Monday, May 11, 2009

Statement from GGYC

Related PDF files- Memorandum of Law
- Affirmation of James Kearney

[Source: Golden Gate Yacht Club] The Golden Gate Yacht Club (GGYC) today filed a memorandum of law in the Supreme Court of the State of New York supporting the court-ordered dates of February 2010 for the next America’s Cup match and opposing a frivolous motion made by the defender Société Nautique de Genève (SNG) to disqualify GGYC.

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 an April 23 letter to GGYC, SNG unilaterally dictated that the match shall be in May 2010 in defiance of the Court’s April 7, 2009 Order and Judgment. GGYC filed a motion to hold SNG in contempt of court for defiance of the judgment.

SNG retaliated with a cross-motion seeking to disqualify GGYC for not yet providing a custom-house registry (CHR) for the team’s challenging yacht. GGYC’s court submission states it had “no obligation to provide a CHR before commencement of the 10 month notice-of-race period.” The 10-month clock started April 7, the day GGYC served SNG with a copy of the court Order and Judgment, reinstating GGYC as the Challenger of Record.

“We will provide the CHR, as the Deed requires, ‘as soon as possible,’” said
GGYC spokesman Tom Ehman.

“Alinghi/SNG have already held up the 33rd America’s Cup for two years. We believe this unfortunate new delaying tactic by SNG will not stop the 33rd America’s Cup from proceeding in February 2010 as ordered by the Court last month,” Ehman said. “We expect the hearing this week will promptly resolve both matters.”

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

Tom Ehman is a douche bag. The only team that has held up the AC is BOR with their continuous legal maneuvers. The court said 10 months, but the deed says early May (Northern Hemisphere). Obviously the Deed governs, and not some Mickey Mouse court.

At 10:14 PM, Anonymous Anonymous said...

“We will provide the CHR, as the Deed requires, ‘as soon as possible,’” said
GGYC spokesman Tom Ehman, just as soon as we have looked at the 'recon cell' photos supplied to Monola by our $10,000 / month spy, based in Villeneuve"

At 11:02 AM, Anonymous qwerty said...

So BOR has an internal "reckon cell" created and directed by Manolo Ruiz Elvira, the same guy that BOR sends to the meetings with SNG representing the GGYC.
So the equation goes somehow like this:
Spy + Manolo + BOR = GGYC = AC CHEATERS!

Very nice move Larry Ellison.

At 12:54 PM, Anonymous Anonymous said...

I am not an expert in this so would one of you bloggers help me out with this. Why shouldnt BOR be allowed to spy? They would obviously need to gather as much information as possible before designing their own boat. Is that allowed or not? So far i have supported BOR but if they have done this illegaly then i dont think they would really deserve to race. Somehow though i think they must be allowed right????????

At 4:01 PM, Anonymous Anonymous said...

Larry Ellison and his (bought) poodle yacht club GGYC have been cheating the sailing world out of the AC. There couldn't be another US entry less disserving then BOR, they have been a disgrace for US Sailing.

At 7:35 PM, Blogger Norberto said...

yeah, sure. as if alinghi's spies hadn't been ostensevily seen in anacortes and san diego. eb, the whinner (as usual) after having spied oracle is now complaining, "oh my god, my virginal and shy alinghi can not be spied". f*#%ing ridiculous imho.

At 7:39 PM, Anonymous Anonymous said...

12:54 poster - youi arte asking a very good question. There is a line, and thats normally the common law. If you take your boat out sailing, I can follow you and take photos. You entered the public domain, just myself, so I can take photos or do whatever I can to obtain information.

However, entering private property at the dark of night, and in absence of the owners sneaking around with electronic surveillance equipment is obviously against the law.

At 9:04 PM, Anonymous Anonymous said...

To date, no one has said Antoine was on private property. It's not even stated in the depo or SNG docs to the NY courts. Discussion on French forums has him only being on public property.

Nothing is secret if you can see it from the public domain.

An interesting fact is why did the Swiss & French police get involved so quickly? Quickly to just hold a hearing only.

The complaint was filed by "X" on the depo. What is SNG/Alinghi hiding? Are the calling in favors from a Defence contractor to file the complaint?

We will never know who "X" is as SNG will not want to persue this any further as they would have to disclose who "X" is. It could open up the potential to a huge lawsuit from Antoine & a huge PR nightmare for SNG & maybe a Swiss Defence contractor.

Bottomline is want TE stated -

"Alinghi/SNG take the view that they can observe others but others can not observe them.

We believe that SNG's attempted delaying tactics will not stop the 33rd America's Cup from proceeding in February 2010 as ordered by the Court last month"

At 11:27 PM, Anonymous Anonymous said...

Not only was he on private property, he also had sophisticated surveillance equipment and GPS gear with him along with photography and video equipment.

You may be a great fan of BOR, but you wont change this activity into a simple stroll through the park. The police has investigated and has filed criminal charges.

At 1:03 AM, Anonymous Anonymous said...

Forgot to add this - Many thanks to Pierre at VS for being neutral w/ Antoine's situation. Like other AC sailing sites remaining neutral, not posting Antoine's personal info & etc is important to the AC & general sailing community.

At 5:58 AM, Anonymous Anonymous said...

I'm so over the PR bollocks from Ehman and Coutts and Alinghi as to where the blame lies. THEY ARE BOTH EQUALLY TO BLAME!! I'm especially over the one-liner both sides keep regurgitating - that dragging this cup through the Supreme Court again and again is "for the good of the sport".

I've done 5 AC campaigns and it's always about cup lust, glory, money, greed and ego's. Oh and let's not forget the "what's in it for me" and personal aspirations and personal agenda's. That's the cup and I can honestly say it does not bring out too many endearing qualities in people.

The only winners in this so far are the lawyers and they are just loving it - while nearly everyone else is loathing it or getting fired up about the crap that gets spouted as to what is right or wrong.

At 11:08 AM, Anonymous Anonymous said...

7:39 poster. thanks for answering some of my points. I wonder if you have any thoughts on what could be the issues faced by BOR if they are in trouble for spying. A friend of mine was stating that BOR could be in trouble because they are spying before they have submitted a custom registry form for their boat. So what does that matter? I hope BOR cannot be disqualified for this. It would be a shame after they have battled so hard to get this far.


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