Tuesday, April 28, 2009

Statement from GGYC: Oral hearing scheduled for May 14

Related PDF Documents- Order from NY Supreme Court for May 14th hearing

- Memorandum of Law in Support of Motion to Enforce Order and Judgment and for Contempt

- Affirmation of GGYC lawyer In Support of Motion to Enforce Order

[Source: Golden Gate Yacht Club] At Golden Gate Yacht Club’s request, the Supreme Court of the State of New York today issued an order directing the defender, Société Nautique de Genève, to show cause why it should not be held in contempt of court. SNG has refused to comply with the Court’s April 7, 2009 Order and Judgment concerning the dates for the next America’s Cup match.

The court scheduled a hearing for May 14, 2009 at 0930. In early April the New York State Court of Appeals, in a unanimous 6-0 ruling, held that GGYC is the rightful challenger, and that the next match would be in ten months, meaning early February 2010.

However, in a letter last week to GGYC, SNG unilaterally dictated that the match would be in May 2010 in defiance of the Court’s April 7 Order and Judgment. SNG and Alinghi officials also made the same statements widely in the media.

“By forcing litigation over our rightful challenge, they have already managed to delay the match from July 2008 to February 2010,” said GGYC spokesman Tom Ehman. “Now they seek another three-month delay, in defiance of the Court’s clear mandate. Enough is enough.”

At a meeting with SNG representatives in Geneva last week, GGYC’s straightforward proposal for a conventional, multi-challenger America’s Cup in monohulls was categorically rejected by SNG.

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At 7:44 PM, Blogger Norberto said...

where are you now, my dear impostor?

At 9:52 PM, Anonymous Norberto the imposter said...

I guess all that goodwill and "getting together to arrange things" wasn't really meant on part of BOR. What is the big fucking deal between February and May 2010 (90 days later) which does not pose a conflict with the dates/hemisphere of the Deed, nor does it conflict with other major sports events (as it does in February).

The GGYC reaction clearly shows that they don't negotiate in good faith. They are a controversial bunch of egomaniacs, only trying to enforce the American will on the rest of the world. At cost of sponsorships to the teams.

In the end they will lose again!

At 10:35 PM, Anonymous Anonymous said...

Norberto the imposter, or should I say Ernesto, the short minded... What part of the "the judges said February 8th 2010" you cannot understand? go to hell you and your we will not appeal...

At 10:57 PM, Anonymous Anonymous said...

the part that says February 2010 in Valencia - which is the Northern hemisphere and therefore in breech of the deed .... you idiot!

At 11:16 PM, Anonymous Anonymous said...

10:35pm - Norberto the imposter - the Deed says 10 months. We are now at 21 months thanks to SNG delaying. Delaying the Challengers right under the Deed for a timing match.

As TE said "enough is enough"

Many of us AC tradtitionalist are at the stage of being happy if the NYSC chooses to force SNG to forfiet. SNG & co have been a disgrace to the yachting world & AC community. Let's move on w/out them as we don't need them.

At 1:44 AM, Anonymous Anonymous said...

Ok. Here we go: It looks like nobody in this forum has read the Deed... So here it goes for your help.

«The Challenging Club shall give ten months' notice, in writing, NAMING THE DAYS FOR THE PROPOSED RACES; BUT NO RACE SHALL BE SAILED IN THE DAYS INTERVENING between November 1st and May 1st if the races are to conducted in the Northern Hemisphere; and no race shall be sailed in the days intervening between May 1st and November 1st if the races are to be conducted in the Southern Hemisphere.»

It means that it's up to BOR (not up to the court) to name the days.
BUT it's obvious that the days can not conflit with the hemisphere!
Bor did alright when the choose July 2008. Now that, after all the dragging and delaying, there is finnaly a court decision, BOR will have to name the new 3 racing days. Simple as that. But without conflict with the Deed hemisphere paragraph.

Give the Defender 10 months notice and no hemishere conflict can only be after the end of April 2010...

At 3:51 AM, Blogger Paul said...

So what's the big deal with October 2009 vs. Feb 2010? That's only 90 days difference. SNG should defuse this affair by offering to race in October which would comply with the hemisphere clause of the Deed. They have said they will launch their boat within a few weeks. This would allow them to get this DoG-match stuff over with and get all of the other teams back on the water sooner.

At 11:25 AM, Blogger folkenbolt said...

SNG is choking.
They would never be ready for February 2010 to challenge GGYC and, as usual, they are trying another way to delay the big match.

At 12:05 PM, Anonymous Anonymous said...

Sailing is for gays.

At 2:49 PM, Anonymous Anonymous said...

1:44 Poster - SPOT ON

At 11:32 PM, Anonymous Anonymous said...

So what's the big deal with October 2009 vs. Feb 2010?

Dear PAUL,
October 2009 doesn't comply with the 10 months...

If BOR wants to stick to the Deed, then do it: May 2010!

At 6:03 PM, Anonymous Anonymous said...

11:32 PM - you are to sail within 10 months or by mutual consent do something else.

Right now there is no mutaul consent as Alinghi has had 2 years to build a boat they should have had ready in 10 months.


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