| Docket as of August 16, 2002 5:17 pm | Web PACER (v2.4) |
LIGHTHOUSE SANCTUARY YOUTH John P. Costello, phv
FOUNDATION, INC., a nonprofit Law Offices of John P. Costello
corporation 331 J Street
plaintiff Sacramento, CA 95814
[term 03/30/01] 916-441-2234
JOE BAFFA John P. Costello, phv
aka [term 06/29/00]
Rocky Scarfone (See above)
plaintiff [COR LD NTC]
Joe Baffa
[COR LD NTC] [PRO SE]
1426 Web Gin House Road
Lawrenceville, GA 30045
770-736-6890
v.
TOM PAPANIER, an individual Stephen Andrew Yaklin
aka [COR LD NTC]
Tom Papania Brock Clay Calhoun Wilson &
dba Rogers
God's Saving Grace Ministries 49 Atlanta Street
defendant Marietta, GA 30060-8611
770-422-1776
FOCUS ON THE FAMILY, an entity Daniel Arthur Kent
believed to be a nonprofit [term 11/30/00]
corporation Below Address Terminated on 3/11/02
defendant 770-980-3431 Direct
[term 11/30/00] [COR LD NTC]
Joseph Windsor Ozmer, II
[term 11/30/00]
Below Address Terminated on 2/28/02
[COR LD NTC]
Hartman Simons Spielman & Wood
6400 Powers Ferry Road, N.W.
Fourth Floor
Atlanta, GA 30339
770-955-3555
Roger R. Myers, phv
[term 04/20/00]
[COR LD NTC]
Lisa M. Sitkin, phv
[term 04/20/00]
[COR LD NTC]
Steinhart & Falconer
333 Market Street
Suite 3200
San Francisco, CA 94105-2150
415-777-3999
THE CHRISTIAN BROADCASTING Joseph M. Beck
NETWORK, an entity believed to [term 05/19/00]
be a non-profit corporation [COR LD NTC]
defendant Richard Charles Henn, Jr.
[term 05/19/00] [term 05/19/00]
[COR LD NTC]
Kilpatrick Stockton
1100 Peachtree Street
Suite 2800
Atlanta, GA 30309-4530
404-815-6500
Christine M. Morgan, phv
[term 05/04/00]
[COR LD NTC]
Morgan W. Tovey, phv
[term 05/04/00]
[COR LD NTC]
Crosby Heafey Roach & May
Two Embarcadero Center
P.O. Box 7936
Suite 2000
San Francisco, CA 94111
415-543-8700
3/24/00 1 COMPLAINT filed and summons(es) issued; w/jury demand.
(complaint filed on 12/3/99 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 12 NOTICE OF MOTION by dft Focus on the Family to transfer
venue, or in the alternative, to dismiss plas' federal
claims with brief in support. (motion file on 2/14/00 in
USDC ND CA) (er) [Entry date 04/10/00]
3/24/00 13 MOTION by dft Tom Papanier to transfer venue, or in the
alternative, to dismiss plas' federal claims with brief
in support. (motion filed on 2/14/00 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 14 NOTICE AND MOTION by dft Christian Broad to transfer venue
with brief in support. (motion filed on 2/14/00 in USDC
ND CA) (er) [Entry date 04/10/00]
3/24/00 15 DECLARATION by Andrew Freeman on behalf of dft Christian
Broadcast in support of [14-1] motion to transfer venue.
(declaration filed on 2/14/00 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 16 DECLARATION by Christine M. Morgan on behalf of dft
Christian Broadcast in support of [14-1] motion to transfer
venue. (declaration filed on 2/14/00 in USDC ND CA) (er)
[Entry date 04/10/00]
3/24/00 17 NOTICE OF MOTION by dft Christian Broadcast to dismiss
with brief in support. (motion filed on 2/14/00 in USDC ND
CA) (er) [Entry date 04/10/00]
3/24/00 18 APPENDIX of U.S. Patent Quarterly cases by dft Christian
Broadcast in support of [17-1] motion to dismiss. (appendix
filed on 2/14/00 in USDC ND CA) (er) [Entry date 04/10/00]
3/24/00 19 STIPULATION AND ORDER [12-1] [13-1] [14-1] to transfer case
to the Northern District of Georgia. (order file on
03/10/00 in USDC ND CA) (er) [Entry date 04/14/00]
3/24/00 -- Original file, certified copy of transfer order and docket
sheet received from USDC ND CA, Civil Action No. C 99-05155
CRB, Ntc. to counsel & Clerk, USDC ND CA. (er)
[Entry date 04/14/00]
4/6/00 20 MOTION to withdraw by John P. Costello as attorney for
Lighthouse Sanctuary and Joe Baffa with brief in support.
