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Proviso Probe

Wednesday, July 26, 2006

DEFAM, sanctions motion arguments to be heard today

Last September Chris Welch and his brother, Billy Welch, filed defamation lawsuits against me (Carl Nyberg). See Forest Park Review (Seth Stern) for a neutral observers account.

I sought pro bono legal representation which I eventually received. Once I wasn't merely representing myself, Chris Welch withdrew the lawsuit without prejudice. This allows him to refile the lawsuits within a year. See Forest Park Review (Seth Stern).

My attorneys filed a sanctions motion contending the lawsuits were frivolous and brought for an illegitimate purpose. See this entry for expanded text of the sanctions motion.

Welch and his boss, James J. Roche, have succeeded in delaying hearings on the sanctions motion. But today is the day Judge Diane Joan Larsen hears arguments. My side filed an amended sanctions motion, Welch responded and my side filed a "reply memorandum in support of defendant's motion for sanctions".

Under Illinois law the only remedy available is to seek sanctions. And even then the only thing I can get is to have the lawsuit dismissed with prejudice (the Welches can't refile) and have them pay my attorney fees. While Latham & Watkins is representing me pro bono, if the judge were to award "reasonable attorney fees" the Welches would have to pay Latham & Watkins at the firms normal rate.

The case is scheduled for 11:00 AM so I better get to court.

posted by Carl Nyberg at 10:23 AM

17 Comments:

  • Carl,

    Good luck and all the best!

    By Anonymous Anonymous, at 11:02 AM, July 26, 2006  

  • Carl Lost! Judge agreed Welch has basis to file lawsuits against Nyberg.

    By Anonymous Anonymous, at 11:53 AM, July 26, 2006  

  • Judge Diane Joan Larsen rejected the sanctions motion in both cases.

    In Emanuel Welch v. Nyberg she found that one statement was enough of a basis for a good faith lawsuit. The one statement was not from Proviso Probe--she affirmed everything on Proviso Probe referenced in the suit was OK--but from a letter I sent to Welch's boss James Roche.

    In the letter I wrote Welch was "actively looting the district [District 209]". Judge Larsen said this statement was enough to justify a good faith lawsuit.

    I'm somewhat frustrated with the decision because it wasn't an argument made by Roche and Welch. If Roche and Welch had made the argument in their brief then my side could have responded.

    In Bill Welch v. Nyberg Judge Larsen acknowledged everything written by me was truthful. Billy Welch was indicted for drug dealing. However, the judge found it plausible that the charges against Bill Welch were dismissed and the indictment happened later without the knowledge of either Bill Welch or his attorney. And the mistaken indictment was undone without either of their knowledge.

    I continue to find this scenario implausible and contradicted by Chris Welch's behavior.

    I'll probably write more about the case later.

    By Blogger Carl Nyberg, at 12:15 PM, July 26, 2006  

  • Carl,

    I find you have no credibitlity. Can you post a copy of Welch's response to the website? I'm pretty certain that's where the Judge found the basis of her ruling because, from what I know, a Judge is constrained by the record before her. Also, it appears you never know how to agree to disagree. You always take issue with people who don't agree with you. Face it Carl, sometimes you are reckless and need to change your ways.

    By Anonymous Anonymous, at 12:31 PM, July 26, 2006  

  • Why can't we leave Chris Welch alone? Has he not suffered enough being in the proviso Purgatory?
    Why do we pick on this young,bright attorney who has dedicated himself to our youth and has worked tiredlessly for 209?
    Has he not hired enough people from Maywood and Bellwood to satisfy you HATERS? Why do you hate him so much? Is it because he has blue eyes and is light skinned?
    Is it because he rejected both Theresa kelly and Karen yarbrough's advancements,as well as Nicole Trottie and instead dated Lightford? is it because he was the prinicpal artchitect in changing the leadership at the local NAACP? Is it because he exposed the "black Hustlers"/Politicians of proviso as only looking out for themselves,aka Flowers,Briant,Baxter,kelly? is it because he fought Dan Cogliniese and Manzo? Is it because he was our only and last hope to improve Proviso????
    Chris will rise again,just like the Phoenix from the ashes to riegn once again over proviso , and this time pay back will be a bitch!!!!!

    By Anonymous Anonymous, at 12:37 PM, July 26, 2006  

  • After reading "On the comeback trail", I have decided.

