As Prelude to Default Judgment, $825,000 "Statement of Damages" Notice Served on Attorney for Canadian Developers, Theresa Keeping and Dale Merkel, in Children's "Wish" Charity Fraud/Conspiracy Case

          As a result, Canadian process server, William Earle, served an $825,000 "Statement of Damages" notice upon Keeping and Merkel's attorney, Greg Moores, during his 8/27/2013 afternoon appearance at the Supreme Court building in Newfoundland and Labrador.

          According to Earle, and purportedly witnessed by three Sheriff's Deputies and another attorney,  Moores "was argumentative ... attempted to resist service of process ... and demanded to know how I knew about his court appearance date."  

          Earle said he told Moores, "As an attorney, you and I both know that you've been properly served, and it doesn't matter how I knew you'd be here to do it."         

          As the above provided link will reveal, this copy of the $825,000 "Statement of Damages" explains:  $50,000 for General Damages, that being the amount of non-reimbursed money defendants' fraudulently induced plaintiff to provide on their behalf;  $25,000 for Compensatory Damages, that being expenses incurred, or to be incurred, including case-related costs and lost employment revenue from February 6, 2013, to date of Default Judgment or at time of trial; plus,  $750,000 for Exemplary/Punitive Damages, that amount being the 10x the total of General and Compensatory Damages.

          [Exemplary/Punitive Damages is an award intended to "penalize a party, and to deter others, for acting with fraud, oppression, or malice against another."]

          The question now is whether or not Keeping and Merkel will continue to evade and disregard the litigation proceedings, refuse to communicate and, by omission, reject any of the proposed settlement offers whereby allowing this case to be determined by Default Judgment!?

           My preference was, and continues to be that:

                  1.   Keeping reimburse the $50,000 as promised, plus $25,000 for case-related costs, including lost employment revenue; and

                  2.   Keeping make good on her initial $1.5MM support commitment with the condition that, within three years after the WishCruise Navy flagship has been completed, Keeping's financial contribution will be repaid in full!

          Alternatively, I'd prefer Keeping and Merkel timely file an Answer to the charges against them versus my getting a Default Judgment award.

          That's because truth and integrity are important issues in this case, and the litigation process would allow video-taped, under oath depositions to be taken; by Court Order or Subpoena, I could obtain bank, business and personal fact-confirming documents; and both Keeping and Merkel would be required to testify under oath during a public trial.

           Maybe the Statement of Damages notice will be the necessary "wake-up" call and, if not through litigation participation, at least open the door to productive settlement communication.

          Keeping and Merkel have 30 more days to respond to the Statement of      Damages notice which, if not timely received, will result in the filing of a Notice of Default, then a Request for Default Judgment for the stated $825,000 damages, or such damages the Court deems appropriate given the circumstances involved.