[Merlin]

I probably have a very naive understanding of this, but...

It seems everything pivots on the insurance issue. And the safety differences between the two types of aircraft would seem to be highly relevent to the insurers. At which point this particular marriage of convenience starts to look a lot less convenient to hang gliding members.

[wingspan33]

Does anyone here know the exact legal relationship between Tim Herr (i.e., his law firm) and Air California Adventure Inc. and the USHPA - in consideration of the Law suit that Bob K is involved with as a witness?

Questions I have include:

- Is Tim Herr working, independently from the U$hPA, to defend Air California Adventure Inc. from the law suit in which Bob K is a witness? (seems likely since Rich Hass has stated that Herr was not at Bob's restraining order hearing(s) on the U$hPA's behalf)

- Is Tim Herr working to cover some liability that the U$hPA has incurred because one of the Air California Adventure Inc tandem instructors (who should be U$hPA certified) was involved in the incident leading to the case where Bob is a witness?

- In consideration of the above, is Tim Herr actually defending Air California Adventure Inc AS WELL AS the U$hPA in the case in which Bob K is acting as a witness?

- Did the plaintiff, in the case in which Bob K is involved as a witness, simply include the U$hPA in their law suit as an additional party - who MAY share some blame?

- Is there some third scenario that is more "hidden" going on here?

Since most court records are available for public view (these days, even online) then many, if not all, the above questions may be answered. Having the Court's location and description as well as Case # is essential to proceed along these lines.

Another question - which Bob can probably answer - I would expect that the two PG pilots involved in the law suit incident were, at least, 30 day "U$hPA Introductory members". That being the case, Denis Pagen, in his own testimony, would be undermining the plaintiff's case. That plaintiff, as a (long or short term) U$hPA member is, as a result, being legally attacked by the U$hPA and Dennis Pagen (as at least one of the defense witnesses). Therefore, Pagen can be seen as being just as guilty as Bob. And how is it that Herr and the U$hPA can AGAIN be defending Air California Adventure Inc (ACA)- if ACA caused some injury to a U$hPA member (even if said member was only a 30 day Introductory member)?

There is certainly something CRAZY going on here. Conflict of interest may be involved. And I believe that a lawyer can be disbarred if evidence exists that they have committed that type of legal misconduct.

[Rick Masters]

I looked through the U$hPA's unnecessarily voluminous complaint against BobK and I could find no violations of California law. Not being a trained monkey, I would not even bother to respond. Instead, I would file a complaint against U$hPA for acting in a complicit manner to subvert the court's denial of a restraining order against BobK and multiple violations of his civil rights against whatshisnamethewhosit.

[Rick Masters]

Sec. 52-400b. Penalty for failure to comply with certain court orders. (a) On the continued and wilful failure of a person to comply with a discovery order pursuant to section 52-351b, or to comply with a turnover order pursuant to section 52-356b, or to comply with a protection order pursuant to section 52-400a, the court may, after hearing, commit the person for contempt and may further find such person personally liable for such damages as may have been sustained as a result of the contempt.
http://www.cga.ct.gov/2011/pub/chap906. ... 2-400b.htm

Where's that list of names again?

CODE OF CIVIL PROCEDURE SECTION 717.010
717.010. A judgment not otherwise enforceable pursuant to this
title may be enforced by personally serving a certified copy of the
judgment on the person required to obey it and invoking the power of
the court to punish for contempt.

[Bob Kuczewski]

Now remember that Tim Herr is currently defending Robin Marien and Air California Adventure

If this is true it seems a conflict of interest to me.
Rich Hass and Mark Forbes have essentially denied this in previous statements.

Here's what I know first hand. Tim Herr sat across from me for about 8 hours in a deposition on the case asking me question after question after question. Robin Marien was there. Gabe Jebb was there. And Chris Saldana (Robin's lawyer who prosecuted me in the restraining order case) was there. But for 8 hours, Tim Herr did all the questioning. It was a pretty gruelling experience.

Does anyone here know the exact legal relationship between Tim Herr (i.e., his law firm) and Air California Adventure Inc. and the USHPA - in consideration of the Law suit that Bob K is involved with as a witness?

