{UAH} UPDATE on UNAA Lawsuit

As I informed you before, the judge denied our motion for summary judgment because he felt there are genuine differences in facts that require further inquiry or a trial. He scheduled us for a pre trial conference in Boston (he ordered both attorneys must come to Boston for that meeting. At that meeting, he will assess what real issues remain.

Meanwhile, we filed a notice of appeal.  Our petition is now headed to the Court of Appeal. We feel that the judge errored in denying our motion because:

1. we met the requirements of the law for calling a special meeting.  The judge felt that there was genuine disoute about number of members. UNAA's leaders misled the court that UNAA had 1,359 members in 2014.  We showed that UNAA had less than 100 members and attached a copy of the list of members that UNAA's EC used. It shows when each person paid. We also presented a copy of UNAA's quickbooks records for all transactions for 2014. But they did not attach any evidence backing their position.  The law requires that if one party presents evidence that supports their position, the opposing party has to submit something (evidence or affidavit) in order to show that there is a genuine difference in facts. UNAA leaders did not present anything.

2. The law requires UNAA to show us (members) records if we demand for them.  We demanded for UNAA records but they refused to give them to us. The judge asked them if they had given us the records and their lawyer said that they promised to give them to us.  But they have never given them to us. UNAA does not show that they have ever given us the records we asked for.  They only talk of the vague summaries on the UNAA website. 

3. The 2010 bylaws/constitution are illegal.  The law requires that changes to bylaws must be presented to members in a meting prior to the one where they are voted on...i.e the 2010 bylaws had to be presented to members at the convention in 2010 and then voted on in 2011.  Instead, they were voted on in the same meeting where they were first presented.

4. the UNAA Board is illegal becuase it is chosen by UNAA leaders without a vote by members.  The law requires that members have to be given a chance to nominate/vote condidates for the board.  UNAA does not present any argument disproving this fact.

thanks

p.s we are also going to request the judge to compel Rebecca Namwase to admit the authenticity the EC list (the excel document was created by Aisha Ogwang) and the quickbooks transactions (she compiled those transactions).