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Steve Brophy of APS & Associates is finally legally served by Sound Choice only after Service By Publication in Arizona Newspaper.

http://www.lawsuitdata.com/lawsuit-data ... l/summary/

So what do you think will come next, an answer from Brophy, or a default judgement?

We shall see.

Here is the newspaper publication for reference:

www.publicnoticeads.com/AZ/search/view.asp?T=PN&id=29\10032013_20662468.HTM

_________________
-- Mark

Ok I Googled the guy and his company... What is this all about???
He runs a security service???

http://apsprotection.com/brophybio.shtml

Fake site full of broken links..

Sound Choice hired APS & Steve Brophy as the investigators on the California & Nevada lawsuits. APS in turn hired Donna Boris as attorney to file these cases. The lawsuit against APS is for breach of contract.

http://www.pdf-archive.com/2012/12/21/c ... -12-18-12/



It's not fake. This is APS's site that I've known for years. However, it may have been abandoned. I don't know.

_________________
-- Mark

The broken links I saw were for the Gov..

Normally they do not break links..

This could turn into a very interesting mess. With the understanding that I couldn't care less about APS ( and certainly hope they take a beating simply because of their actions in regard to SC customers), if mis-handled, this suit could actually come back to bite SC, even if they win whatever monies they are suing for.

It'll be a fun read no matter what.

_________________
"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

On a side note, another unhappy Donna Boris client posting recently that Ms. Boris doesn't return calls...

http://www.avvo.com/attorneys/90210-ca- ... tml#355917

_________________
-- Mark

It looks like Steve Brophy & APS will lose to Slep-Tone due to default.

http://www.lawsuitdata.com/lawsuit-data ... l/summary/

I wonder where Mr. Brophy is hiding?

_________________
-- Mark

Talk about beating a dead horse, how many times have we gone over this Brophy story? It has been said that I don't let go of things, seems like I'm not alone on that score. It never gets any better with the telling, the chances of SC recovering anything from this seemingly dead in the water company are rather slim, to say the least. If I were trying to help SC Insane I would be reluctant to keep reminding hosts that it was SC who originally hired APS, who hired Donna. At one time APS had an exclusive contract to represent SC in their legal recovery process. Which has been described by CAVS as legal racketeering.

Since SC hired this company to represent them, they are also responsible for any problems this contractor and their subcontractors created. It was these hired agents that supposedly ripped SC off for over $200,000.00. It was also APS that has failed to produce any documentation concerning the alleged investigations, which most likely were never properly conducted. They failed to produce this evidence even though they stood to collect a percentage of all monies recovered. This leads me to believe there never was any real investigations done at all, suits were filed on the principal of throwing stuff at the wall and seeing what stuck. They were using the threat of a legal suit to obtain cheap settlements where they would not have to appear in court. When that failed they simply had the cases dismissed and then refiled in an effort to wear down defendants with the legal process. After all like Kurt says "suits drive sales".

It is most likely SC will never see a dime from this legal suit of theirs. All the defendants have to say is it all was part of the cost of recovery, and all they took were fees they were entitled to. See how SC likes having things drug out in court, only to end up with legal fees and an empty sack. The money that was taken is long gone, SC needs to deal with it.

After skating and dodging service, Brophy now answers with a motion to extend time to answer?

What a con man.

http://www.lawsuitdata.com/lawsuit-data ... l/summary/

_________________
-- Mark

He's in good company.

Yup, doesn't matter which of these two irritants win or lose. Like I stated earlier, both deserve a loss. The only sad thing is that one won't lose.

_________________
"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

UPDATE:

Brophy files countersuit and SC answers.

Also it looks like the case is gearing up for the discovery phase as a planning meeting is ordered under Rule 26(f) -

http://www.lawsuitdata.com/lawsuit-data ... documents/

_________________
-- Mark

Is this what happens when birds of the same feather, turn on each other?

Nobody cares about this.

If you care so much about this case Insane, how about posting the actual counterclaim cheapskate so we can all see what SC will be having to defend.

