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[Bob Pickle]

http://www.3abnvjoy.com/ilsd-12cv00114/ilsd-12cv00114-doc-67.pdf

When I read 3ABN's motion to dismiss, I wondered whether they really had standing to assert weaknesses in Alex's claims against Tommy. Lo and behold, the judge in today's order, linked above, stated that they did not, and stated that he could not therefore consider the merits of their motion, and thus had to deny it.

One point of particular interest to me was his treatment of the statute of limitations point 3ABN raised. Since that concerned a count against Tommy, not 3ABN, and since 3ABN lacked standing, they couldn't assert it.

So has the state of limitations run out or not? As the judge pointed out, the question is not jurisdictional. It's something a defendant can assert as an affirmative defense, but he doesn't have to. And if he doesn't assert it in a timely manner, it's considered waived.

Tommy has never asserted a statute of limitations defense, as far as I know. He's only filed one thing, and that was his answer to the complaint on August 30, 2011 (http://www.3abnvjoy.com/ilnd-11cv04177/ilnd-11cv04177-doc-13.pdf). Asserting now more than a year later, how would that be "timely"?

So my guess is that 3ABN in sunk as far as the statute of limitations goes.

[Gailon Arthur Joy]

The real concern is that 3ABN now must prepare to face a Trial on The Merits and no way out, short of settlement. They best stop creating bad affidavits and presenting them as they can make you look like a real fraud to a Federal Court Jury and highly magnify the award against the defendant, a/k/a PUNITIVE DAMAGES. That kind of error, especially as frequently to be exposed here, can be magnified from $3.0MM to $30 MM very quickly.

Poor Lilly, those sources are severely impaired, and obviously unchecked (apparently they do not teach Journalism Writing and Editing standards in Lilly's world) but alas we will debate that in another thread. We clearly passed that test in the first round (3ABN vs Joy) and unraveled many a myth perpetrated by the 3ABN lawsuit, documented and corroborated. We did not report the un-corroborated allegations then, but time has corroborated some and more are being explored.

The 3ABN GANG still acts like the GANG that cannot shoot straight. And so much more to deal with yet. Should have done that "comprehensive settlement" we proposed in the early fall of 2008. But, no, you decided to take a chance and run away from your own suit and hope there would be no consequences. Then came Shelton v Shelton. Then Va vs Shelton. Then Alex Walker vs 3ABN. And the...and therein lies the surprise!!!

YOU ARE REAPING THE WHIRLWIND of your sins and still no repentance, revival or reformation. Just denial and pretending to be the saints when in reality you are the Demons!!!

YOU ARE REAPING THE WHIRLWIND and there will be one storm after another until you openly, and with a real spirit of contrition, CONFESS, REPENT and achieve a real relationship with the God you pretend to serve, and show a REAL SPIRIT of REVIVAL and REFORMATION, lest your whirlwind drag you right into Hades!!!

And beating Barkely will not save you!!! Repent and be ye saved!!!

Gailon Arthur Joy
AUReporter