As I mentioned above, what I know for sure is that Tim Herr did all the questioning during my deposition.

- Is Tim Herr working, independently from the U$hPA, to defend Air California Adventure Inc. from the law suit in which Bob K is a witness? (seems likely since Rich Hass has stated that Herr was not at Bob's restraining order hearing(s) on the U$hPA's behalf)

- Is Tim Herr working to cover some liability that the U$hPA has incurred because one of the Air California Adventure Inc tandem instructors (who should be U$hPA certified) was involved in the incident leading to the case where Bob is a witness?

He may be working for the insurance company that insures Robin's operation. Now that may be the same insurance company that insures USHPA.

- In consideration of the above, is Tim Herr actually defending Air California Adventure Inc AS WELL AS the U$hPA in the case in which Bob K is acting as a witness?

The plaintiff didn't sue USHPA in this case, so I don't know how USHPA would be involved except indirectly if they share the same insurance carrier.

- Did the plaintiff, in the case in which Bob K is involved as a witness, simply include the U$hPA in their law suit as an additional party - who MAY share some blame?

I don't think so. I think the law suit was against Air California Adventure and the other pilot. I believe the plaintiff dropped the case against the other pilot who was a hang glider pilot but was flying a paraglider at the time. The other pilot held no paraglider ratings at that time and was presumably also under Air California Adventure instructor supervision (since he had no paraglider rating).

- Is there some third scenario that is more "hidden" going on here?

I'm pretty sure there's a lot more "hidden" going on regarding many aspects of the Torrey Pines Gliderport. There are too many things that don't add up.

Since most court records are available for public view (these days, even online) then many, if not all, the above questions may be answered. Having the Court's location and description as well as Case # is essential to proceed along these lines.

The letter from USHPA included this section which references 2 court cases:

The evidentiary materials which may be considered by the USHPA Board of Directors in support of the proposed expulsion of Robert M. Kuczewski from the membership of USHPA are the following:

• All materials posted at http:// ushawks.org, which content is available to you as you are in control of that web site;
• All correspondence sent by Robert M. Kuczewski to USHPA and any USHPA board member, copies of which are in the possession of Robert M. Kuczewski;
• All correspondence sent by Robert M. Kuczewski to the San Diego City Council, copies of which are in the possession of Robert M. Kuczewski;
• All videos of Robert M. Kuczewski's Non-Agenda Comments to San Diego City Council, each of which videos are available on the San Diego City's web site;
• The deposition transcript of the deposition of Robert M. Kuczewski given on September 10, 2014;
• The San Diego Superior Court's entire file in Case Number 37-2013-00052120-CU-PO-CTL, copies of which are available at the court's web site;
• The San Diego Superior Court's entire file in Case Number 37-2014-00038828-CU-PT-CTL, copies of which are available at the court's web site;
• The transcript of the trial proceedings in San Diego Superior Court, Case Number 37-2014-00038828-CU-PT-CTL, copies of which are available for purchase by Robert M. Kuczewski from the court reporter(s) that reported the proceedings;
• Posts made by Robert M. Kuczewski to various public paragliding and hang gliding forums, the content of which is known to Robert M. Kuczewski as they were posted by him;
• http://www.torreyhawksforum.org
• Any other evidentiary materials identified by USHPA and disclosed to Robert M. Kuczewski at least 15 days before the hearing date.

Another question - which Bob can probably answer - I would expect that the two PG pilots involved in the law suit incident were, at least, 30 day "U$hPA Introductory members". That being the case, Denis Pagen, in his own testimony, would be undermining the plaintiff's case. That plaintiff, as a (long or short term) U$hPA member is, as a result, being legally attacked by the U$hPA and Dennis Pagen (as at least one of the defense witnesses). Therefore, Pagen can be seen as being just as guilty as Bob. And how is it that Herr and the U$hPA can AGAIN be defending Air California Adventure Inc (ACA)- if ACA caused some injury to a U$hPA member (even if said member was only a 30 day Introductory member)?

