[Bob Kuczewski]

From my conversations with relevant parties, I think this judge is pretty fair minded. I would also guess that she is covering all the bases to be SURE that the complaining party is ABSOLUTELY unable to reasonably prove their (sworn to!) assertions.

That's been my impression ... as a relevant party.

[wingspan33]

As I type this I believe that BobK is about to begin another court session regarding Air California Adventure Inc.'s baseless and unfounded request for a restraining order. I truly hope the judge can see her way to ending things today. I'd also love to hear that she has required Air California Adventure Inc. to cough up and pay for Bob's legal fees.

But, like waiting for the wind, we will have to be patient before we will know where things stand.

In the mean time (and in the Harry Truman context*) - Give 'em Hell, Bob!




* Harry Truman replied, "I don't give them Hell. I just tell the truth about them and they think it's Hell."

[Free]

I believe that BobK is about to begin another court session regarding Air California Adventure Inc.'s baseless and unfounded request for a restraining order. I truly hope the judge can see her way to ending things today. I'd also love to hear that she has required Air California Adventure Inc. to cough up and pay for Bob's legal fees.

I know you haven't seen the evidence or the pleadings the judge has seen. You probably haven't seen the video.
What exactly makes you believe what you believe?
Speaking of legal fees, maybe the believers among us should do a little coughing up.
I will when I see the video. What are you insiders doing about this?
How much are the legal fees anyway?

But, like waiting for the wind, we will have to be patient before we will know where things stand.

The art of patience has nothing to do with what you just said.

In the mean time (and in the Harry Truman context*) - Give 'em Hell, Bob!
* Harry Truman replied, "I don't give them Hell. I just tell the truth about them and they think it's Hell."

Some would say that Harry Truman was a corrupt politician and a mass murderer.
Not me!
https://www.youtube.com/watch?v=-LWOxFw2Wwc

https://www.youtube.com/watch?v=-LWOxFw2Wwc

[wingspan33]

I believe that BobK is about to begin another court session regarding Air California Adventure Inc.'s baseless and unfounded request for a restraining order. I truly hope the judge can see her way to ending things today. I'd also love to hear that she has required Air California Adventure Inc. to cough up and pay for Bob's legal fees.

I know you haven't seen the evidence or the pleadings the judge has seen. You probably haven't seen the video.
What exactly makes you believe what you believe?
Speaking of legal fees, maybe the believers among us should do a little coughing up.
I will when I see the video. What are you insiders doing about this?
How much are the legal fees anyway?

Free,

I have seen the many still frame captures that Bob put up. They are pretty clear. I know Bob quite well, personally. I've also talked with involved parties (who've been present in the courtroom) and have been told details about the proceedings that I trust to be true and accurate. I have also read the CA "Restraining Order" laws that are involved. I have looked up the judge and have a basic idea of her potential perspective. I have also, in the past, filed a Federal Complaint, Pro Se (as my own lawyer) and won a nice size settlement from the defendants - in other words I WON my case. And the defendants had a SERIOUS law firm representing them. I have taken some Pre-Law courses in college. I would probably BE a lawyer if I had a bit higher reading speed (ya gotta do a LOT of reading in Law School!).

There are other very significant factors that allow me to understand Bob's situation very clearly. However, it would take me 30 minutes to explain those details and I don't have that kind of time. But the above factors give me a better grasp of what may (or will?) happen with this legal matter.

As to legal fees, Bob has already said that he does not wish for anyone to "contribute" any $ toward off setting his legal fees. If Bob ok'd people making contributions then I'm sure many members of the US Hawks would gladly cough up some $. But as I have mentioned, the judge may determine that the complaining party(s) must pay out Bob's legal fees - based on the unfounded and baseless nature of the info contained in their request for the restraining order. It is also not impossible for the judge to refer the matter to criminal court connected with Marien and company's false filing of government documents.

But, like waiting for the wind, we will have to be patient before we will know where things stand.

