Tuesday, September 25, 2007

#22 - The Truth Will Out . . .

Interesting, suddenly all of the addendums that belong to the American Plastic Equipment motion for partial summary judgment on the trademark 'Fort Apache' are posted at:


instead of www.sirdinglydang.com. I guess 'Jason Mason' forwarded all the documents to the owner of that website for posting. Funny though, the motion for partial summary judgment is the only thing posted, not any of the motions to dismiss or motions for sanctions. So, the word 'complete' is a serious misnomer.

I'll be filing my response on or before October 11, 2007. We'll see if that is posted, or if the 'complete' record remains one-sided.

Just remember, as I said earlier, both sides get to have their say and then a judge, not the court of public opinion makes the decision.

I have to go back to work now. I have yet another motion to file. I wonder if it will appear on any postings??

Have a good evening everyone! Terri

#21 - The "Jason - Mason" Line

Good morning everyone! Woke up to a gray day in Fort Scott, Kansas and what appeared to be a flaming bag of doggie droppings on my front porch.

The flaming bag in question is an email being circulated by someone calling themselves 'Jason Mason' with the email address 'marxtrials@hotmail.com'.

This email links to a website containing an incomplete public record filing of a motion for summary judgment for the trademark 'Fort Apache' filed by American Plastic Equipment, Inc. a few days ago. Obviously an attempt to draw some kind of 'line in the virtual sand' and sway public opinion against us and in favor of American Plastic.

First, I could really care less about the pleading posting. Public records are by their very nature, public, and everyone who knows how has access to them. Go to them and read all of my motions to dismiss and motions for sanctions against American and their lawyer for lying in the pleadings. Read all the public records and you'll find out this is the third time they've filed this same old repetitive and tired-out motion. I have 20 days to deal with it and will deal with it in my own time.

What bothers me is how and why this particular motion is being circulated.

First, just who is 'Jason Mason?' I can't tell you if this is a real person, or someone hiding behind a fake name. However, this is what I can tell you.

The hot link to the pleadings goes through a website called www.sirdinglydang.com. Now, wondering who would be interested in getting their 'news' from a site with a 'name' like that, I clipped off the .htm segment of the link and went to the base website.

It is an rpg gaming site with an email address of: tkoehler1@woh.rr.com
Check out the ISP server and this places the person in the western part of Ohio. I went to the WHOIS registry to find out who owns this domain name and found that it belongs to:

Tristan Koehler
[address deleted]
Englewood, OH 45322

This is Jill Koehler's husband [this info is on her 'ME' page on eBay] and I can attenst that this is their correct address. I'll let you all decide who 'Jason Mason' is and what Jason's motives might be.

Jay's attorney had attached several 2-3 year old emails to the pleading and 'Jason' made sure there were links to those emails. I don't know what the point of it was, other than to try and stir up a lot of trouble. Unsupported and uncorroborated emails are pure heresay and don't carry much in the way of weight in court. So, the probative value is very little. Therefore, there was an attempt at shock value.

My only comment on the emails is several years ago, things were happening very fast and we were mad at everyone and bitching at everybody, and I'm as guilty as anybody else. More so, because I know better than to behave like that.

However, because we are all adults, everyone that we care about has long since talked it all out and settled the issues and made peace and laughed and opened a couple more 'adult beverages' to celebrate putting all that foolishness behind us.

In other words, it all came to an end. Evidently, for 'Jason' and company, it was just beginning. That horde of emails was supposedly their 'doomsday' weapon.

Everyone has something they've said in private that would make them cringe in public. However, you thought you were speaking to someone you could trust and share bitchy opinions with. People who have gone out of their way to ingratiate themselves to you and assured you that you could trust them forever. However, now 'Jason' feels that betraying confidences and putting a bunch of stale old email out to the public is somehow beneficial.

I've received several calls and emails this morning and I am humbled by everyone's kindness and support. This person gave me permission to post part of their note:


"I get spammed every few days, usually with some Uganden dead president's wife telling me she has millions to share with me or from the Nigerian Lottery Fund that I have won the Nigerian Lottery. I always mark these as spammed and be done with them.

However, this email really disturbed me as it was obviously sent to directly poise me against you and Noah personally and Circle X Ranch without fair and due process. I assume that all other Johnny West fans received the same email in hopes by the instigater to cause an avalanche of animosity against you, Noah, and the Circle X Ranch. I personally feel the below email was an attempt to slander you, Noah and the Circle X Ranch.

Since my job deals so much with determining if people are a risk to national security, I have learned what is and is not my business and how to read people. The spamming me with this email is my business. The great relationship that we have with each other is my business. Anything outside of that is not my business and does not play a part in our action figure collecting or personal relationship.

So basically, I am trying to say that this attempt to cause adverse affect on my relationship with you, Noah or the Circle X Ranch did not succeed.


With friends like this, I feel like a millionaire.

I'm making a small change in the blog. Before, I had it moderated and did not allow anonymous comments. I've changed that. Feel free to comment and say what you will. You can also email me directly at thetoylawyer@yahoo.com and I will answer your questions.

Take care everyone - Terri