I don't think the injured person was a 30 day member. I think she held a USHPA P1 rating at the time of the incident which would have made her a regular USHPA member at that time.

There is certainly something CRAZY going on here. Conflict of interest may be involved. And I believe that a lawyer can be disbarred if evidence exists that they have committed that type of legal misconduct.

There's a lot of CRAZY going on here. Too many things about the Torrey operation just don't add up. I believe there's more happening than we know about.

[Bob Kuczewski]

Bob, it seems strange that a pilot who received 23% percent of the vote for Region 3 could be expelled from the corporation.

I think that's actually part of the reason they're expelling me. Every year that I run for office I am able to speak on the issues at USHPA that need to be fixed. All Regional Director candidates are given space in the magazine to make statements, and I'm sure the USHPA Board hasn't liked mine. If I didn't get any votes, they probably wouldn't care, but with 23% (even after being dragged through the mud) they realize that they need to silence me more permanently. This solution works for the USHPA insiders and it works for Robin Marien (Torrey concessionaire). So what does 23% (mostly hang gliding pilots anyway) matter compared to the USHPA Board and Robin Marien? Hang gliding pilots just don't matter to USHPA any more.

Removing you from USHPA is a convenient way (they think) to implement the same effect as the restraining order denied by the court.

It's even worse because I can no longer run for Regional Director or fly at any other USHPA insured site in the world. This demonstrates how rotten USHPA has become.

[Bill Cummings]

Bob If you ever do succeed in setting up a parallel organization to the U$hPA, it has become obvious that there is need for insurance for legal fees.

[Rick Masters]

Yeah. Maybe...
But you can run as prez of a National Hang Gliding Organization.

The behavior upon which the board has determined that you should be expelled from the association falls into the following categories:
1. Creation of at least two national hang gliding organizations with the stated purpose of competing with USHPA, one of which you currently control

If you so-called directors think competition is so bad, you should get out of the United States of America. Competition is what made us great. It makes us try harder and raises our standards. Excellence triumphs.
But especially you hang glider pilots who would deny another hang glider pilot his right to speak or fly.
That's shameful. You turn my stomach. You have no honor. The U$hPA is finished.

[Bob Kuczewski]

The behavior upon which the board has determined that you should be expelled from the association falls into the following categories:
1. Creation of at least two national hang gliding organizations with the stated purpose of competing with USHPA, one of which you currently control

If you so-called directors think competition is so bad, you should get out of the United States of America. Competition is what made us great. It makes us try harder and raises our standards. Excellence triumphs.
But especially you hang glider pilots who would deny another hang glider pilot his right to speak or fly.
That's shameful. You turn my stomach. You have no honor. The U$hPA is finished.

I was really really surprised that they even put that in the list. The fact that they listed it FIRST gives us all an insight into the USHPA Board of Directors. It tells us that they really believe their monopoly is such a "God Given Right" that to consider creating an alternate organization is a crime worthy of expulsion.

Rick, your comments about competition are right on target. Competition is what made us great, and that's why we have anti-trust laws. If USHPA uses its monopoly to ground me, I'll have a lot more time to look into them.

[Bill Cummings]

The behavior upon which the board has determined that you should be expelled from the association falls into the following categories:
1. Creation of at least two national hang gliding organizations with the stated purpose of competing with USHPA, one of which you currently control

If you so-called directors think competition is so bad, you should get out of the United States of America. Competition is what made us great. It makes us try harder and raises our standards. Excellence triumphs.
But especially you hang glider pilots who would deny another hang glider pilot his right to speak or fly.
That's shameful. You turn my stomach. You have no honor. The U$hPA is finished.

I was really really surprised that they even put that in the list. The fact that they listed it FIRST gives us all an insight into the USHPA Board of Directors. It tells us that they really believe their monopoly is such a "God Given Right" that to consider creating an alternate organization is a crime worthy of expulsion.

Rick, your comments about competition are right on target. Competition is what made us great, and that's why we have anti-trust laws. If USHPA uses its monopoly to ground me, I'll have a lot more time to look into them.

Ma Bell comes to mind. Bob are you old enough for this saying?