STATUS OF LAWSUIT
Elizabeth English and Archer Board prolong litigation by opposing dismissal. Yes, you read that right. On October 6, 2014 the Josephsons, as they said they would, filed papers to dismiss the action against Elizabeth English and the Archer Board of Trustees rather than enter an arbitration process that they say would make it impossible for them to achieve the law reform and public accountability objectives that motivated the lawsuit in the first place. They made the motion to dismiss almost immediately after receiving word that the court of appeals rejected their request that the appellate court consider and rule on the Josephsons’ extensive legal argument to reverse the trial judge’s decision that they would not be permitted to pursue their claims in court because of Archers’ arbitration clause. (The court of appeals simply would not review the decision as they denied the request within 48 hours of the submission of briefs).
Elizabeth English and Archer Board Prolong Litigation
The court granted the Josephsons’ dismissal motion but in an extraordinary display of bad faith and vindictiveness, Elizabeth English and the Archer Board prolonged the litigation by filing extensive and expensive briefs opposing the dismissal seeking arbitration on the dismissal order itself. The attorneys exploited a technicality and the judge reversed his decision to dismiss the case. Although defendants have no affirmative claims against the Josephsons to pursue, they have prolonged the case (the trial judge acceded to defendants’ claim and reversed the dismissal, relegating the issue of dismissal to an arbitrator).
Elizabeth English and the Archer Board, therefore continue to drag out the proceedings and pump up the costs for Archer and the Josephsons in pursuit of their strategy to punish the Josephsons and intimidate any other parent from ever challenging an action of Ms. English or the Board (apparently they have a blank check as far as the defendants’ legal expenses go).
Archer has brought no affirmative claims against the Josephsons so it is inevitable that the action will be dismissed so this is simply another punitive delaying tactic to intimidate anyone who dares to challenge Elizabeth English.
In addition to refusing to enter into any good faith discussions to settle the Josephsons’ grievances and peremptory rejection of every settlement offer made by the Josephsons to end the reputation-damaging conflict, Archer attorneys have forced the court to re-open the case even after it was formally dismissed.