April 5, 2024 Hearing

Who’s Who:
For MJ: Jeff Possinger and Reid Meyers
For 18 Paradise: Ben Vandenberghe
For Plaintiffs Class: David Andersson and Matthew Davis

The following motions will be addressed at April 5, 2024 Hearing: 

1. Reply re Motion to Certify Class
2. Declaration of Possinger ISO of Reply
3. Response re Motion for Reconsideration
4. Supplement Declaration of Possinger re Attorney’s Fees and Costs
5. Supplement Declaration of Meyers re Attorney’s Fees and Costs

#1: This Motion from Mr. Possinger defends the counterclaim against plaintiffs. If allowed, the counterclaim would reverse plaintiffs class into becoming a defendants class. Below are three excerpts from this Motion to Certify Class (from plaintiffs to defendants) that helps explain:

a. “…Plaintiffs blithely ignore the fact that litigation is not a voluntary process. When Plaintiffs’ Class Representatives took their roles and responsibilities as Plaintiffs Class Representatives, they knew or should have known, that in the event of a counterclaim their roles could be reversed.”

b. “The notion that a plaintiff and their legal counsel can file a lawsuit, and then only be required to defend those counterclaims that it voluntarily chooses to defend, ignores the reality of litigation.” 

c. Plaintiff lawyers, Andersson and Davis, are quoted as saying they, “will now, shortly before the trial date, withdraw as counsel for the counterclaims”… (if MJ’s motion allowed). TO BE CLEAR: If plaintiffs’ role is reversed and they are now defendants, a risk they accepted when choosing a class action lawsuit in 2020, the lawyers they hired, Mr. Andersson and Mr. Davis, are on record saying they will abandon their class just before trial.

Plaintiff representatives, wake up! These lawyers have already divided our neighborhoods, now they’re destroying our community. You agreed to represent us, make a decision for our community and your community by ending this convoluted nonsense of a lawsuit – please! 

#3: Jeff Possinger’s reasons and request for the court to deny the plaintiffs’ Motion for Reconsideration regarding Polley (accountant for MJ) documents. 

 #4: Jeff Possinger’s legal fees for research, drafts, preparing for hearings, litigating, etc to obtain Temporary Restraining Order and Preliminary Injunction against plaintiffs after they ignored Cease and Desist Order and continued to post confidential documents. Total: $26,865.50. 

#5: Reid Meyers’ legal fees to litigate, obtain Temporary Restraining Order and Preliminary Injunction against plaintiffs. Total: $6,000.
If Judge Freeman allows these legal fees to be charged, they are to be paid by plaintiffs.