The art of patience has nothing to do with what you just said.

It does have very MUCH to do with waiting, . . . for news - from Bob (and/or others) - as to what took place today in court. Being on the east coast, I, effectively, have to "wait" longer than someone living on west coast time.

In the mean time (and in the Harry Truman context*) - Give 'em Hell, Bob!
* Harry Truman replied, "I don't give them Hell. I just tell the truth about them and they think it's Hell."

Some would say that Harry Truman was a corrupt politician and a mass murderer.
Not me!
https://www.youtube.com/. . .

Making the decision, as Truman did, to "drop the bomb" certainly did result in the deaths of scores (upon scores) of human beings. But how many people (both Americans, other Asians and other Allied forces) did the Japanese kill? How many American and Allied forces would have died if invading Japan itself had been required. How many Japanese lives would have been lost in such an invasion?

I haven't got time to watch your linked videos now and generally consider this part of my answer to your post as involving something that has NO RELEVANCE to this thread topic. So, I will end here.

Free - You need to try to avoid out-in-left-field topics in the future. This web forum is about Hang Gliding and how to make it better than it is now.

[Free]

I haven't got time to watch your linked videos now and generally consider this part of my answer to your post as involving something that has NO RELEVANCE to this thread topic. So, I will end here.

There is only one video and it's only music.
It's "I believe, I believe" for true believers and anyone else that likes beautiful music.

Free - You need to try to avoid out-in-left-field topics in the future. This web forum is about Hang Gliding and how to make it better than it is now.

Truth, justice and a little learning will make hang gliding better than it is now.
There is no point in painting the living room when the house is on fire.
Out in left field topics are me trying to tell you the house is on fire.
Don't you think that would be relevant?

[Free]

The art of patience has nothing to do with what you just said.

It does have very MUCH to do with waiting, . . . for news - from Bob (and/or others) - as to what took place today in court. Being on the east coast, I, effectively, have to "wait" longer than someone living on west coast time.

What time was Court? It's 18:30 in California.

[Bob Kuczewski]

Court adjourned at 4:30 yesterday.

USHPA's lawyer (Tim Herr) was in court ... sitting on the prosecution's side. That seems appropriate given that USHPA is no longer an association for the pilots.

The prosecution rested at 3:30pm on the 5th day of presenting their case. The judge gave us until 4:30 (1 hour total) to present our entire defense. We hurried through our witnesses and did not have sufficient time to do justice to any of them. We were so rushed that I didn't even have time to consider testifing in my own defense after our witnesses had been called.

Final arguments are scheduled for 2pm on February 24th, 2015. The judge stated that she will issue a written decision after that.

Commentary: Some of the attendees have speculated that we were given such a short amount of time because the other side hasn't made their case, and so we didn't need to be given time for a full defense. I sincerely hope that's what has happened.

[Bob Kuczewski]

Since we're done presenting our evidence, I'd like to start releasing some of it to the public.

This my own transcript of the 8 minute video. You can correlate this with the photos presented earlier in this topic. I will be publishing the video soon as well. Anything in [brackets] or (parentheses) is my own description of what you would see on the video or what I observed at that time. Some of the words were unintelligible, and have been represented as "...". Some of the words were spoken on top of one another and were separated in a manner that I felt would best preserve their clarity.

