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Legal Document

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I have the document.  If you want a copy, please send me an IM with an e-mail and I'll get it to you.

I see a PDF of the first 11 pages on the WVCDL Facebook page, but not the whole filing.  Am I missing something?

It is available on the WVCDL facebook page as well.


Total BS that they are asking for personal information.

If they have issues with noise levels and hours of operation they should have spoken with the range first, before filing suit.

No it looks like that is all that has been posted there.

Good shoutout from Allen B West on FB about Peacemaker and assault on 2A.

If this is the range I think it is they get everything they deserve.  You should read the stuff they do to members.

Please, enlighten us.
The range is awesome and all the people I meet were no different.

Go ahead and provide any link or any firsthand experience you have.

You're thinking of the jerk who has the range further west.

The hubby is a member at PNTC and has no complaints.

Type the range name into Google and do a search.  I want to verify before posting more.

4.2 starts. People bitched about no steel core and leaving their driver license at the range. A change of price on a rental gun.

I made a call and the range with issues is nearby and not these guys .  I hate to see a range take a noise complaint since those are such crap.

The bitching I found when I googled was the ban on use of .50's and how they run matches

What is relevant is the release of thousands of peoples private information and an attack on 2A rights.

We are laser focused on the unjust actions taking place that will ultimately knock a hard blow to gun rights all over the country.

Jeez, this is on the WVCDL's Facebook page (the hearing was today btw):

"There is a fee petition hearing in the Honorable Judge Gray Silver's chambers in Berkeley County Circuit Court in Martinsburg WV at 1:30PM Monday March 20th 2017. The plaintiffs have entered a fee petition demand which will potentially require PNTC to pay the plaintiff attorney fees because PNTC argued and is being "be compelled" to release member, training, ATF, NFA, competition, and or other sensitive customer information. This hearing is open to the public."

The plaintiffs want to force PNTC to pay their legal fees because PNTC dared try to protect their members' personal information.

Ah ok.
They are stupid.
Sucks we have to fight this.

What more could there be to a noise complaint that would justify being forced to hand over tax records of a third party?

VCDL needs to join in with WVCDL since the range straddles the state line.

Read Allen West, cannot take away the guns, cannot take away the ammo, normally cannot limit the noise, but if a crack develops, where noise is an issue, they can take away places to shoot and intimate people from going to ranges.

It's more then not shooting .50 or Coles way he runs the range, its looking for a crack.  Note shooting on your own land doesn't solve it if they can get noise ordances overturned or passed.

Why wait?  How about a machine gun shoot fundraiser this summer?  I'll bring the M2.  If the Goldsteins want to complain about noise, we can make some!

Grab the guys with DNA and both bring some toys

Your NAME has NOTHING to do with it and you KNOW it wasn't intended in the way you tried to spin it Friendo. Just Wow.

I tried.  My inbox is full so I can't send messages.  Deleted 3 pages worth, and still can't send b/c it's still full.  

Sometimes you have to also empty your trash folder for space to be freed.  It appears the 11 page document may not be anything new, if you already have that document.

Unintentional double tap.

Ok that worked.  IM sent.

Document sent.

Ok, I looked at it.  Yeah, only 11 pages.  Basic nuisance tort claim.  They lived on the property since 1976.  Hearings on the range application took place in 2010 and certain hours of operation were promised as well as decibel levels, and apparently they have evidence that those have not been followed, and now the situation is "unreasonable".  They may be using customer information to look for evidence of "unreasonable" operation, such as outside of the promised hours, etc.

I'll try to get a copy of the protective order and see what it says.

Well... crap.
https://www.law360.com/articles/903581/insurer-wants-off-the-hook-in-firing-range-noise-suit

Insurer Wants Off The Hook In Firing Range Noise Suit
By Ryan Boysen

Law360, New York (March 20, 2017, 5:16 PM EDT) -- Insurer Liberty Corporate Capital Ltd. asked a West Virginia federal court Friday to let it off the hook in a noise complaint suit against a firing range it insures, saying the range’s policy doesn’t cover that type of suit.

