Re: Lawsuit Against NTSSA Board Member David Arciniega & Garland

[Guest]

David Arciniega playing musical attorneys and refusing to turn over discovery has dragged this case out for months longer than necessary. David Arciniega's antics have led to the trial date being reset 3 times:

1/4/2016
5/2/2016
10/31/2016
2/6/2017

Awwww man... and I SOOOOOO wanted to show up to the trial on Halloween dressed up as someone who cares. Total buzzkill.

[scrappy]

go away... please just go away....

Soccer is corrupt from top to bottom.  Why would we all not fight hard to see it cleaned up and run honestly?  Do you want coaches and families to continue to leave the sport?

show us evidence of this mass exodus of coaches and families leaving the sport of soccer...in club soccer i'm not seeing it "Yet"

[FC1]

I reviewed the paltry discovery turned over.  David Arciniega is still hiding mountains of discovery and lying about the existence of other discovery that I have the other end of the e-mails for and can prove exist.  Even discovery that he agreed would be turned over was not produced.

The hearing for the Motion to Compel is in 2 weeks.  Do I really have to subpoena board members to find out if they or their lying president, David Arciniega, is behind these continuing dirty tactics?

https://www.scribd.com/document/318211549/Dobrott-vs-David-Arciniega-Garland-Soccer-Motion-to-Compel

David Arciniega is still months later hiding all of the financial records.  What really happened to the charity's missing money?  Why are a youth charity's financial records secret when they are supported by tax dollars and the hard earned money of local families?

An appropriate question here... Why do you want to be paid $100K + with tax dollars and the hard earned money of local families? You know or should know that insurance will not fully cover the judgement should you win. The money will come from somewhere.

[Soapboxmom]

David Arciniega is required to turn over Jevin software records that will allow us to calculate the exact player numbers in Garland over the last ten years that he has been in charge.  He is continuing his antics and has not turned over a shred of that kind of information either.  Dozens of discovery requests have been answered by David Arciniega (it so appears) and are lie-filled responses saying that responsive discovery doesn't exist or were to be turned over and were not produced.  Ridiculous!

The members of this public charity have a right to know how the numbers are trending and certainly the leadership should be surveying the coaches, players and parents to see if they are serving them well.  As we already know the numbers in Garland have been plummeting, that should be thoroughly investigated and any and all issues addressed and problems resolved.  

Who would have guessed that Garland Soccer and now his new haunt, NTSSA, would be turned into secret societies?

[Soapboxmom]

An appropriate question here... Why do you want to be paid $100K + with tax dollars and the hard earned money of local families? You know or should know that insurance will not fully cover the judgement should you win. The money will come from somewhere.

The insurance will fully cover this with possibly the notable exception of the NTSSA attorney debacle (which I assume the board will demand full documentation on and properly inform the member coaches and families about.)  One time I was sued, I used my personal attorney just until the insurance attorneys could step in and take over and the insurance reimbursed that completely.  So, that money wasted on the NTSSA attorney is quite a mystery.  

Plenty of folks in Garland knew I was going to file suit and I took their advice and sent NTSSA and GSA a warning letter.  They refused to follow their by-laws and give me hearings I was due or to investigate missing money and other very serious issues.  I had no alternative but to file suit.  Soccer is in crisis and we must all stand up and demand that things be changed and that there be full accountability so no more David Arciniega's can come in and decimate local groups as he has done.

What makes you think the insurance wouldn't cover it fully?  And, what other options did I have to get vital issues addressed?

[FC1]

As someone else mentioned, its probable that GSA will have an indemnification clause to not be held liable due to malicious actions by board members. Is GSA a non profit? If so, their insurance more than likely is only covering injuries that exceed NTSSA insurance guidelines. I could be wrong, but I don't see insurance covering this. A likely scenario, should you win, GSA pays the judgement, then tries to collect via a separate lawsuit against your BFF.

If your intentions are not driven by dollars, why not run for election on to the board? They do have elections, right? Surely if they are as corrupt as you claim it would not be hard to get individuals to join and run for other officers positions.

Another question, you may have answered this, but how is your bff forcing them to use Jevin? Does the board not vote on those decisions?

[Soapboxmom]

I am buddies with several attorneys and have been in insurance suits due to my blogging about financial fraud.  The insurance will pay everything guaranteed.  Though David Arciniega is clearly lying to the insurance attorney and some of his acts could possibly be considered outside of his board duties (harassment) and as intentional acts, the bar is so high the insurance company very rarely refuses coverage to dirtbags like Arciniega, because they get sued themselves for denying the insured coverage.  The insurance company is in charge of this ridiculous fiasco and as Arciniega is losing round after round, he will soon be forced into settlement as the insurance company is carefully watching its dime!