==========================================================
[Video starts zoomed in]
[Gabe Jebb is kiting without a helmet immediately surrounded by 3 students - all wearing helmets]
[video zooms out and Bob moves closer to compensate for the reduced resolution while remaining out of the ring of students]
Gabe (looking at Bob): Just so you guys know, the guy over there in the white shirt [... unintelligible]
Gabe: First of all [... unintelligible]
Gabe: Pull in a lot of brake [... unintelligible]
[Gabe Inflates his paraglider several times]
Gabe: When you pull ...
Gabe (looking at Bob): Bob you gotta get out of here. I'm trying to instruct right now. I don't need you sitting there.
Bob: Um ...
Gabe: Get out of here.
Bob: You should put a helmet on.
Gabe: Get out of here.
Bob: If you're hooked into a glider you're setting a bad example for your students.
Gabe: I don't need you ... telling me to set a bad example. Now I want you to get out of here so I can focus on the students.
Bob: It's a city park. I'm standing here. I am far enough away. I'm not bothering you Gabe.
Gabe: You are bothering me. Your very presence here is bothering me. You're in the way of my students. You're in the way of the other pilots. You need to leave right now ...
Bob (panning the camera both directions showing an open field): I'm not in the way of anybody.
Gabe: ... before I have the police remove you.
Bob: Have the police remove me because I'm not in the way of anybody Gabe. You've had the police here before and they've said I have a right ...
Gabe: [inaudible ...] you want them again ...
Bob: ... I have a right to document what's going on here.
Gabe: [inaudible ...] you have every right in the world ...
Bob: Call them. Call them.
Gabe: Go do it by your hang glider.
Bob: Call them. Call them.
Gabe: Go do it by your hang glider Bob.
Bob: I'm watching you instructing without a helmet. This is a bad example for the students. You should put a helmet on Gabe.
Gabe (removing his harness): Bob, just get out of here. You're in my way. You're in the field. You're a distraction. You're distracting me from them...
Bob: I'm watching how many paces you have taken ...
[Gabe grabs for the camera and hits it]
Bob: Don't touch ... don't put your hand on me. Don't put your hand on ... You just put your hand on me.
Gabe: Get rid of the camera. I didn't give you permission to video me. Get rid of the camera.
Bob: This is a public place and you know I have a right to videotape anything I want to video.
Gabe: Absolutely. From over there. (begins aggressive chest butting). From over there. From over there.
Bob: You are far too close.
Bob (backing up): Get away from me! Get away from me!!
Gabe (continuing aggressive chest butting): Get the camera out of my face.
Bob: Get the ...?
Gabe: Over there.
Bob: You walked into this camera, and you say “Get the camera out of your face”? What a joke you are. Come walk into it again and say “Get it out of your face”.
Gabe: Get out of here Bob.
Bob: I was standing here. He walks over here ...
Gabe: Bob, Bob, get out of here.
Bob: ... and says “Get the camera out of my face”?
Gabe (slapping at the camera and Bob's hand): Bob, get out of here.
Bob: Don't touch me.
Gabe: Get out of my ...
Bob: You're touching ... you're touching my camera.
Gabe: I'm touching your camera ... I don't need your camera ...
Bob: Yea, we've got you admitting it. You're touching my camera.
Gabe: That's right. Get out of my face Bob. Get out of my face. [shrieking] Bob get out of my face.
(brief silence)
Gabe: Fine. (turns and hits at the camera again)
Bob: Don't touch me. Don't touch me.
Gabe: Get out of here.
Robin (calling out and approaching): Bob. Bob. Put the camera on me. You're harassing people.
Shelby (blue jacket approaching): You're harassing people.
Gabe: You're out of here.
Bob: I am not harassing anybody.
Gabe: Stop harassing me and get the fu** out of here.
Bob: I have a video of the whole thing.
Gabe: Get out of here.
Bob: No. I have a video of the whole thing.
Shelby: You're being a dick.
Bob: I'm standing here watching him kite without a helmet.
Shelby (pointing): Go.
Bob: That's against USHPA regulations.
Robin (approaching): No it's not.
Shelby: It is not.