Liberty says the policy issued to the Peacemaker National Training Center LLC covers only property damage, personal or advertising injury and that a noise complaint suit doesn’t check any of those boxes. Furthermore, since the suit brought by Ben and Diane Goldstein is primarily seeking an injunction,...

Man that's not good at all.

Made the local paper today. Nothing really to add that hasn't been posted already. I'm kinda looking forward to a call from the lawyer just to tell them to go #%#^ themselves.

http://www.journal-news.net/news/local-news/2017/03/gun-range-sued-by-neighbors/

People, thanks for any help.  I am a member.

My wife did a little research and she thinks they are trying to set up a housing development.   A range would be bad for that.  

A lot of people work in DC and commute.   That area is fairly close to a train that runs all the way to DC.  Traffic is bad, even where I live, some 40 or so miles from DC.  So it is possible they want the land and are trying to steal it legally.

This will set a bad president for the rest of the country.   Buy land around a range and then put it into bankruptcy with lawsuits.   Perhaps even take the land in lieu of lawyer fees.  They would probably get support from the anti-gun crowd.   This stinks bad.

The reason they want the private info is so that they can determine if more shooting is being done than before.  The WV law is poorly written, IMHO.

I pulled the docket sheet from the clerk's office today.  It is 6 pages long.  This case has been litigated since September of 2015.  It looks like the WVCDL filed a motion to intervene on 3/17/17.   Looks like there has been a lot of fighting over discovery.

Can you scan and host the file somewhere?

Yeah.  I'll have to do it tomorrow.

From the thread in the WV HTF:
http://webcache.googleusercontent.com/search?q=cache:AReekCQfIKsJ:www.berkeleycountycomm.org/sharedimg/pdf/minutes/1397.pdf+&cd=1&hl=en&ct=clnk&gl=us

http://webcache.googleusercontent.com/search?q=cache:zLksOd2N3VEJ:www.berkeleycountycomm.org/sharedimg/pdf/minutes/1401.pdf+&cd=2&hl=en&ct=clnk&gl=us

Tried to embed it.  Here is the link.

Any updates?

This was posted in the WVCDL Facebook group today:

4/10/2017 UPDATE ON PEACEMAKER NATIONAL TRAINING CENTER LAWSUIT

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Many of you have been following the “nuisance” lawsuit filed by a California tort lawyer against Peacemaker National Training Center in Berkeley County (Civil Action No. 15-C-520). As you might recall from our prior email address, WVCDL has been closely monitoring this case. In fact, when an expansive discovery request was granted by Berkeley County Circuit Court Judge Gray Silver, which threatened to turn over reams of sensitive and confidential information pertaining to customers and guests of Peacemaker National Training Center, WVCDL filed a “Motion to Intervene” on behalf of our many members who have trained at the facility and all gun owners throughout West Virginia. This motion sought to further challenge the discovery order in this case and in doing so prevent future parties from attacking the sensitive data of other West Virginia range facilities and/or firearms dealers.

In the interim, we worked very hard to get SB575, which protects West Virginia range facilities against these type of civil suits, through the legislature and onto the desk of Governor Justice. While our Motion to Intervene was filed before the Court as early as mid-March, we still have yet to be granted a hearing on it (which is unusual). In fact, it is our understanding that pursuant to the discovery order issued by Judge Silver, the plaintiffs have begun to search through some of the sensitive data.

Today, we received word that Judge Silver has recused himself (withdrawn from the case and assigned it to another judge). The judge cites some negative attention from gun rights advocates as his reasoning but it is also certainly interesting to note that this recusal motion was filed on 4/4/2017 – the precise date that the Senate concurred with the House and passed SB575.

It is our position that this lawsuit as a whole is baseless under West Virginia law and without merit. Furthermore, we continue to strive to protect the personal confidential information of West Virginia gun owners. Our fight to defend firearm rights does not end with the legislative session wrapping up. It is a year-round struggle and one that spans all fifty-five West Virginia counties. Given that hearings in the Peacemaker National court case are open to the public, we may be asking members to attend if they are able to do so.

Please stay tuned for details. In the meantime, please call Governor Justice at 304-558-2000 and ask that SB575 be signed into law. Thank you all for your hard work and continuing efforts.