Saturday, March 06, 2010

SNG writes to the GGYC regarding the ongoing litigation

[Source: Alinghi] Société Nautique de Genève writes to the Golden Gate Yacht Club requesting that - for the good of the sport - the GGYC agrees to end all litigation concerning the 33rd America’s Cup and all prior Cups...

The SNG reiterates that it stands ready to withdraw its challenges to the Deed compliance of GGYC’s boat, and to exchange a mutual release regarding all claims arising out of the 33rd America’s Cup and all prior Cups:

Ms. Melinda Erkelens

5 March 2010

America’s Cup

Dear Melinda,

I write to request, once again, that GGYC agree to end all litigation concerning the 33rd America’s Cup and all prior Cups. We previously made that request to you by letter dated February 18, 2010, in which we asked GGYC to covenant “that all litigation shall now end,” and affirmed our intention to “cease litigation against GGYC and to assign, transfer and deliver the Cup, and all related rights, to GGYC as soon as possible.” Similarly, by letter dated March 3, 2010, our New York counsel reached out to yours to follow up on their many attempts made on behalf of SNG “to determine whether the parties could resolve all litigation.”

To date, GGYC has not agreed to end the litigation that has now been pending for over two years. To facilitate bringing our disputes to an end and the transfer of the Cup, I reiterate that SNG stands ready to withdraw its challenges to the Deed compliance of GGYC’s boat, and to exchange a mutual release regarding all claims arising out of the 33rd America’s Cup and all prior Cups. I hope, for the good of the sport, that GGYC is prepared to do the same.

I look forward to learning your position as soon as possible.

Yours sincerely,

Fred Meyer


Cc: Marcus Young, Commodore GGYC
Pierre-Yves Firmenich, Commodore SNG

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At 11:10 AM, Anonymous Anonymous said...

I guess the legal case will stay out there until BMWOR have finalised a protocol, terms of challenge and boat rule and quietly done everything possible to prevent Alinghi from entering the 34th.

Be interesting to hear what they have to say in response to the letter though.

At 11:34 AM, Anonymous Anonymous said...

Both teams slap challengers at will...Both teams have used unorthodox measures to gain intel...Both teams have changed their opinion on boat design...

It is pay back time for BOR I guess but if they will not include Alinghi in their plans, the competition will not be the same. Take for example this year's LVT event which is about to start in a few days and compare it with the LVPS...

Alinghi, during the 32nd knew that in order to have high penetration rate in media they had to have a real competition, so they had to have ETNZ involved and therefore helped them financially as well.

BOR won the CUP, but their "V5" team could not be at a worst level. LVPS, LVT Nice proved that.

So, lets leave the sporting decisions outside the courts for a change.

At 3:00 PM, Anonymous Anonymous said...

A pathetic, groveling letter if ever there was one. SNG are desperate to get out from under the breach of fiduciary threat that the GGYC lawsuit rightfully poses. Ernesto got SNG into this mess, but SNG let themselves get taken for an expensive and humiliating ride. At the end SNG's Fred Meyer& Co. made a further hash of it with their attempted RC mutiny with the sailing world watching live on TV. What disgraceful idiots! Without doubt SNG has been by far the worst Trustee in the history of the America's Cup, and deserves the disgust and disdain of the sailing world. I hope ISAF investigates and penalizes SNG and those responsible for bringing the sport into disrepute, but I also hope GGYC drops the litigation so we can get on with AC34. Regardless, no one is going to miss SNG, not even for one second.

At 3:15 PM, Anonymous Anonymous said...

what do you know ?anon above

At 5:06 PM, Anonymous Anonymous said...

You are pathetic. Whatever the facts and personally I dont agree with your read on them can't you see that the best thing for the AC, sailing and people who raelly like the sport is for the legal mess to come to an immediate end.I'm sure you'll be dissapointed as you'll have to find something else to drivle about but suerly it would be a worthy sacrifice.

At 8:59 PM, Anonymous Anonymous said...

5:06 PM - you are kidding right??? Please consider the long list of facts legal and sailing wise against EB/SNG/Alinghi. The AC and the sport need to have closure on these idiots. They do not belong in the AC let alone our sport.

