers, phv
[term 04/20/00]
[COR LD NTC]
Lisa M. Sitkin, phv
[term 04/20/00]
[COR LD NTC]
Steinhart & Falconer
333 Market Street
Suite 3200
San Francisco, CA 94105-2150
415-777-3999
THE CHRISTIAN BROADCASTING Joseph M. Beck
NETWORK, an entity believed to [term 05/19/00]
be a non-profit corporation [COR LD NTC]
defendant Richard Charles Henn, Jr.
[term 05/19/00] [term 05/19/00]
[COR LD NTC]
Kilpatrick Stockton
1100 Peachtree Street
Suite 2800
Atlanta, GA 30309-4530
404-815-6500
Christine M. Morgan, phv
[term 05/04/00]
[COR LD NTC]
Morgan W. Tovey, phv
[term 05/04/00]
[COR LD NTC]
Crosby Heafey Roach & May
Two Embarcadero Center
P.O. Box 7936
Suite 2000
San Francisco, CA 94111
415-543-8700
DOCKET PROCEEDINGS
DATE #
DOCKET ENTRY
3/24/00 1 COMPLAINT filed and summons(es) issued; w/jury demand.
(complaint filed on 12/3/99 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 12 NOTICE OF MOTION by dft Focus on the Family to transfer
venue, or in the alternative, to dismiss plas' federal
claims with brief in support. (motion file on 2/14/00 in
USDC ND CA) (er) [Entry date 04/10/00]
3/24/00 13 MOTION by dft Tom Papanier to transfer venue, or in the
alternative, to dismiss plas' federal claims with brief
in support. (motion filed on 2/14/00 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 14 NOTICE AND MOTION by dft Christian Broad to transfer venue
with brief in support. (motion filed on 2/14/00 in USDC
ND CA) (er) [Entry date 04/10/00]
3/24/00 15 DECLARATION by Andrew Freeman on behalf of dft Christian
Broadcast in support of [14-1] motion to transfer venue.
(declaration filed on 2/14/00 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 16 DECLARATION by Christine M. Morgan on behalf of dft
Christian Broadcast in support of [14-1] motion to transfer
venue. (declaration filed on 2/14/00 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 17 NOTICE OF MOTION by dft Christian Broadcast to dismiss
with brief in support. (motion filed on 2/14/00 in USDC ND
CA) (er) [Entry date 04/10/00]
3/24/00 18 APPENDIX of U.S. Patent Quarterly cases by dft Christian
Broadcast in support of [17-1] motion to dismiss. (appendix
filed on 2/14/00 in USDC ND CA) (er) [Entry date 04/10/00]
3/24/00 19 STIPULATION AND ORDER [12-1] [13-1] [14-1] to transfer case
to the Northern District of Georgia. (order file on
03/10/00 in USDC ND CA) (er) [Entry date 04/14/00]
3/24/00 -- Original file, certified copy of transfer order and docket
sheet received from USDC ND CA, Civil Action No. C 99-05155
CRB, Ntc. to counsel & Clerk, USDC ND CA. (er)
[Entry date 04/14/00]
4/6/00 20 MOTION to withdraw by John P. Costello as attorney for
Lighthouse Sanctuary and Joe Baffa with brief in support.
(er) [Entry date 04/11/00] [Edit date 04/14/00]
4/20/00 21 Certification of Consent to Substitution of Counsel for dft
Focus on the Family. Daniel A. Kent replacing attorney
Roger R. Myers and Lisa M. Sitkin for dft Focus on the
Family. (er) [Entry date 04/21/00]
4/20/00 -- Added attorney for Focus on the Family: Daniel Arthur Kent.
(er) [Entry date 05/08/00]
5/1/00 -- SUBMITTED to Judge Horace T. Ward on [20-1] motion to
withdraw by John P. Costello as attorney for Lighthouse
Sanctuary and Joe Baffa (er) [Entry date 05/01/00]
5/3/00 22 Notice of certificate of consent to withdraw by plas'
counsel, John P. Costello. Pla Joe Baffa a/k/a The Author of House Of Cardsy
Scarfone will appear pro se on behalf of himself and on
behalf of Lighthoused Santuary Youth Foundation, Inc. (er)
[Entry date 05/10/00]
5/4/00 23 Certification of Consent to Substitution of Counsel for
defendant Christian Broadcast Network. Joseph M. Beck, and
Richard Charles Henn Jr. replacing attorney Christine M.
