4.
Alan Meyer attempted to call Dr Kirk Esmond, Ellen Meyer was not given a
chance to testify as to the charges against her. Charge #1 specifically
addresses liability against the Club. Plaintiffs had already proven their
timeline that they did not violate any Board directive as they did not
speak with Linda Marquart after receiving either verbal or written
information that the Board was ‘hesitant’ to reactivate Plaintiff’s
contracted litter listing. Plaintiff’s Exhibit 2, page 35: Debbie:
okay, we already conceded that point… Rita: that’s why I went through
the timeline… Lynda: okay, clarified Debbie… Board’s conceded…
However, even after Board concedes Plaintiff’s timeline, and Ellen says to
Alan “So that charge is now gone… so we don’t have to…”, Sherri Farmer
heard Ellen and says “That’s to be debated” . Plaintiff’s also brought
Ann Horton as a but were not given the opportunity to bring Ann Horton in
as once Board conceded on Plaintiff’s timeline, they were told they had 15
minutes and Ellen had not even had a chance to testify on her own behalf
yet. Ann Horton was a witness for charges 2, 3 & 4.
7.
The hearing itself, Exhibit 2, in its entirety is prima facie evidence of
total lack of due process, violations of Roberts Rules Of Order, Chapter
XX, Discipline, lack of an impartial tribunal, and that this hearing was
run in bad faith and with malice towards Plaintiffs with the predetermined
decision of Plaintiff’s guilt and punishment before Plaintiffs walked into
the hearing.
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