    Chris Welch has bitch-like tendencies.

    Therefore I have come to the conclusion.

    Chris Welch is a bitch...

    Not payback...

    By Anonymous Anonymous, at 1:08 PM, July 26, 2006  

  • Hey carl, do you know what ever happened to the Don Sloan radio show?How about those other guys on his show, what ever happened to them?

    By Anonymous Anonymous, at 1:21 PM, July 26, 2006  

  • I think the mopes that read this website are truly in for a real surprise in April 2007. Chris Welch is much stronger than you mopes think. On the Come Back trail is right. Welch will rise again while people like Nyberg are on the way out. Look at his site. People barely participate in it any more because he and it totally lack credibility. I glad Welch kicked his butt in court today.

    By Anonymous Anonymous, at 1:30 PM, July 26, 2006  

  • To I agree:

    The only place Chris Welch is rising from...is the toilet after he finishes peeing.

    bitch-made...

    By Anonymous Anonymous, at 1:51 PM, July 26, 2006  

  • I believe that the only way Welch will be ressurrected and supported is if and when he breaks from his previous mistakes of supporting and advocating for such losers as Brian cross and Don Sloan. If he shows remorse for his actions of supporting those two losers and lazy,back stabbing bums, he can be redeemable.
    Welch hired sloan's and crosses guys in 209, now it's time for him to show the world, that he has changed and get rid of those two guy's bums!

    By Anonymous Anonymous, at 1:56 PM, July 26, 2006  

  • Carl's only enemy is himself. For some reason Carl has decided that he will now be the social concious of the western suburbs and the world for that matter.

    And of course when something doesn't go his way he crys foul.

    Sorry Carl, I think the judge made the right and correct decision as they should. You were wrong.

    By Anonymous Anonymous, at 5:30 PM, July 26, 2006  

  • Chris Welch and his allies crying out in pain say,

    Watch my life,
    Pass me by,
    In the rear view mirror
    Pictures frozen in time
    Are becoming clearer
    I don't wanna waste another day
    Stuck in the shadow of my mistakes


    Cause I want to be 209 board president and state rep. and the white man's boy,
    And I feel Proviso voters don't want me anymore and that's
    Crawling underneath my skin
    Like a hunger,
    Like a burning,
    To find a place I've never been
    Now I'm broken,
    And I'm faded,
    I'm half the shemale I thought I would be:
    But you can have what's left of me

    I've been dying inside,
    Little by little,
    No where to go,
    But going out of my mind
    In endless circles,
    Running from my self until,
    You gave me a reason for standing still

    It's falling faster,
    Barely breathing,
    Give me something,
    To believe in
    Tell me: It's not all in my head

    Take what's left
    Of this shemale,
    Make me whole
    Once again and let Gene make love to me again

    I've been dying inside you see
    I'm going out of my mind
    Out of my mind
    I'm just running in circles all the time
    Will you take what's left
    Will you take what's left
    Will you take what's left of me?
    Just running in circles in my mind
    Will you take what's left
    Will you take what's left
    Will you take what's left of me?

    By Anonymous Anonymous, at 11:06 PM, July 26, 2006  

  • Hey on the comeback trail,time for your happy pills because you are one dumb ass.

    By Anonymous Anonymous, at 8:08 AM, July 28, 2006  

  • No commenting on the sex lives of public figures without it being directly relevant.

    By Blogger Carl Nyberg, at 6:07 PM, July 31, 2006  

  • You people who post these blogs are pitiful! You simply have nothing better to do but impose slander on the Proviso Probe. Who really cares what you have to say and/or the insults you post. What is your purpose? You choose your identity as either "Other" or "Anonymous"...what are you hiding from. Post your real name. Can I read the Proviso Probe at least once, without having to read about foolishness. I would like to be informed on the positive aspects of Proviso Township. I am simply tired of petty, foolishness behavior. Grow up!!!

    By Anonymous Anonymous, at 10:50 AM, August 01, 2006  

  • Well Kaleb Karrington...

    Why don't you lead by example and write something positve.

    If you can't...then forever hold your peace...

    By Anonymous Anonymous, at 12:29 PM, August 01, 2006  

  • Hey,on the comeback trail you are one stupid s. o .b.

    By Anonymous Anonymous, at 9:47 AM, August 03, 2006  

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