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NorVergence—“Us” versus “Them”
On Wednesday, September 1, 2004, an Order to Show Cause For Temporary Restraints to stop the leasing companies from enforcing the leases or prosecuting filed individual actions was filed on behalf of the class action. The 26 defendant leasing companies were then served with the amended complaint and the Order to Show Cause. The amended complaint includes a representative plaintiff for each leasing company named. On September 2, 2004, the Honorable Robert A. Coogan, New Jersey Superior Court, Monmouth County, ordered a hearing date for the Order to Show Cause regarding plaintiffs request for a preliminary injunction for Friday, October 1, 2004 at 2:30PM. On September 16, 2004, Defendant IFC Credit Corp. removed the case to federal court, the United States District Court for the District of New Jersey (Trenton Division). Plaintiffs then re-filed their Order to Show Cause on September 23, 2004 in federal court. A new hearing date has been scheduled. An Order to Show Cause hearing regarding plaintiffs request for a preliminary injunction has been scheduled for Monday, November 1, 2004 at the United States District Court for the District of New Jersey (Trenton Division). MICHAEL SCOTT GREEN, ESQ. With Temporary filings to cause “restraints,” attorney generals in various states have also subpoenaed leasing companies with subpoenas to stop payments in Florida and Illinois, with other states reportedly to follow. Attorney Michael S. Green said, “The class action is being represented on a contingency fee basis, there is no retainer fee. If we are successful in the class action litigation, we will make an application to the Court for attorneys' fees and expenses, which are typically paid out of a settlement fund or judgment collection which is paid by the defendants. Such a fee is first passed upon by the Court which must approve all fees and expenses paid to counsel in a class action. "If a settlement is reached, Class Members are afforded the opportunity, at that time, to consider their options and opt-out, if they so desire, to pursue an individual claim." The web site www.njnorvergenceclassaction.com will be posting a list of a network of attorneys in key states that is accepting the defense of individual cases already filed by the leasing companies against putative class members, while the class action continues to litigate. The list of attorneys in the two NorVergence class action suits, and those being recommended by the Telecom Agents Association, seem This is from the Telecom site: “How To Pick A Lawyer - The following information is not legal advice just "business owner to business owner" information. Discuss this information with a lawyer before making a legal decision. “Two separate legal co-ops have independently studied the whole Norvergence/leasing company situation and have pretty much reached the same conclusion - the most economical way to legally get out of the Norvergence rental agreement/equipment lease is to (a) not get sued for default by continuing to pay the leasing company, and (b) sue the leasing companies through a group legal action. The thought process behind this conclusion is as follows. “First, whatever the amount of money that needs to be paid per month by an ex-Norvergence customer to avoid getting sued by the leasing company is much less than the cost of being sued by the leasing company from a distant state. Second, to have a judge decide that the whole Norvergence situation really was a "Ponzi scheme" such that the leasing agreements are invalid, the "whole Norvergence story" must be told in a courtroom where the judge is actually interested in the whole story - not just the small part of the story the leasing company wants to tell in their "nuisance lawsuit". To get an objective hearing of the "whole story" both legal co-ops have endorsed the idea of "going on the offense" by suing the leasing companies as a group through one of several group legal actions that have formed - see www.NorvergenceClassAction.com. “That being said, many ex-Norvergence customers elected not to pay their leasing company and were sued for default in a distant state. For these people who need a "defensive" attorney the NCLC has listed on this page both attorneys by state and by leasing company who are familiar with the Norvergence situation. When speaking to these prospective attorneys you may wish consider the general philosophies of "offense vs. defense" that other ex-Norvergence customers have discussed with their attorneys and each other through the two legal co-ops.” In the classified ad posting of finding an attorney, three have In trying to find a referral directly, specifically for the complaint A listing of attorneys, actions, and other recommendations by the Telecom Agent Association may be found at: |
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