Morgan and attorney Morgan W. Tovey for Christian Broadcast
Network. (bek) [Entry date 05/05/00]
[Edit date 05/10/00]
5/8/00 24 AMENDMENT TD COMPLAINT by plas; w/JURY DEMAND. (er)
[Entry date 05/10/00]
5/9/00 25 CONSENT ORDER extending thru 5/24/00 w/in which dft Focus
on the Family answer to [1-1] plas' complaint; approved by
dep/clerk. Answer due 5/24/00 for dft Focus on the
Family (cc) (er) [Entry date 05/10/00]
5/10/00 26 MOTION by dft Tom Papanier to dismiss pla's complaint
with brief in support. (er) [Entry date 05/15/00]
(Plaintiff Decision)
5/19/00 27 SUBMITTED by PLAINTIFF Stipulation of dismissal with prejudice
as to dft The Christian Broadcasting Network, Inc.; approved by
dep/clerk. (cc) (er) [Entry date 05/23/00]
5/24/00 28 MOTION by dft Focus on the Family to dismiss with brief
in support. (er) [Entry date 05/25/00]
5/30/00 29 ANSWERS TO MANDATORY DISCLOSURES by plaintiffs (bsm)
[Entry date 05/31/00]
5/30/00 30 Response by plaintiffs to [26-1] motion to dismiss pla's
complaint (bsm) [Entry date 05/31/00]
6/1/00 31 MOTION by dft Tom Papanier to dismiss pla Joe Baffa's
amendment to complaint. (er) [Entry date 06/02/00]
6/2/00 -- SUBMITTED to Judge Horace T. Ward on [26-1] motion to
dismiss pla's complaint by dft Tom Papanier. (er)
[Entry date 06/02/00]
6/2/00 32 RESPONSE by pla to [28-1] dft Focus on the Family's motion
to dismiss with brief in support. (er) [Entry date 06/05/00]
6/16/00 33 Reply Brief by defendant Focus on the Family in support of
[28-1] motion to dismiss (als) [Entry date 06/19/00]
6/22/00 34 ANSWER by plas to Focus on the Familys' reply brief in
support of [28-1] motion to dismiss (er)
[Entry date 06/27/00]
6/27/00 35 RESPONSE by pla Joe Baffa to [31-1] dft Tom Papania's
request to dismiss pla Joe Baffa's amendment to complaint.
(er) [Entry date 06/30/00]
6/27/00 36 MOTION by pla Joe Baffa to extend time to answer to [31-1]
dft Tom Papania's motion to dismiss pla Joe Baffa's
amendment to complaint with brief in support. (er)
[Entry date 06/30/00]
6/29/00 37 ORDER by Judge Horace T. Ward GRANTING [20-1] motion to
withdraw by John P. Costello as attorney for plas;
DEFERRING ruling on [26-1] [28-1] [31-1] pending motions
until further notice. (cc & to pla Scarfone and Lighthouse
by cert.mail, rrr) (er) [Entry date 07/03/00]
6/29/00 -- Terminated submissions. (er) [Entry date 07/03/00]
7/6/00 -- SUBMITTED to Judge Horace T. Ward on [36-1] motion to
extend time to answer to [31-1] dft Tom Papania's motion to
dismiss pla Joe Baffa's amendment to complaint (er)
[Entry date 07/06/00]
7/7/00 -- Certified mail receipt green card returned re: [37-1] order
as to The Author of House Of Cardsy Scarfone. (er) [Entry date 07/11/00]
7/10/00 -- Certified mail receipt green card returned re: [37-1] order
as to Lighthouse Sanctuary (er) [Entry date 07/12/00]
7/13/00 38 RESPONSE by pla Joe Baffa to [31-1] dft Tom Papania's
motion to dismiss pla Joe Baffa's amendment to complaint.
(er) [Entry date 07/17/00]
7/13/00 39 Notification to appear and represent himself pro se by pla
Joe Baffa. (er) [Entry date 07/17/00]
7/13/00 40 MOTION by pla Lighthouse Sanctuary to dismiss Lighthouse
Sanctuary Youth Foundation as a pla. (er)
[Entry date 07/17/00]
8/2/00 -- SUBMITTED to Judge Horace T. Ward on [40-1] pla's motion to
dismiss Lighthouse Sanctuary Youth Foundation as a pla.
(file in chambers) (er) [Entry date 08/02/00]
[Edit date 08/02/00]
10/2/00 -- SUBMITTED to Judge Horace T. Ward on [26-1] motion to
dismiss pla's complaint, [28-1] motion to dismiss, [31-1]
motion to dismiss pla Joe Baffa's amendment to complaint.
