NMHS ATHLETIC BOOSTER CLUB LAWSUIT UPDATE

December 11, 2013

Newark, CA – NMHS BOOSTER CLUB LAWSUIT UPDATE- It has been a little over 6 months since the case against Stacy Kelly and the Newark Memorial High School Cougar Booster Club (Snyder v. Kelly, Superior Court of California County of Alameda, Case No. HG13684732) was commenced by Newark resident and parent, Jennifer R. Snyder. The case, in brief, involves Ms. Kelly’s unilateral, and under guise of Booster Club authority, exclusion of Snyder from membership to the club after the latter made repeated requests to open the books of the club, and demanded transparency and accountability in handling club finances.

Upon Ms. Kelly’s initiative, Attorney Anastasios G. Konstantin was hired to represent her in the lawsuit. Without the consent and approval of the Booster Club membership, the same attorney was hired by Ms. Kelly to represent the club. Ms. Snyder has communicated with Atty. Konstantin about the possible breach of law regarding representation of an organization without the required membership approval; however, her claim has been ignored.

Attorney Konstantin represents that his hourly rate is $250. As of date of this post, Atty. Konstantin has filed and/or served various pleadings and motions on behalf of Ms. Kelly and the Booster Club, including but not limited to: Demurrers (4), Motion to Strike (1), Requests for Judicial Notice (2), Non-Receipt of Opposition to Demurrer and Motion to Strike (1), Declaration in Opposition to Ex Parte Application (1), Supplemental Declaration in Opposition to Ex Parte Declaration (1), Motions for Sanctions (2), Reply (1), Objection (1).  All of which, with the exception of the ex parte,  were decided in favor of Jennifer Snyder.

In the most recent pleading, Atty. Konstantin claims to have spent three lawyer hours and three paralegal hours working on a Motion for Sanctions, entitling him to a reasonable fee of $1,830. Note that this amount is for only one pleading preparation. Atty. Konstantin has now prepared and lost on most of the more than a dozen pleadings for Ms. Kelly and the Booster Club.

Shockingly, Ms. Kelly is paying for her defense out of Booster Club funds.   It is believed that Ms. Kelly has spent close to $10,000 of Booster Club funds on her defense. The right to defend oneself from a law suit is indisputable. However, this suit is being defended only on the basis of keeping one parent out of the Booster Club. Undeniably, the high cost of this present litigation at the Booster Club’s expense is certainly not in its best interests. The Booster Club’s funds are supposedly and primarily to support Newark Memorial High’s student athletes.

Public awareness of this case through this [post/media advisory] aims to kick start local grassroots effort(s) to reform the current Booster Club and hopefully instill a sense of responsibility and reliability in our local non-profit organizations in Newark.