Bob: Yes it is. Whenever you're hooked into a hang... uh ... paraglider you should have a helmet on and you guys know it.
Gabe (pacing around): There's no regulations against that Bob.
Bob: You know you should have it on.
Gabe (clapping hands): Come on “expert witness”.
Bob: You're setting a very bad example to your students.
Gabe: Tell me about the regulations Mr. Expert.
Shelby: He's just being a dick.
Gabe (approaching): Tell me about the regulations.
Shelby: Just ignore him. Just ignore him.
Gabe (approaching very close): What do you know about regulations?
Bob: I know you that ...
Shelby: He's so scared ...
Bob: ... you should be wearing a helmet if you're standing there.
Gabe: And I know that ...
Shelby: He'll knock you out.
Gabe: ... you shouldn't be intimidating students or myself.
Bob: I'm not intimidating. You're came over here intimidating me.
Gabe: Get out of here.
Bob: I'm standing here.
Gabe: Go stand over there Bob.
Bob: I have ... I have ...
Gabe (making contact): Go stand over there.
Bob: Don't touch me!
Gabe: We don't need you here.
Bob: Don't touch me!!
Gabe: I'm not touching you.
Bob: I have signed in. I have a right to be here.
Shelby: No. Not if you're not flying.
Bob: Call the police then. Call the police ...
Shelby: No. You call the police.
Gabe: (unintelligible)
Bob: ... because the police have said I have a right to stand here, and I have a right to videotape what's going on.
Robin (approaching): Stop harassing my instructors.
Bob: I'm not harassing anybody. I'm not harassing anybody.
Robin: You're harassing my instructors.
Bob: You're a liar.
Robin: bulls***.
Shelby: Get off the field.
Bob: I'm standing here videotaping ...
Shelby: This is an active landing field.
Bob: I'm standing here videotaping the instruction.
Robin: [unintelligible] ... camera.
Shelby: The camera's gonna be somewhere you don't want to be.
Shelby: Just get out. Get out. You're in an active landing area.
Bob: Call the police. Let's not fight here. You call the police. Call the police.
Robin: He's a douchebag.
Bob: Call the police.
Robin: Douchebag.
Shelby: He really is.
Robin: Big douchebag. Go ahead and put that on the City Council Bob. You're a douchebag.
Robin: And City Council, everybody knows it.
Shelby: He's scared to death. He's shaking and s***.
Robin: I know.
Bob: Well you've got three of you guys picking on one guy.
Shelby: Oh, oh. Just you and me. I'm a little guy. Just you and me.
Robin: [unintelligible]
Shelby: I'm a little guy. Hit me.
Bob: Are you threatening me? Are you saying you want to fight?
Shelby: You're saying ... you're acting like three people are threatening you.
Bob: I'm standing here videotaping this and all three of you came up to harass me.
Shelby: I'm an ex law enforcement, and you're way out of line dude. No one said anything...
Bob: Ex law enforcement? Where?
Robin: I'm carrying your hang glider off the property. You're not allowed here anymore.
Shelby: There you go. You've just been 86'ed.
Robin. All you do is come here and harass people. That's all you do.
Shelby: And you're [unintelligible]
Bob: You touch my hang glider and I'm going to call the police.
Shelby: Call them. You tell us to call them. You go call them.
Bob: I will call them right now Robin.
Robin (begins untying Bob's glider): Get your car out of the parking lot ...
Bob: I will call them right now.
Robin: I'm tired of you harassing our instructor staff while they're teaching.
Shelby: Yea, and you're on the landing field without helmets ... [unintelligible]
Bob: Robin you're not authorized to untie my glider. I'm asking you to take your hands off of my glider.
Robin: I'm banning you from the property.
Bob: Take your hands off of my glider.
Robin: No.
Bob: Banning me for what?
Robin: Harassing ... constantly harassing the clients ...
Bob: That's a lie ...
Robin: ... Gabe, us. See ya.
Shelby (obstructing view of Robin untying glider): What's up dude?
Robin: Talk to your lawyer and he'll tell me if you can be back on the property or not.
Bob: I will. I will. Maybe I'll call him right now.
[Camera off target while Bob pulls phone out of pocket and begins to dial a friend to call police]
Shelby (continuing to obstruct view): This is what they do on Black's Beach when when guys are harassing the people that are nude. We just get in your face.