Brophy's counterclaim is against Slep-tone, Kurt Slep and James Harrington for breach of contract and fraud to the tune of about $300,000 plus punitive damages. I can see why Insane would not want to share it. In part, Brophy alleges:

12. 11. On or about April 21, 2010, Slep proposed to Brophy that Brophy conduct the
12 investigations for a percentage of the amounts recovered from KJs. Slep
13 offered to allow Brophy to manage Slep-Tone's investigative, negotiation and
14 litigation efforts (by acting as Slep-Tone's agent for purpose of hiring attorneys
15 and agreeing to settlement terms with KJ Infringers, subject to guidelines
16 established by Slep-Tone).

Hmm. Is it OK for a lawyer to share fees with a non-lawyer?

17 13. On or about April 21, 2010, to persuade Brophy to agree to perform the
18 investigations for a percentage of the recovery Slep stated to Brophy that
19 approximately 80% of all KJ Infringers entered into a settlement with Slep-Tone
20 after being notified of the infringing conduct and without the necessity of any
21 litigation being filed, and that the average amount of the settlements was
22 $14,000. At the time Slep made these representations, he knew they were
23 false. Brophy did not know the representations were false, and had no reason
24 to doubt the truth of Slep's statements, particularly since Slep's representations
25 were confirmed by Harrington.

If true, seems to give credence to trolling for settlements.

And it goes on:

15. 3. Harrington has a pattern and history of filing fraudulent claims and assisting
4 various clients in furthering fraudulent claims. Upon information and belief,
5 Harrington assisted Mario Guess ("Guess") in defrauding millions from
6 businesses and individuals seeking private financing from a private equity firm
7 that Guess operated a website for. Upon information and belief, Harrington
8 conspired with Guess to provide letters of intent to loan applicants (which
9 Guess had no intention of funding) which letters required a deposit by the
10 applicants of an origination fee to the equity firm prior to funding being
11 completed. The letters of intent contained a condition that applicant's pass an
12 investigation and that if they did not pass the investigation or any of the
13 information provided was determined to be false, the deposit for the origination
14 fee would be forfeited. Upon information and belief, Harrington conspired with
15 Guess to fabricate reasons for subsequently denying the loan and retaining the
16 loan origination fee without providing the funding. Upon information and belief,
17 Harrington conspired with Guess to defraud applicants of millions of dollars.
18 16. Another incident where Harrington used the courts for a wrongful purpose
19 resulted in discipline by the North Carolina Bar. Harrington and his law partner
20 Glenn Cipriani used confidential client information which Cipriani had acquired
21 in a prior representation to file a lawsuit listing Harrington and Cipriani as co-
22 plaintiffs in a claim for false marking. The North Carolina Bar found that Cipriani
23 had used the confidential client information to file a suit for Cipriani's and
24 Harrington's personal benefit and thus ordered discipline. A copy of the North
25 Carolina Bar's Findings and Order is attached as an exhibit.

Slep-tone threw attorney Donna Boris under the bus a number of times. This next passage is interesting. I wish Judge Wright had heard from Brophy before issuing his order that Slep-tone had engaged in bad faith and was trolling for settlements.

26. After entering into the Agreement, Slep-Tone, Slep and Harrington repeatedly
26 interfered with the performance of the Agreement by APS and breached the
27 terms of the Agreement. Examples of the interference/breaches include, but
28 are not limited to: (1) refusing to provide information to the attorneys hired to
1 prosecute cases by APS on Slep-Tone's behalf which they needed in order to
2 respond to discovery, or only agreeing to provide information after extended
3 delays; (2) Slep and Harrington (as general counsel for Slep-Tone) insisted that
4 the attorneys prosecuting the cases assert objections to all discovery and
5 refuse to provide information;

And on it goes . . .

Saved, printed, and filed. While I wish BOTH parties could lose (kind of like a battle between Freddie and Jason ), there is no such thing as useless information.

My thanks.

_________________
"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

There must be some mistake SC and Jim would not engage in such practices, would they? After all they are purer than the driven snow, aren't they? So everyone is pointing the finger at each other, and both sides have counter sued for $300,000.00. It would seem APS has answered SC's charges with charges of their own. Makes you wonder who is worse the pirates or the pirate chasers. They always say" you have to get a thief to catch one".

I appreciate the info. I caution everyone to maybe hold off on slamming. It's an ongoing case and I would bet SC or James can not comment or defend themselves here. That's not a fair fight.