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03-26-2008, 07:28 PM | #1343 |
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Michael Maledon is really that 16 yr. old kid with the lisp, who bombarded us with posts a few days ago....LOL.
Really though, as Counsel, why in earth would you put anything in writing, let alone post on the internet? Extremely ASSININE and suspect.
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03-26-2008, 07:29 PM | #1344 |
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Gang,
It's getting even weirder: We now have another new member named Scott J. Tepper (the name of Dooma's attorney). How the heck do we authenticate him??? I am having a hard time believing that counsels for opposing parties would both show up for a foodfight. >> >> Oh great, he posts while I'm typing my caution ... but at least he >> addresses the authentication matter head-on. +1 for Tepper. >> >> I'm still willing to give Maledon the benefit of the doubt until the mods >> weigh in. >> >> My WatchBots forwarding to the CrackBerry cannot keep up with the >> the weirdness tonite. >> >> The next degree of weirdness will be if one of the Van Tuyl's or Holcomb >> joins the party. >> |
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03-26-2008, 07:32 PM | #1345 |
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Yeah, probably Maledon was instructed by Catania to post a clarification post in an attempt to "control the press". Not hard feelings on Maledon on my side, he just represents his client.
Glad to hear that Husker is finally seemingly willing to honor the deal. I just wonder from now on where Ken can service his car...if I were him, I wouldn't go back to Husker. Also, I'm surprised that Catania uses the terms "control the press". I think he meant more "damage control". Hoping that the deal goes through tomorrow smoothly. *Still wondering why Catania refused Ken's credit card. And finally, very true, the power to control press lies elsewhere.
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03-26-2008, 07:33 PM | #1346 | |
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Okay, a poll for the rest of us. You're in need of legal counsel. Who do you choose: Scott Tepper or Michael Maledon? I'm not ragging on Maledon--I believe that he's an honorable man--but based upon the two lawyerly posts to this thread, whom would you want representing you? I choose Scott. Not even close, in my mind. |
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03-26-2008, 07:34 PM | #1348 |
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we'll just have to take it as it is. It's good that we question the authenticity, but it's hard. And both the content written by both counsels seems reasonable enough to be written by them.
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03-26-2008, 07:35 PM | #1349 |
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Here are a couple of quotes from the Dealer Tracking magazine in dealertrack.com. This is from Volume Two, Issue Three, Winter 2006 in an article on Compliance.
-------------------------------------------------------------------- Randy Henrick (Henrick): A dealership’s good name and reputation are perhaps its greatest assets. Once lost, recovery is difficult. The dollars spent on compliance can come back in multiples from repeat customers, higher satisfaction scores, and good will. The “soft” benefits of compliance are almost as important as the hard benefits of not being the next lawsuit. Michael Maledon (Maledon): “Compliance” shouldn’t be viewed as a negative. Successful dealers understand that compliance isn’t just about legal obligations -- it’s about maintaining an overall commitment to a set process of delivering value to the customer. It’s no coincidence that dealers having a strong culture of compliance are typically also the dealers that outperform from a sales perspective. -------------------------------------------------------------------- Sure doesn't sound like the same guy who wrote that long post representing BMW of Lincoln in a not so positive way. Guess I am one that will be trashing those advertisements I get in the mail from BMW of Lincoln. I am close enough to drive up there to buy a car, but after all of this there is no way in the world I can see me doing that when I buy my 4th BMW. (1986 - 318, 2000 - 323, 2002 - 325XI, 2009 or 2010 - ????) |
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03-26-2008, 07:36 PM | #1350 | |
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03-26-2008, 07:38 PM | #1351 |
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It’s certainly odd that each counsel from both sides would post a message on this forum while this whole situation is still on going and unresolved.
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03-26-2008, 07:39 PM | #1352 | |
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03-26-2008, 07:40 PM | #1353 |
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It's a new world. Food Fights...well they take place everywhere, so why not on a forum?
