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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
05-18-2017, 07:14 PM
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#1711
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Quote:
Originally Posted by FresnoTortoise
I will try and explain this again to you.
In the start of the conversation, ty make it clear to OP at that time he is not planning to give OP a t+, and he is trying to find some t- from another person. But soon it became clear that he was not able to acquire t- from another person. So ty told michelle that he is going to send her one of his albinos that he bred (t+), but did not say t+ just said albino tegu. The raffle clear states a albino blue tegu from Ty. That is all he had to tell her. He attempted to make shipping arrangements. The other raffle winner(s) got t+ tegus. But the OP didn't because she would not let him send her one, instead she sues. When you sue, the gloves comes off and here we are.
Everything I wrote is not contradicted by Ty, just your view on this thing.
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Nothing you are going to try to fudge here is going to cancel the fact that Ty Park admitted that he purposely did not tell Michelle Cutler exactly what he was proposing to send her. That fact would exactly explain why she was reluctant to provide shipping information to her, because she did not trust him at that point without proof to ship her what she had actually fairly won in the raffle.
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05-18-2017, 07:21 PM
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#1712
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Quote:
Originally Posted by FresnoTortoise
This isn't about greed. Most of the profits from his lizard farm is given to charity organizations. What kind of person does something malicious like this? A person who got sued by another person, the gloves are off.
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Sorry, but no. It was all about greed. Why else did Ty Park at first claim that he was not going to send the more expensive purples to the raffle winners? Why did he suggest that he was going to buy the less expensive versions from someone else instead to send as prizes? Because he could get more MONEY by keeping the more expensive tegus for himself. How is that not greed talking?
And as for his donations, any one more than a fool realizes that Ty Park is doing this for financial reasons. He is using these publicity stunts for tax writeoffs. Perhaps even making more money that way then outright selling the animals if you consider advertising as well as the writeoffs.
So please don't play us for fools saying this is all goodness of the heart stuff by Ty Park.
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05-18-2017, 11:39 PM
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#1713
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I took a glance at the pleadings, and for those unfamiliar with civil litigation, it would appear unlikely that the resolution of the Motion to Dismiss would impact the case on the merits, in any way...If granted,there would be leave for Plaintiff to amend (in 99% of all cases),and if denied, the case then would move along (probably including a counterclaim), toward eventual resolution on the merits.
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05-24-2017, 01:02 PM
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#1714
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05-24-2017, 02:57 PM
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#1715
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Update
I just got notice that ty has hired an attorney!!
The 25th has been cancelled.
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05-24-2017, 03:29 PM
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#1716
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I'm sure you don't think that its good but once the lawyer looks at the evidence, I would hedge the bet that he will tell his client to settle. This shows that he is crapping his pants and doesn't believe he has a case...
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05-24-2017, 04:06 PM
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#1717
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...so the attorney he said he had before... right.
Ty is now out of his depth. His lawyer will look over everything. If Ty wants to continue, it will continue, because that's how lawyers make money.
But I agree with Tim; the lawyer will advise Ty to settle and he will, because he can now "blame" that action on the lawyer, instead of having to "eat crow" himself.
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05-24-2017, 04:19 PM
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#1718
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SugarHedgie - My advice is as follows
Tegu from Ty Park
1500.00 lost breeding time
2500.00 Inconvenience
Any monies related to travel
Attorneys Fees
Apology for the antics on Facebook which has damaged your reputation in the Herping Community.
That is the minimum I would accept.
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05-24-2017, 04:46 PM
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#1719
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If they settle, I doubt the lawyer is going to include a live animal in the deal, probably an equal monetary amount ($3,000 per Ty's own words).
I sat on a jury in a civil case just last month and was told that unless it is a custody/marriage case that only monies can be given in settlement deals.
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05-24-2017, 05:10 PM
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#1720
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Quote:
Originally Posted by DavidBeard
If they settle, I doubt the lawyer is going to include a live animal in the deal, probably an equal monetary amount ($3,000 per Ty's own words).
I sat on a jury in a civil case just last month and was told that unless it is a custody/marriage case that only monies can be given in settlement deals.
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That may be specific to KY. Also an out of court settlement could include a critter.
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