The elections have been dirty for years.  The board members do whatever dirty tactics needed to keep themselves in office.  Remember all the referees walking in with proxies that were told to vote for Kim Verity in 2010 and 2012?  Then the No Confidence petition and public lynching David Arciniega orchestrated against me because I dared to speak for another candidate for president in 2013 that was far more qualified.  

At many Garland meetings where there is voting, a quorum of 10% of voting members is barely reached.  There will be something like 12 coaches and about that many directors.  The coaches feel that their vote doesn't count, so they don't bother to come to meetings anymore. NTSSA was asked to investigate the dirty elections and as always ignored the request for help.  

Arciniega lies to the board and says we can't look at other software options because he claims (falsely) that NTSSA is looking at changing (remember the Affinity rep at the 2014 AGM?) and we must do what they do.  Or, if you look at other software you get publicly attacked and told to stick to U6 things like I was and he claims no other software does what Jevin does so GSA cannot change.  

One brave coach asked at the last coaches meeting why they were using that crappy software and then bringing coaches up on charges for having select players on rec teams when using Gotsoccer like everyone else would catch these second registrations.  Arciniega blew that him off.

The GSA board votes are usually nothing more than rubber stamping whatever Dictator Arciniega wants.  Anything that is not his idea is pretty much shot down and not even discussed.  US Youth needs to follow its by-laws and do a thorough investigation and clean up this horrific mess that Arciniega created.

[FC1]

I still dont get it. If he is as bad as you state, why can't you or someone else unseat him? Your reasoning does not hold water. It seems like either you are wrong about how people feel about him, or wrong about him in general. Why would people continually support someone they can not stand?

[Zizou]

He is the only one willing to do that job. No one else wants that mess.

[setplay]

Sepp Blatter available. Y'all can get him for free I think he owes like 10 million hours of community service.

[nolanryan]

There is a lot of talk on this thread about who will pay.  Garland or an insurance company.  I've been in the insurance industry for a while and here is my opinion on coverage:  

If Garland only has standard general liability insurance, then any act of crime or intent will be excluded and Soapbox mom will get her money from the citizens of Garland.  Standard GL covers property damage or bodily injury. If Garland has Fidelity Insurance, then and only then might it kick in.  Hopefully the town and association have coverage.  If they don't, then it will be an uphill battle.

[soccerjack]

The main thing here is to get soapbox paid for all her hard work....where the money comes from is irrelevant.

[Soapboxmom]

There is a lot of talk on this thread about who will pay.  Garland or an insurance company.  I've been in the insurance industry for a while and here is my opinion on coverage:  

If Garland only has standard general liability insurance, then any act of crime or intent will be excluded and Soapbox mom will get her money from the citizens of Garland.  Standard GL covers property damage or bodily injury.  If Garland has Fidelity Insurance, then and only then might it kick in.  Hopefully the town and association have coverage.  If they don't, then it will be an uphill battle.

The City of Garland is not involved in any way with this litigation.  NTSSA uses Pullen Insurance and they provide coverage for this as part of the fees paid in to them by local associations under their 501 c 3 umbrella.  GSA directors are indemnified and David Arciniega is claiming that all of his antics including harassment, financial documents being kept secret, bylaws and state law flouted and the other numerous other issues are based on his duty as an officer of the non-profit corporation.  Of course, it is obvious that GSA is not run as an open and transparent charity, but rather as David Arciniega's dictatorship.

When I was a director, David Arciniega had insisted on keeping a director (Crystal Martin) who couldn't drive and depended on her husband ( Stephen Luke Martin) a registered sex offender with a child victim as her chauffeur.  I reported this level II offender and his wife to NTSSA as she was allowing him to handle rosters and other records concerning children and he was around the hotel, library and other meetings without their children attending. David Arciniega and NTSSA ignored the whistleblower policy and outed me to this possibly dangerous felon.  

The Martin's house mysteriously burned down for the second time in 14 months after I was outed and I then get a call from a Garland fire investigator that I must take a polygraph as I was suspected of arson in that case.  I only knew those lunatics as we were fellow directors on the corrupt Garland board.  Arciniega kept her on for months more while I was being harassed and couldn't say a word about the felony investigation into the fire that was in progress.  I battled NTSSA and Pullen Insurance and could never get an attorney.  Needless to say, I never was polygraphed, but the investigators were able to tell the sleazebag Martins that I was willing to come in and do whatever was necessary to help law enforcement in hopes that would get a confession it seems.  Arciniega doesn't care one iota about the safety of Garland's kids. Pullen insurance was a nightmare to deal with. I hope no one else in NTSSA has to use it!