For your education, please read the Basic Principle in the RRS. If you do you will understand why it's important for GGYC to get closure on the legal issues. If in anyway you doubt this, read Freddie's letter again and ask yourself whether him and this letter have any place in the AC or sport.

The sport is self regulating and when it's not it's off to the PR or in the AC case add the NYSC. Get some understanding of the facts before you pick some lame low road for the AC and the sport.

The AC, EB/SNG/Alinghi, ISAF and the sport needs cleaning up, people like Harold Bennett, GGYC and others who understand what went on and is still going on hopefully are not going to stop until the sportmanship and the rules of the sport prevail.

At 9:06 PM, Blogger Doug said...

Anon at 3:00. You apparently know how to look at the facts and see them for what they are. Perfectly correct. SNG has themselves to blame. Now we will see if LE and GGYC can rise above the spell of the Cup and create a truly defender-independent future for this trophy.

At 9:59 PM, Anonymous Anonymous said...

I don't understand what else does GGYC want:
NYCourt got them the cup - congratulations!
Russell got his cash - congratulations!
Ehman keeps his contract with Oracle so that Oracle keeps Ehman away from demolishing every team that does not hire Ehman - congratulations!
Ellison convinces himself that he is a good sailor because HE won the cup and the RC44 poney show makes him think that he is a good sailor - congratulations!
GGYC has saved the world from evil Alinghi - congratulations!
Why keep the litigation?
Maybe to delay as much as possible any announcement for the 34th... Maybe GGYC wants to consolidate a huge lead start on the 34th before announcing it. The later the challengers learn things the better for GGYC.
GGYC were able to cheat that much when they were a challenger - try imagine what's coming up now that they hold the power!!

At 11:39 PM, Anonymous Anonymous said...

Who Cares about this shit anymore. All you posters are just a lame bunch of wankers waiting for the re-appearance of something that you will not see again in your lifetimes.

The Cup is Dead.

Get over it.

At 12:12 AM, Anonymous Anonymous said...

9:59 p.m.
Very good point... Why indeed had the BOR camp been curiously silent for this long??? It's going to be held in America, why not just announce where, and the protocol and get everything going again? Better for the sport.
Better for the teams that want to challenge...
Why the silent treatment???
I'd be curious to find out where all the BOR designers are these days. I'm guessing they're working away on the next design and are staying mute for the advantage of a head start on design and build time...
Prove me wrong BOR!!!
Drop this silly court BS. Publish the protocol for the 34th and name the location!

At 8:23 AM, Anonymous Anonymous said...

@ 9:59 PM anon

it hardly can be any worse than what Alinghi delivered in AC 33

At 11:21 AM, Anonymous Anonymous said...

Alinghi delivered what could be delivered in the frame of the turnmoil created by BOR.

At 11:25 AM, Anonymous Anonymous said...

Alinghi fans still crying, build a bridge...get over it!

At 2:28 PM, Anonymous Anonymous said...

Let's just wait and see how BMWOR work with the Challengers and what kind of AC they deliver.
With a bit of luck they will live up to all their promises and deliver a great and fair event that we can all enjoy.
Let's also hope that there is no opportunity for a Challenger to take this thing back to court.
Concerning the currently outstanding legal challenges I can't help feeling they would be better dropped as Challengers without wealthy backers may continue to find it difficult to find corporate partners with continuing litigation. Of course that may be part of the plan.

At 9:46 AM, Anonymous Anonymous said...

@11:21 AM
Alinghi delivered shit. I am particularly disappointed about their sailing performance. This was so unprofessional: Two penalties, an amateur driver on the wheel trying to keep up with a professional and poor tactical decisions all over the race course. Not to mention the pathetic wind/wave limits.
I was a fan of Alinghi and even stuck with them through the nasty court stuff (in which they mostly did a poor job). But Alinghi 2010 has no resemblance with the team we saw in AC31/32 and I am no longer supporting them.
Alinghi will not rebounce and will not be a key player in AC 34. There is simply no need for them any more in the AC...


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