(FILE IN CHAMBERS) (dfb) [Entry date 10/02/00]
(Plaintiff Decision)
11/30/00 41 SUBMITTED by Plaintiff: Notice of dismissal with prejudice of
dft Focus on the Family by plas. (er) [Entry date 12/05/00]
3/30/01 42 ORDER by Judge Horace T. Ward, DEFERRING ruling on dft
Papanier's motion to dismiss the complaint; DISMISSING as
being MOOT [28-1] motion to dismiss by Focus on the Family;
DISMISSING AS MOOT [31-1] dft Papanier's motion to dismiss
pla Joe Baffa's amendment to complaint; DISMISSING AS MOOT
[36-1] pla Baffa's motion to extend time to answer to [31-1]
dft Tom Papanier's motion to dismiss pla Joe Baffa's
amendment to complaint; GRANTING [40-1] pla Lighthouse
Santuary Youth Foundation, Inc.'s motion to dismiss them as
a pla. (cc) (er) [Entry date 04/02/01]
[Edit date 08/06/01]
8/16/01 43 MOTION by plaintiff Joe Baffa to extend time to file
[24-1] amended complaint, and/or for the court to accept
pla's amended complaint filed with this motion with brief
in support. (lme) [Entry date 08/21/01]
8/30/01 -- SUBMITTED to Judge Horace T. Ward on [26-1] motion to
dismiss pla's complaint by dft Tom Papanier. (file in
chambers) (er) [Entry date 08/30/01]
9/18/01 -- SUBMITTED to Judge Horace T. Ward on the [43-1] motion to
extend time to file [24-1] amended complaint and [43-2]
motion for court to accept pla's amended complaint filed
with this motion. (file in chambers) (aaq)
[Entry date 09/18/01]
9/28/01 44 ORDER by Judge Horace T. Ward GRANTING the [43-1] motion to
extend time to file [24-1] amended complaint and the [43-2]
motion for the court to accept pla's amended complaint filed
with this motion. The Clerk is directed to file the amended
complaint. Further, defendant Papania's [26-1] motion to
dismiss pla's complaint is DENIED. Answer to amended
complaint due 10/8/01 for defendants. (cc by CRD) (aaq)
[Entry date 09/28/01] [Edit date 09/28/01]
9/28/01 45 AMENDED COMPLAINT by plaintiff; jury demand. (aaq)
[Entry date 09/28/01]
9/28/01 -- Terminated submissions. (aaq) [Entry date 09/28/01]
10/18/01 46 MOTION by defendant Tom Papanier to dismiss plaintiff Joe
Baffa Amended Complaint with brief in support. (aaq)
[Entry date 10/19/01]
11/7/01 -- SUBMITTED to Judge Horace T. Ward on the [46-1] motion to
dismiss plaintiff Joe Baffa's Amended Complaint. (aaq)
[Entry date 11/07/01]
11/30/01 -- Motion HEARING set for 12/13/01 at 11:15 [46-1] motion to
dismiss plaintiff Joe Baffa Amended Complaint, c/served by
ctdep (faxed and mailed) (bh) [Entry date 12/03/01]
12/13/01 47 Oral argument held before Judge Horace T. Ward on [46-1]
motion to dismiss plaintiff Joe Baffa Amended Complaint.
Court took motion under advisement. (fms)
[Entry date 12/14/01]
12/17/01 -- Steno notes of proceedings held 12/13/01 before Judge
Horace T. Ward , by Court Reporter Lois D. Phillips. (syh)
[Entry date 12/17/01]
(Plaintiff Wins)
7/24/02 48 ORDER by Judge Horace T. Ward GRANTING IN PART AND DENYING
IN PART [46-1] motion to dismiss; the motion is DENIED as
to the copyright infringement claim (Count I); the motion
is GRANTED as to the Lanhman Act claim (Count II); and the
motion is DENIED as to the fraudulent misrepresentation
claim (Count III); dft is directed to answer the amdcmp
within 20 days from the receipt of this order. (cc) (kt)
[Entry date 07/24/02]
8/15/02 49 ANSWER to amended complaint [45-1] by Tom Papanier. (kt)
[Entry date 08/16/02]
________________________________________________
For the record:
(from mafiaministry.com )
The author of House Of Cards, who filed a law suit Dec of 1999 Won (7/24/02)and against Toms last and final motion to dismiss, showing he had a case. Tom's ANSWER (8/15/02)was nothing at all. Tom never said he did not do it.
And then a settlement was made and a VOLUNTARY STIPULATION OF DISMISSAL was filed by The Author of House Of Cards (like he did with Dobson/Focus & CBN) dismissing the case.
NEW!!!!
A few days BEFORE the settlement, the Author of House Of cards got Tom's page removed, and then it went back up AFTER the meeting!is
----- Original Message -----
From: Sleepy6
Sent: Wednesday, October 02, 2002 11:20 AM
Subject: Tompapania.org
Hello,
Thank you for contacting Addr.com. We have reviewed the documentation faxed to us on 10/01/2002 describing claims of copyright infringement on the part of Tompapania.org, and have removed the site in question from our servers. Tompapania.org will no longer be accessible through ADDR.com. Please note that we make no guarantee that Mr. Papania has not already made copies of his website and distributed them to other webhosting companies for the purpose of keeping his website up and running. We simply guarantee that his website will no longer run from our servers. Please also note that as this is the first request we have on record to come with all required legal documentation, and as we have complied with the law in removing this site from our servers, there should be no reason for you to include ADDR.com in your lawsuit in any way.