(er) [Entry date 04/11/00] [Edit date 04/14/00]
4/20/00 21 Certification of Consent to Substitution of Counsel for dft
Focus on the Family. Daniel A. Kent replacing attorney
Roger R. Myers and Lisa M. Sitkin for dft Focus on the
Family. (er) [Entry date 04/21/00]
4/20/00 -- Added attorney for Focus on the Family: Daniel Arthur Kent.
(er) [Entry date 05/08/00]
5/1/00 -- SUBMITTED to Judge Horace T. Ward on [20-1] motion to
withdraw by John P. Costello as attorney for Lighthouse
Sanctuary and Joe Baffa (er) [Entry date 05/01/00]
5/3/00 22 Notice of certificate of consent to withdraw by plas'
counsel, John P. Costello. Pla Joe Baffa a/k/a Rocky
Scarfone will appear pro se on behalf of himself and on
behalf of Lighthoused Santuary Youth Foundation, Inc. (er)
[Entry date 05/10/00]
5/4/00 23 Certification of Consent to Substitution of Counsel for
defendant Christian Broadcast Network. Joseph M. Beck, and
Richard Charles Henn Jr. replacing attorney Christine M.
Morgan and attorney Morgan W. Tovey for Christian Broadcast
Network. (bek) [Entry date 05/05/00]
[Edit date 05/10/00]
5/8/00 24 AMENDMENT TD COMPLAINT by plas; w/JURY DEMAND. (er)
[Entry date 05/10/00]
5/9/00 25 CONSENT ORDER extending thru 5/24/00 w/in which dft Focus
on the Family answer to [1-1] plas' complaint; approved by
dep/clerk. Answer due 5/24/00 for dft Focus on the
Family (cc) (er) [Entry date 05/10/00]
5/10/00 26 MOTION by dft Tom Papanier to dismiss pla's complaint
with brief in support. (er) [Entry date 05/15/00]
(Plaintiff Decision)
5/19/00 27 SUBMITTED by PLAINTIFF Stipulation of dismissal with prejudice
as to dft The Christian Broadcasting Network, Inc.; approved by
dep/clerk. (cc) (er) [Entry date 05/23/00]
5/24/00 28 MOTION by dft Focus on the Family to dismiss with brief
in support. (er) [Entry date 05/25/00]
5/30/00 29 ANSWERS TO MANDATORY DISCLOSURES by plaintiffs (bsm)
[Entry date 05/31/00]
5/30/00 30 Response by plaintiffs to [26-1] motion to dismiss pla's
complaint (bsm) [Entry date 05/31/00]
6/1/00 31 MOTION by dft Tom Papanier to dismiss pla Joe Baffa's
amendment to complaint. (er) [Entry date 06/02/00]
6/2/00 -- SUBMITTED to Judge Horace T. Ward on [26-1] motion to
dismiss pla's complaint by dft Tom Papanier. (er)
[Entry date 06/02/00]
6/2/00 32 RESPONSE by pla to [28-1] dft Focus on the Family's motion
to dismiss with brief in support. (er) [Entry date 06/05/00]
6/16/00 33 Reply Brief by defendant Focus on the Family in support of
[28-1] motion to dismiss (als) [Entry date 06/19/00]
6/22/00 34 ANSWER by plas to Focus on the Familys' reply brief in
support of [28-1] motion to dismiss (er)
[Entry date 06/27/00]
6/27/00 35 RESPONSE by pla Joe Baffa to [31-1] dft Tom Papania's
request to dismiss pla Joe Baffa's amendment to complaint.