Robin: You make it where people can't teach here 'cause you're constantly harassing ... everybody.
Shelby: What a dick.
Robin: Emails. Everybody with that camera of yours. I watch it.
Bob: I was filming Gabe from as many paces as it took him to get away from me – or to come up to me. And you'll see how many paces that is in the video. And I was not saying a word ...
Shelby: Blah blah blah. You're still being a jerk. You're still trying to pick fights with people.
Robin: [unintelligible]
Shelby: You got right in his face.
Bob: That's a lie. He came right up to me. I have a picture of him walking ... I have a picture of him making the strides. So you're such a liar.
Shelby: Blah Blah Blah. No. You're the liar.
Bob: It's so funny.
Shelby (high pitched voice): You're the liar. What am I? You're a baby.
Bob (calling out to Robin who is walking away from untied glider): Robin, if you leave this glider untied and it blows away ...
Shelby (waving hands in Bob's face): Oh fu** you. Shut up. Just shut up.
Bob: ... Robin if you leave this glider tied up – untied, and it blows away and causes an accident, you're responsible.
Bob (to Shelby): And I don't know who the hell you are, but you're really ...
Shelby: What? What? What? What am I? Come on. Get mad. Hit me.
Bob: ... really ...
Shelby: You've already threatened me over there.
Bob: I didn't hit you.
Shelby: Yea you did.
Bob (finally getting a response from phone call): Hello. Hey, um, I've got a problem here at the Gliderport. Um, Robin has actually taken my glider and untied it....
Shelby: No no no. No one has touched your stuff. No no no.
Bob (to Shelby): You're the liar. I have a picture of it.
Shelby: You're the liar. You've threatened three instructors.
Bob (to phone): He's untied it and he says he's throwing me out. And he's actually untied my glider and untied it. Would you please call the police and ask them to come here? Please? Right now?
Shelby: They asked you to leave the premises sir.
Bob: ... I wouldn't do 911 ...
Shelby: ... Sir, they asked you to leave the premises ...
Bob: ... but just, but just call the regular number and say that there's a problem at the Gliderport.
Shelby: You're in an unauthorized area.
Bob: Someone's being threatened...
Shelby: Sir you need to get off.
Bob: ... I have a video of it all ...
Shelby: You need to get off the premises.
Bob: That would be super. Thank you very much. Bye.
Shelby: What? What?
Bob: No comment.
Bob: Gabe is still down there kiting without a helmet ...
Shelby: He can do whatever he wants. He's a [unintelligible] instructor.
Bob: ... and my ...
Shelby (walking away): [unintelligible]
Bob: I would like my glider retied.
Shelby (making a “crazy” sign): Coo Coo, Coo Coo. You're really Coo Coo.
Bob: I'm going to retie it.
[Video turned off]

[Free]

The ~art~ of patience: art of deferred action, withholding immediate gratification, waiting when you have the choice

I can't do chest bumps with idiots.
That's the reason I never went to 'Jim Gaar's flightpark'
and have not flown for over a decade.

Good job, Bob.
I couldn't have done it.

[Bob Kuczewski]

Good job, Bob.
I couldn't have done it.

Thanks Warren.

I don't know the situation with you and Jim, but I do know that USHPA has not stood up for pilots in this case.

The fact that USHPA's lawyer - who should be standing up for pilots - was sitting on the other side is further evidence that they are no longer a pilot's association.

It's an interesting observation that pilots joined together many years ago to create an association for themselves. USHGA (now USHPA) was supposed to be our organization - helping us pool our resources to fly. But somewhere along the line, USHPA has become a corporate entity with a lawyer who claims allegiance to that corporation - against the pilots themselves. If I ask Tim Herr who he represents, he will tell me he represents USHPA and not me. So all of our money that we give to USHPA supports them hiring lawyers to turn around and hurt us.

There's something terribly wrong in this situation, and one of the goals of the US Hawks should be to find a way to keep the organization from separating itself from the interests of the pilots.