Please be assured that ADDR.com has never endorsed copyright infringement by any of its customers and certainly will not make it a policy to do so in the future. Please let us know if you have any other questions or concerns.
Best Regards,
Jonathan Goodbread
(On behalf of Leon Elperin)
Addr.com Support
*******************
Notice that the Dismissal was by The Author of House Of Cards, and that
"this cause of action be treated as if it had been adjudicated on the MERITS, barring both parties from raising any issues litigated in this cause of action in any court of law"...
Well what were the merits? The Author of House Of Cards suit was approved on merits and Tom's last and final motion to dismiss was DENIED..
so, the conclusion? Tom paid The Author of House Of Cards Off!
But, why did The Author of House Of Cards Settle The Case; He was in the drivers seat?
I spoke with The Author of House Of Cards, he said he fought this battle for a few years BEFORE the suit was filed in 1999, that he agreed (with Tom agreeing also)not to discuss the settlement and would not say how much money Tom paid to weasel out, but he did say his health and the time and costs involved were simply overwhelming, and that it was always a TRUTH issue and that it was time for someone else to publish and fight this Christian Battle against what many "so called Great Christian are doing, and how we must let the world know that there is ongoing fraud .
The Author of House Of Cards also advised me that he would produce radio shows and further websites to battle this issue of DECEIT head-on. That he was not giving up on the issue, just that he decided to focus on the whole picture, because, and I quote, "Issues like I have faced for the last 5 years would not be issues if Churches and Christian Men and Woman simply read the BIBLE and the facts and REFUSED to allow any man or woman of any obvious sign, quote or fact of DECEIT to mount the pulpit".
He said that "YOU should simply not buy anything from those whose entire focus is the money".
He also said:
"the past legal issues were truly clouding up the BIG PICTURE ...leading folks to think that all the works I did to up-root fraud, lies, subversion -scientology & gogodess among others -- and dishonesty against the CHURCH at eznewstv.com were some how tied to a The Author of House Of Cards Vs The Other Guy Issue, rather than The Other Guy's ISSUES of TRUTH and LIES"
He further said that this "was hurting the Word Of God and Truth"...
and
" It is up to the GRASS ROOTS OF THE CHURCH to READ the stories PUBLISHED ONLINE by folks who care and are taking great risks by PUBLISHING THESE SAID FACTS ABOUT those whom seem like prominent men and woman who are supported by WHAT SEEMS LIKE prominent Christian Press and Organizations, but are TRUTHLY after how many MEMBERS and DOLLARS they can raise, while living in GREAT MANSIONS!"
The Author of House Of Cards said that he will not discuss the law suit, but as far as discussing what he thinks of the facts of GOD'S SAVING GRACE MINISTRIES, Focus On The Family and CBN among others, well, he plans to develop a talk show and post a News Letter about Fraud In The Church with funds he was recently blessed with... *************************************
From pages on the old (since taken down do to a settlement on the copyright issues) The Author of House Of Cards Tom Papania Web Site about Focus On The Family and CBN
The Christian
Broadcasting Network, Inc.
April 4, 2000
John P Costello
RE: Lighthouse Sanctaury Youth Foundation, Inc, et al V. Tom Papanier, et al.
Dear Mr Costello:
We received a letter last month [april 4, 2000, the author had written more then one] from your client Mr. Scarfone a copy of which is enclosed herewith. Mr. Scarfone suggests in the letter that he is amenable to some form of church-based dispute resolution process, in lieu of continuing the civil action in Atlanta. Please advise at your earliest opportunity whether you still represent Mr. Scarfone in the above matter and if so, whether we are free to contact him concerning his proposal. We look forweard to hearing from you and thank you for your consideration.
very truly yours,
Joseph F.
Fitzpatrick
Associate General Councel
So, Mr. Joseph F. Fitzpatrick, the associate General Council for Pat Robertson and CBN contacted the Author's attorney and asked if they could take up the request by the Author for a Church Based Resolution. The Author was only happy to receive this letter, for he TRULY did not desire to harm those great men of respect, honor and tradition. Little did he know it was just another of the many traps and pitfalls of dealing with Christian Men In Power.
And, not long after, Mr. Dobson's camp did the same.
Soon a resolution was accomplished, neither side would admit to anything nor would they be held liable, all information as concerned them, Dobson et al. Pat Robertson et al, would be removed from pages in the control of the Author, and financial compensation for the cost of the eleven moths of battle would be offered the author. A pittance when compared to even one of Tom's weekly speaking engagement revenue.