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

  Appellees' Motion to Dismiss (961.3 KiB, 4,359 hits)

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, 3,984 hits)

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, 3,707 hits)

Correspondence regarding Alan Balch’s deposition

  2-23-10SAHtoIshmael.pdf (110.4 KiB, 3,695 hits)

  2-23-10SAHtoStopher.pdf (124.3 KiB, 3,535 hits)

  2-24-10SchedulingOrder.pdf (30.6 KiB, 3,736 hits)

  3-10-10AdamsontoHoustonletter.pdf (32.0 KiB, 3,771 hits)

  3-11-10SAHtoStreepey.pdf (11.8 KiB, 4,141 hits)

  3-12-10AdamsontoHouston.pdf (15.8 KiB, 3,423 hits)

  3-29-10HoustontoGetty.pdf (326.4 KiB, 3,315 hits)

  3-30-10GettytoSAH.pdf (31.1 KiB, 3,805 hits)

  5-4-10AdamsontoSAH.pdf (10.7 KiB, 3,701 hits)

  5-4-10SAHtoStopher.pdf (11.6 KiB, 4,879 hits)

  5-6-10AdamsontoHoustonfax.pdf (39.4 KiB, 3,659 hits)

  BalchDepositionNotice.pdf (153.2 KiB, 4,418 hits)

  BalchSubpoena.pdf (159.2 KiB, 3,784 hits)

  HoustonlettertoCourt.pdf (110.4 KiB, 3,209 hits)

  StopherlettertoCourt.pdf (47.9 KiB, 3,553 hits)

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, 9,655 hits)

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, 3,608 hits)

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

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, 3,712 hits)

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, 3,584 hits)

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, 3,713 hits)

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, 4,352 hits)

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.

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, 3,312 hits)

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, 3,524 hits)

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, 4,014 hits)