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Painter vs. AMHA – An Update


(From the AMHA)

This is an update on the current litigation from AMHA attorney Robert DiPalma of Paul Frank & Collins P.C.

The current status of the Painter v. AMHA litigation is as follows:

1. The court has denied the plaintiff’s motion for preliminary injunction.

2. The court has ordered that the proxies and ballots from the February, 2005 election be made available for inspection and copying by the plaintiff, in accordance with the rules of discovery generally applicable to parties in every litigated matter.

3. In order to protect against the improper use or distribution of the voting records and to maintain the confidentiality of the ballots as contemplated by the bylaws, the court has ordered that the records are to be subject to a confidentiality order, which will limit review of the record to the plaintiff and his lawyer, prohibit distribution of copies or any information on the records to anyone else, and prohibit use of the information or records for any purpose other than the lawsuit.

4. AMHA has presented partial testimony to the court that establishes that the conduct of the election was proper and in accordance with the bylaws of the organization. AMHA believes that the plaintiff, after reviewing the records, should understand that there is no basis for his claim, and should withdraw his lawsuit. If he refuses to withdraw his case, AMHA intends to move forward with a full presentation to the court establishing that there is no basis for the plaintiff’s claim. AMHA intends to pursue its right to recover its attorneys’ fees and costs from the plaintiff, in accordance with section 2.16 of the bylaws.

5. AMHA has also filed a motion to dismiss the plaintiff’s case, on the ground that the plaintiff failed to file the suit within the time period required by the statute under which he is suing, and on the ground that plaintiff does not have standing to bring the suit. This motion is presently pending before the court.

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