We seem to be breaking some new ground/wires, and I for one am glued to the drama. Both parties, by communicating here, have shown continued interest in Ken's situation. Neither party has walked away from the table, so this should be resolved soon enough. I suggest Van Tuyl pony up a neutral BMW dealership to facilitate the transaction and keep both parties from ever interacting. This really has grown into a situation for the Parent Company to fix! If they condone this behavior at one of their dealerships, what else do they allow at all the other dealerships they own? Makes a fella wonder... Does anyone have a list of all the dealership that Van Tuyl Automotive Investment Group controls? Last edited by bradbmw; 03-26-2008 at 07:49 PM.. Reason: spelling |
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03-26-2008, 07:41 PM | #1354 | |
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Mr. Maledon is serving HIS financial interest by keeping HIS services relevant and needed. If I were the client, I would ask a simple question, "What do I have to do to make all of this end?" Answer: Sell Dooma350 the car at $60,000 and shake his hand. Nothing more, nothing less. The story will die. But noooo...these nitwits keep the crazy train rolling and rolling...next stop...the courthouse and national TV and print news... Now where is that eating popcorn emodicon??
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03-26-2008, 07:44 PM | #1355 | |
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they did the basic thing to customers, admit fault, apologize profusely as if they meant it and give additional credit to customer with monetary value (all of these ideas are taken from consumerist post). Look at all the love that Netflix is getting from a simple, honest and sincere gesture. Husker, think how different the situation would have been if you had Netflix's attitude. (Not saying you have to resolve it in the same way, but the attitude)
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03-26-2008, 07:44 PM | #1356 | |
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03-26-2008, 07:44 PM | #1357 |
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03-26-2008, 07:47 PM | #1358 |
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[QUOTE=Scott_J_Tepper;2371482]I am Dooma350's (Ken’s) attorney. (The mods who see this post will also see from my IP address that it correlates to the law firm which is representing Ken.) Ken has asked that I respond to the post from Lincoln BMW’s attorney. Here is my response.
Extraordinary! A public exchange between two lawyers on an internet forum! If this is real, it is surely a first. Still rooting for you Dooma! |
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03-26-2008, 07:50 PM | #1359 | |
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We will need a special and unique FAIL for him and his post...start looking
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03-26-2008, 07:51 PM | #1360 |
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> Does anyone have a list of all the dealership that Van Tuyl Automotive
> Investment Group owns? There are two separate posts that account for the KS & TX dealers; maybe 20 of the ~60 VTAIG stores. Search the thread for "Showcase" and "Arlington" to quickly find them. My scan bots discovered that Cecil once dabbled in the aviation industry. That was a clue to crawl the FAA flight plans to:Lincoln for the past week. At this pointe, nothing obvious has yet been discovered. But I'm still chasing flight plans and ownership records. |
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03-26-2008, 07:51 PM | #1361 | |
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Just a reminder to everyone, Dooma (Ken) has requested that we do not harass or purposefully make trouble for the dealership. This doesn't need to get any messier from our side. If anything, let the dealership screw up. Don't give them any reason to make us look bad. Good luck with the deal Dooma!
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03-26-2008, 07:52 PM | #1362 | |
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Scott, you represent your client honorably. However, if Husker's lawyer comes to this forum to post a highly distorted version of the truth, he isn't going to get much love. I don't condone any harassment of the dealer, but by the same token I have very little tolerance for blatant dishonesty. It's a pretty rough playground here and most are not going to extend Mr. Maledon the professional courtesy you have been gracious enough to avail.
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03-26-2008, 07:53 PM | #1363 |
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03-26-2008, 07:55 PM | #1364 |
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Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit. Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka. Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.) It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid. Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership. Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW. Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle. Michael B. Maledon, Esq. Wow I just had to join the forums. Caught news of this on Autoblog during my lunch and i must say it has been entertaining to read. I personally am all for the guy seeking the M3 as i would love to be the owner one day. The reason i bring myself to joining and not just being a bystander is because of this arrogant attorney. His statement about how the Ebay listing was an error is just unfathomable when its clearly visible that this is not the company's first auction nor was the auction unaltered throughout the bidding process. If i remember correctly the reserve was changed multiple times. Also i am unamused at the answer that the dealer was closed on Easter or that all businesses are closed for Easter? Are we certain this is even a true statement? I mean some dealers are open for "Easter Specials". Secondly why would this dealer need an attorney so soon after the winning bid? Would they not just honor the bid and let the kid pay? Why would legal counsel need to be injected into this chaos of events. I said my peace and maybe it makes sense, and maybe it doesn't im on a rant! |
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