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Thread: Kyron Horman's mom's civil suit against Terri Horman

  1. #226
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    Quote Originally Posted by dog.gone.cute View Post
    Good Morning,

    I was wondering if anyone may know the answer to this, as I am not familiar with Oregon laws:

    - Desiree's "Complaint" was filed with the Court on June 1, 2012.

    - Does anyone know when Terri's "Answer" needs to be filed in court ?

    - Is Houze representing Terri in this civil matter as well ?

    TIA !
    One of the early articles I read said TH has 30 days to respond. And as far as we know, Houze is still her attorney.

    Houze link: http://www.huffingtonpost.com/2012/0...n_1563986.html

    Can't find the 30 day response link quickly and I'm on my way out the door.
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  3. #227
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    Quote Originally Posted by Kimster View Post
    One of the early articles I read said TH has 30 days to respond. And as far as we know, Houze is still her attorney.

    Houze link: http://www.huffingtonpost.com/2012/0...n_1563986.html

    Can't find the 30 day response link quickly and I'm on my way out the door.
    Thirty days is correct. I have my doubts as to whether Houze will handle this for her since he is a criminal attorney and doesn't generally handle civil cases. However, since this is such a sensitive manner, he may not want another attorney--and their staff--involved. He may go ahead and handle this anyway so that he doesn't have to share information with another office. The more people who know a secret, the more likely it is to be widely disseminated.

    It could also be that he will file an answer or at least a notice of appearance, which will give TM more time to find an attorney to take over the civil suit.
    Justice is the constant and perpetual will to allot to every man his due. Domitus Ulpian

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    Quote Originally Posted by Kimster View Post
    One of the early articles I read said TH has 30 days to respond. And as far as we know, Houze is still her attorney.

    Houze link: http://www.huffingtonpost.com/2012/0...n_1563986.html

    Can't find the 30 day response link quickly and I'm on my way out the door.

    Kimster !


    I will be anxiously for her response.


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  7. #229
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    Didn't Peter Bunch also represent her? Is he strictly a divorce atty or would he have a role in the civil case?

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    Quote Originally Posted by gwenabob View Post
    Thirty days is correct. I have my doubts as to whether Houze will handle this for her since he is a criminal attorney and doesn't generally handle civil cases. However, since this is such a sensitive manner, he may not want another attorney--and their staff--involved. He may go ahead and handle this anyway so that he doesn't have to share information with another office. The more people who know a secret, the more likely it is to be widely disseminated.

    It could also be that he will file an answer or at least a notice of appearance, which will give TM more time to find an attorney to take over the civil suit.

    RBBM: That is a great point, gwenabob !

    JMO ... but the less people who know a "secret", the better it may stay a "secret" ...


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  11. #231
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    Checking in to see if there is any news ...

    Lawsuit filed June 1 ... 30 days for Terri to file response = July 1 ...

    I hope we hear something by then ...

    that Kyron is found soon !

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  13. #232
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    YouTube video about lawsuit and ways to donate to help fund the lawsuit.

    [ame="http://www.youtube.com/watch?v=2ug25tr4vcs"]Justice for Kyron Horman (PLEASE DONATE & PLEASE SHARE) - YouTube[/ame]
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  15. #233
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    Shouldn't we be hearing something from TH's attorney regarding the lawsuit? It's been 30 days during which time Terri's response was requested. Court closed on Sunday, probably closed July 4, too. Perhaps we'll learn something tomorrow or Tuesday.

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  17. #234
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    The lawsuit was filed June 1, but I haven't heard when Houze or TH were served. There is a rumor that papers were served on June 12, so a response would not be expected until July 12.

    My expectations are for hearing something sometime during the first two weeks of July.

    Expectations for learning true facts anytime soon are low.
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  19. #235
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    Quote Originally Posted by Doodles View Post
    The lawsuit was filed June 1, but I haven't heard when Houze or TH were served. There is a rumor that papers were served on June 12, so a response would not be expected until July 12.

    My expectations are for hearing something sometime during the first two weeks of July.

    Expectations for learning true facts anytime soon are low.
    According to OJIN, she was served 6/4/12. The answer will be due 30 days from that date, but with the holiday, that would mean July 5th. Don't expect a lot, folks. IF her attorney does not get an extension, I expect it will simply be a lot of deny, deny, deny.
    Justice is the constant and perpetual will to allot to every man his due. Domitus Ulpian

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    I'm glad that something is happening. With Etan Patz, it took a basement search to make someone call in a tip that might be legit- whatever happened to Kyron, someone knows. The more he is in the news, the better.

    This child haunts me. His sweet little spirit has the right to come home.
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    gwenabob is right. Most of the questions will be answered with something saying "denies allegations in paragraph number x." The only questions that will have any other sort of answer will be full name, address, etc...

    I'm not certain this suit will bring any new info to light, or even hold up, when nothing will be said. It may just be a waste of time and wishful thinking as Kyron has not been found, and there is still no evidence where he is. Perhaps they are using some cell phone records to try to get more info, I really don't know. However, with cell tower triangulations, those questions will be met with the previous answers.

    I just wish Kyron would be found.

    Unless I have included a link, it is my opinion and only my opinion that I am expressing.