(er) [Entry date 06/30/00]
6/27/00 36 MOTION by pla Joe Baffa to extend time to answer to [31-1]
dft Tom Papania's motion to dismiss pla Joe Baffa's
amendment to complaint with brief in support. (er)
[Entry date 06/30/00]
6/29/00 37 ORDER by Judge Horace T. Ward GRANTING [20-1] motion to
withdraw by John P. Costello as attorney for plas;
DEFERRING ruling on [26-1] [28-1] [31-1] pending motions
until further notice. (cc & to pla Scarfone and Lighthouse
by cert.mail, rrr) (er) [Entry date 07/03/00]
6/29/00 -- Terminated submissions. (er) [Entry date 07/03/00]
7/6/00 -- SUBMITTED to Judge Horace T. Ward on [36-1] motion to
extend time to answer to [31-1] dft Tom Papania's motion to
dismiss pla Joe Baffa's amendment to complaint (er)
[Entry date 07/06/00]
7/7/00 -- Certified mail receipt green card returned re: [37-1] order
as to Rocky Scarfone. (er) [Entry date 07/11/00]
7/10/00 -- Certified mail receipt green card returned re: [37-1] order
as to Lighthouse Sanctuary (er) [Entry date 07/12/00]
7/13/00 38 RESPONSE by pla Joe Baffa to [31-1] dft Tom Papania's
motion to dismiss pla Joe Baffa's amendment to complaint.
(er) [Entry date 07/17/00]
7/13/00 39 Notification to appear and represent himself pro se by pla
Joe Baffa. (er) [Entry date 07/17/00]
7/13/00 40 MOTION by pla Lighthouse Sanctuary to dismiss Lighthouse
Sanctuary Youth Foundation as a pla. (er)
[Entry date 07/17/00]
8/2/00 -- SUBMITTED to Judge Horace T. Ward on [40-1] pla's motion to
dismiss Lighthouse Sanctuary Youth Foundation as a pla.
(file in chambers) (er) [Entry date 08/02/00]
[Edit date 08/02/00]
10/2/00 -- SUBMITTED to Judge Horace T. Ward on [26-1] motion to
dismiss pla's complaint, [28-1] motion to dismiss, [31-1]
motion to dismiss pla Joe Baffa's amendment to complaint.
(FILE IN CHAMBERS) (dfb) [Entry date 10/02/00]
(Plaintiff Decision)
11/30/00 41 SUBMITTED by Plaintiff: Notice of dismissal with prejudice of
dft Focus on the Family by plas. (er) [Entry date 12/05/00]
3/30/01 42 ORDER by Judge Horace T. Ward, DEFERRING ruling on dft
Papanier's motion to dismiss the complaint; DISMISSING as
being MOOT [28-1] motion to dismiss by Focus on the Family;
DISMISSING AS MOOT [31-1] dft Papanier's motion to dismiss
pla Joe Baffa's amendment to complaint; DISMISSING AS MOOT
[36-1] pla Baffa's motion to extend time to answer to [31-1]
dft Tom Papanier's motion to dismiss pla Joe Baffa's
amendment to complaint; GRANTING [40-1] pla Lighthouse
Santuary Youth Foundation, Inc.'s motion to dismiss them as
a pla. (cc) (er) [Entry date 04/02/01]
[Edit date 08/06/01]
8/16/01 43 MOTION by plaintiff Joe Baffa to extend time to file
[24-1] amended complaint, and/or for the court to accept
pla's amended complaint filed with this motion with brief
in support. (lme) [Entry date 08/21/01]
8/30/01 -- SUBMITTED to Judge Horace T. Ward on [26-1] motion to
dismiss pla's complaint by dft Tom Papanier. (file in
chambers) (er) [Entry date 08/30/01]
9/18/01 -- SUBMITTED to Judge Horace T. Ward on the [43-1] motion to
extend time to file [24-1] amended complaint and [43-2]
motion for court to accept pla's amended complaint filed
with this motion. (file in chambers) (aaq)
[Entry date 09/18/01]
9/28/01 44 ORDER by Judge Horace T. Ward GRANTING the [43-1] motion to
extend time to file [24-1] amended complaint and the [43-2]
motion for the court to accept pla's amended complaint filed
with this motion. The Clerk is directed to file the amended
complaint. Further, defendant Papania's [26-1] motion to
dismiss pla's complaint is DENIED. Answer to amended
complaint due 10/8/01 for defendants. (cc by CRD) (aaq)
[Entry date 09/28/01] [Edit date 09/28/01]
9/28/01 45 AMENDED COMPLAINT by plaintiff; jury demand. (aaq)
[Entry date 09/28/01]
9/28/01 -- Terminated submissions. (aaq) [Entry date 09/28/01]
10/18/01 46 MOTION by defendant Tom Papanier to dismiss plaintiff Joe
Baffa Amended Complaint with brief in support. (aaq)
[Entry date 10/19/01]
11/7/01 -- SUBMITTED to Judge Horace T. Ward on the [46-1] motion to
dismiss plaintiff Joe Baffa's Amended Complaint. (aaq)
[Entry date 11/07/01]
11/30/01 -- Motion HEARING set for 12/13/01 at 11:15 [46-1] motion to
dismiss plaintiff Joe Baffa Amended Complaint, c/served by
ctdep (faxed and mailed) (bh) [Entry date 12/03/01]
12/13/01 47 Oral argument held before Judge Horace T. Ward on [46-1]
motion to dismiss plaintiff Joe Baffa Amended Complaint.
