They shouldn't really be the focus. Either the person who took out the ads was malfeasant, or else the person with the car has to explain something. To me, that means that whoever placed the ads should be the primary focus. Suing the publications who ran the ads is secondary. Such a settlement is a yawn-fest of a side-show. The main atraction is something else entirely. Who placed the ad? What court actions are being taken against that party? Civil? Criminal? None?
The following story will appear in the next issue of the Ferrari Market Letter, which will be available online to subscribers Friday. Lawsuit against Roush Publications, Cavallino dismissed A U.S. District Court judge in New York has dismissed due to a settlement, with prejudice, a defamation lawsuit against Roush Publications Inc., the publisher of the Ferrari Market Letter. The claims were also dismissed against Cavallino magazine and its owner, John W. Barnes Jr. The judge filed the dismissal on Jan. 5. With prejudice means that the lawsuit can not be re-filed by the plaintiff, Paul Barney Hallingby. Hallingby sued both publications in 2009, alleging that they had defamed him by publishing an advertisement from an attorney who represented a former owner of a Ferrari now in Hallingbys possession. The ad claimed that the Ferrari had been stolen. The parties reached an out-of-court settlement. Terms of the settlement were not disclosed. Both the Ferrari Market Letter and Cavallino continue to deny any wrongdoing and will continue to publish as they have in the past. My father was a proud and honest man who valued his integrity above all else," said Chris Roush, the managing editor of the Ferrari Market Letter and the son of its founder, Gerald Roush, who died in 2010. "That he passed away while these unfair attacks were being made will forever sadden us. "The FML is known for its integrity and independence, and throughout this court process, we have refused to compromise these basic values. We are pleased with the recent settlement of this matter, and we look forward to carrying on in the proud tradition of the FML, bringing to the market honest, independent and unvarnished reporting on events in the Ferrari community.
Small part, eh? Let's see, by your own admissions, you: (1) encouraged the plaintiff to continue his lawsuit, and (2) you had your deposition taken. Or did I miss something? BTW, if you want to sue me, you know where to find me. Dale
Cavallino in a joint statement to include Roush announced individual statements and a press release regarding the litigation . But since everybody is so suit happy about printing words I will only say you can find a full page of statements in this month's Cavallino issue number 190 (Aug/Sept) page 38. I haven't the resources to even take a single word as my own without the lawyers jumping in . seems great expense time effort and feelings can now be set aside or should be . How are the Giants doing ? Anyone have a take on when I should change my belts? some say 3 years some say 5 some say never.
I received the complete file of Connecticut state police regarding the case of Ferrari s/n 0799GT and Mr. Paul Hallingby. When comparing the police file with the comments of the old chat (http://www.ferrarichat.com/forum/vintage-thru-365-gtc4/196197-story-250-gt-cabriolet-s-n-0799-a.html ) I notice how little information about this case is known in the community. It was right to shut down the old thread since a lot of wrong and even misleading information was published by several members. I am not going to comment the old chat. I am absolutely not interested to argue with anyone about this case. I dont know Mr. Hallingby and Dr. Gerber at all. But I believe transparency is very important when it comes to cars with a questionable background. I do trust Connecticut state police and I know how professional and careful they investigated the case of Ferrari 0799GT. The Ferrari community should know the results of the police investigations. I will therefore publish some links where anyone can download the document application for arrest warrant regarding Mr. Paul Hallingby. This document is not confidential. Anyone can obtain this police file based on the freedom of information act (total about 1000 pages, see despp: Reports and Records). This is the conclusion of Connecticut state police in paragraph 85 of the application: Paragraph 85 Based on the aforementioned facts and circumstances, and the Affiants training and experience, Probable Cause exists to believe that Paul Barney Hallingby DOB: 11-11-46 possessed the 1958 Ferrari bearing VIN 0799GT on September 4th, 2008 and that he knew the vehicle was stolen. The vehicle was located in his undocumented garage at his residence located at 32 Kings Hill Road in Sharon, CT. The Affiant respectfully requests the authority to arrest Paul Barney Hallingby DOB: 11-11-46 for the crime of Larceny I (C.G.S. 53a-122). Links: arrest warrant application regarding Paul Hallingby: https://www.dropbox.com/s/bvewllq88djb0ns/hallingby%20arrest%20warrant%20application.pdf conclusion of Connecticut State Police: https://www.dropbox.com/s/w5lw3c22bqtxu6i/conclusion%20of%20connecticut%20state%20police%2008192009.pdf note regarding discussion with State Attorney: https://www.dropbox.com/s/j3l67a9urlju009/note%20of%20connecticut%20state%20police%20about%20discussion%20with%20state%20attorney%2009222009.pdf response of State Attorney: https://www.dropbox.com/s/e6lcoss0njpmb9u/response%20of%20state%20attorney09242009.pdf
Aaaand here we go again! Wayne, can we tack this on the old thread to keep everything together? Regards, Art S.
I just received Mr. Hallingbys depositions in the lawsuit against Roush & Barnes (Cavallino and Ferrari Market Letter). Until now, theses documents were undisclosed and there are good reasons for that. Find out by yourself, if Mr. Hallingby is credible or not .. You can download two pdf files from following links: https://www.dropbox.com/s/uuirntxhyyylcpw/02-08-11%20Hallingby%20Deposition%20Transcript_1.pdf?dl=0 https://www.dropbox.com/s/2crceaefuvyi63o/02-09-11%20Hallingby%20Deposition%20Transcript_2.pdf?dl=0
Why Mr. Hallingbys attorney (Deborah Drooz) answered some questions in place of Mr. Hallingby? Actually, she even corrected Mr. Hallingby. This is so weird!
As many people know, Mr. Hallingbys business partner is Nick Soprano (Motor Classic, Bedford Hills, NY). He also made a deposition in the lawsuit regarding Ferrari 0799GT. Read Mr. Sopranos contradictions right here: https://www.dropbox.com/s/uiyaxd5d61mu2u6/01-25-11%20Soprano%20Deposition%20Transcript.pdf?dl=0