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    Quote Originally Posted by 21merc7 View Post
    gwenabob is right. Most of the questions will be answered with something saying "denies allegations in paragraph number x." The only questions that will have any other sort of answer will be full name, address, etc...

    I'm not certain this suit will bring any new info to light, or even hold up, when nothing will be said. It may just be a waste of time and wishful thinking as Kyron has not been found, and there is still no evidence where he is. Perhaps they are using some cell phone records to try to get more info, I really don't know. However, with cell tower triangulations, those questions will be met with the previous answers.

    I just wish Kyron would be found.
    Desiree's attorney was pretty clear that he expected to use this as a means to subpoena documents and records and other legal means of investigating the case. That doesn't depend on Terri Horman suddenly deciding to help the search for Kyron and SAY anything in the present. I don't think a single soul expects Terri to suddenly decide to talk about the events of that day honestly.

    Also, the lawsuit put Kyron's name and face back in the media, however briefly, and even a civil court case would do the same... and I think Desiree felt like she was able to do some small thing in a positive direction after all this time, so even if nothing else ever came of this, it already hasn't been a waste of time.

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  27. #239
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    I would do anything to try and find my child. anything.

    Hopefully this civil case will bear fruit and give other parents of missing children another avenue to take in the future.

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  29. #240
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    No word yet on Terri's response to the lawsuit that was filed by Desiree on June 1?

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  31. #241
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    I believe it should be 30 days from June 12th since that's the day she was served. But who knows? We are passed that date too! I think an extreme game of cat and mouse is going to be played by each of these attorneys.

    Article saying she was served on the 12th.
    http://www.oregonlive.com/portland/i...ning_orde.html

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  33. #242
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    She was served June 4th. I looked it up in the court database. The proof of service by the Sheriff was filed on June 12th. She should have filed an answer by now, but her attorneys probably got an informal ok from DY's attorney for an extension. Now we just wait...
    Justice is the constant and perpetual will to allot to every man his due. Domitus Ulpian

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    Thanks Gwen! I wish we could see if they were given an extension and how long. Grrr!

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    Civil lawsuits take time, and we will eventually hear if the lawsuit is allowed to go forward or not. That is the next important information.

    After that, I would like to know to whom and for what Rosenthal issues subpoenas, but he might not care for me to know. LOL

    Desiree and Rosenthal want a trial for their lawsuit, and it is the trial itself that will give us information. The DA will probably receive any pertinent information he might use immediately, and the trial will provide him with more information.
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  39. #245
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    Quote Originally Posted by Doodles View Post
    Civil lawsuits take time, and we will eventually hear if the lawsuit is allowed to go forward or not. That is the next important information.

    After that, I would like to know to whom and for what Rosenthal issues subpoenas, but he might not care for me to know. LOL

    Desiree and Rosenthal want a trial for their lawsuit, and it is the trial itself that will give us information. The DA will probably receive any pertinent information he might use immediately, and the trial will provide him with more information.
    I'm not sure what you mean by the bolded portion above. The suit will go forward, and nothing can stop it at this point. It is not like there is someone checking complaints and deciding whether or not they have merit before the defendant even shows up.

    Next, we should expect an Answer, or at the very least a notice of appearance. Possibly, defendant will then ask for a dismissal, but I can't see any reason why that would be granted, so I doubt they would even try. After that, there will be the discovery phase with subpoenas and requests for production both ways. Then there will be depositions. At that point, either side can file a motion for summary judgment. The judge can grant or deny it in part or in full. If summary judgment is not granted, and no settlement is reached, then it will go to court. Multnomah County Circuit Court likes to see cases reach trial within one year, but a big case like this might take longer. I hope this helps.
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  41. #246
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    Thanks, Gwenabob!

    I meant that it would get past a request for dismissal and go forward. After that, the wait won't be so bad because we will know that something is going on with obtaining information, evidence, and witnesses that will focus on what happened to Kyron that day.

    Hopefully Rosenthal will unearth information the DA can use.
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  43. #247
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    Quote Originally Posted by gwenabob View Post
    She was served June 4th. I looked it up in the court database. The proof of service by the Sheriff was filed on June 12th. She should have filed an answer by now, but her attorneys probably got an informal ok from DY's attorney for an extension. Now we just wait...
    Gwenabob,

    I found this in the database today:

    Young Desiree/Horman Terri Multnomah 10/13/12 12:00 ICMC INIT CASE MGMT CONF 120606956 Hearing Status Check

    Could you possibly explain what it all means? I look forward to your response. Thank you!

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  45. #248
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    Somehow I got to that by putting Rosenthal in the Attorney field. It's Greek to me, of course, other than the fact the lawsuit is on a calendar somewhere.

    Looking forward to hearing from gwenabob.
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  47. #249
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    Thank you for your hard work, Gwenabob and Helenstreet.
    Barely made it through 10th grade chemistry

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  49. #250
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    Quote Originally Posted by RoseTree View Post
    Thank you for your hard work, Gwenabob and Helenstreet.
    Awww....thanks! I didn't really do much to find the entry. I am so hoping that Gwenabob will be able to explain it. She is really sharp when it comes to anything from a legal standpoint. I have the utmost respect for her. Her dedication to Kyron's case is amazing. Gwenabob, where are you?!

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