Court took motion under advisement. (fms)
[Entry date 12/14/01]
12/17/01 -- Steno notes of proceedings held 12/13/01 before Judge
Horace T. Ward , by Court Reporter Lois D. Phillips. (syh)
[Entry date 12/17/01]
(Plaintiff Wins)
7/24/02 48 ORDER by Judge Horace T. Ward GRANTING IN PART AND DENYING
IN PART [46-1] motion to dismiss; the motion is DENIED as
to the copyright infringement claim (Count I); the motion
is GRANTED as to the Lanhman Act claim (Count II); and the
motion is DENIED as to the fraudulent misrepresentation
claim (Count III); dft is directed to answer the amdcmp
within 20 days from the receipt of this order. (cc) (kt)
[Entry date 07/24/02]
8/15/02 49 ANSWER to amended complaint [45-1] by Tom Papanier. (kt)
[Entry date 08/16/02]
_______________________________________________________________________________
From pages on an old website about Focus On The Family and CBN published
by Rock Scarfone (Author of Father Figure/House of Cards):
The Christian Broadcasting Network, Inc.
April 4, 2000
John P Costello
RE: Lighthouse Sanctaury Youth Foundation, Inc, et al V. Tom Papanier, et al.
Dear Mr Costello:
We received a letter last month [april 4, 2000, the author had written more then one] from your client Mr. Scarfone a copy of which is enclosed herewith. Mr. Scarfone suggests in the letter that he is amenable to some form of church-based dispute resolution process, in lieu of continuing the civil action in Atlanta. Please advise at your earliest opportunity whether you still represent Mr. Scarfone in the above matter and if so, whether we are free to contact him concerning his proposal. We look forweard to hearing from you and thank you for your consideration.
very truly yours,
Joseph F. Fitzpatrick
Associate General Councel
So, Mr. Joseph F. Fitzpatrick, the associate General Council for Pat Robertson and CBN contacted the Author's attorney and asked if they could take up the request by the Author for a Church Based Resolution. The Author was only happy to receive this letter, for he TRULY did not desire to harm those great men of respect, honor and tradition. Little did he know it was just another of the many traps and pitfalls of dealing with Christian Men In Power.
And, not long after, Mr. Dobson's camp did the same.
Soon a resolution was accomplished, neither side would admit to anything nor would they be held liable, all information as concerned them, Dobson et al. Pat Robertson et al, would be removed from pages in the control of the Author, and financial compensation for the cost of the eleven months of battle would be offered the author. A pittance when compared to even one of Tom's weekly speaking engagement revenue, but then again, the Author states TODAY that he wants Justice, and does NOT care about the financials, though this has cost him dearly.
The Author of Father Figure/House Of Cards BELIEVED that they, these men, would cease support and use their GREAT powers to work "under the table", as it is said, behind the scenes to assure that those who did not know would know about Tom.
As far as having the case dismissed for being frivolous or that
it was a nuisance suit, just read our page and you decide if the facts are not
the facts. For the ONLY claim that Tom has made in over 3 years is that the
Author has no right to copyright his life story, and that the Author stole his
name for this page...
[The page referred to is www.tompapania.com, a site where the Author first published his findings against Tom -- a domain name now owned by Tom.]
These and other important points were pointed out to everyone. Yet, after the filing of the case, things just got worse.
Well, with Pat and Dobson out of the picture, the Author took over the case and went after Tom, that was what was both reasonable and ethic, even to the Christian Bible! Always offering Tom the ability to withdraw by simply removing the content used from the Author's book and manuscript, the Author battled the case.