[Soapboxmom]

The main thing here is to get soapbox paid for all her hard work....where the money comes from is irrelevant.

I want the corrupt people in GSA and NTSSA held accountable and removed. I want full transparency. No more hidden financial records, child safety issues addressed and by-laws and state laws followed.

[soccerjack]

The main thing here is to get soapbox paid for all her hard work....where the money comes from is irrelevant.

I want the corrupt people in GSA and NTSSA held accountable and removed.  I want full transparency.  No more hidden financial records, child safety issues addressed and by-laws and state laws followed.

And $100k.....

[Soapboxmom]

The main thing here is to get soapbox paid for all her hard work....where the money comes from is irrelevant.

I want the corrupt people in GSA and NTSSA held accountable and removed.  I want full transparency.  No more hidden financial records, child safety issues addressed and by-laws and state laws followed.

And $100k.....

Talk to a competent attorney about litigation and why one styles a lawsuit in this manner.

[ONLYASOCCERDAD]

The main thing here is to get soapbox paid for all her hard work....where the money comes from is irrelevant.

I want the corrupt people in GSA and NTSSA held accountable and removed.  I want full transparency.  No more hidden financial records, child safety issues addressed and by-laws and state laws followed.

And $100k.....

Talk to a competent attorney about litigation and why one styles a lawsuit in this manner.  

i spoke to a competent attorney and he said "it's because she wants 100K $$$$" lmao

[FC1]

If you find out GSA will be the one footing the legal fees and judgment should you win, would you drop the demand for compensation? Because it seems that people think the insurance will not pay out. They may not be legal experts, or insurance experts, but the points seem valid.

[Soapboxmom]

David Arciniega insisting on retaining Jevin Software was pure genius:

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2016/9/28/funds_mishap_has_nor.html

According to Jevin, a freeze was placed on all the accounts the company has due to a youth football league in Utah demanding refunds.

That is now 14 organizations reporting late or missing payments since May of this year of 2 - 50 grand each and totaling well over $300,000.00.

It looks like the chargebacks have finally shut this scam down!

[FC1]

If you find out GSA will be the one footing the legal fees and judgment should you win, would you drop the demand for compensation? Because it seems that people think the insurance will not pay out. They may not be legal experts, or insurance experts, but the points seem valid.

I assume since you did not respond, that means you would not drop the demand to be compensated if GSA will indeed be the ones to pay should you win.

[Soapboxmom]

The insurance will most likely cover them.  Though David Arciniega is clearly lying to his insurance attorney, the insurance companies rarely deny coverage for a liability claim that is already in progress.  Not to mention it is high time the coaches really stand up for themselves and demand NTSSA remove Arciniega and his blind followers whose lies, and flouting of the by-laws and state laws concerning fiduciary duties got GSA into this huge mess. I tried everything possible to get help for GSA before filing suit!

On the other hand, Garland Soccer should be suing David Arciniega for the money already needlessly spent on the NTSSA clown of an attorney (who should have told them immediately not to use him, but instead to go through their insurance for their free attorney.)  I suspect as the board is always in the dark about everything, that Arciniega was the one insisting on using the NTSSA attorney for his own benefit until that went south anyway.

[soccerjack]

So you're saying you would not except the $100k????

[Soapboxmom]

I have already made it clear that any penny I get over and above attorney fees being reimbursed will go to soccer scholarships, CURED as EoE has kept my son off of the fields and than a small donation to my church for supporting me through this nightmare. I was never in this for the money and these cases are not in any way money making type cases to begin with.

No amount of money could compensate my family and all the other victims of this corrupt charity for what we have been put through for simply insisting that state law and by-laws be followed and that money and child safety issues be properly addressed.

[Guest]

I'm in for $20 if you'll just go away!

I'm sure if I start a GoFundMe account for you more will gladly contribute. ;-)

[CatchyUserName]

I'll match that $20 as well. SBM - please take the money and go...please please just go away

[FC1]

I have already made it clear that any penny I get over and above attorney fees being reimbursed will go to soccer scholarships, CURED as EoE has kept my son off of the fields and than a small donation to my church for supporting me through this nightmare.  I was never in this for the money and these cases are not in any way money making type cases to begin with.  

No amount of money could compensate my family and all the other victims of this corrupt charity for what we have been put through for simply insisting that state law and by-laws be followed and that money and child safety issues be properly addressed.

Registration is twice a year, right? The fees are usually in the $65 dollar range or so. With that being said, why continue to go through GSA. Why not get a release to go play for Plano, Richardson, Murphy, etc? These so called victims could also choose to go elsewhere and register to play soccer. Sure, they may be doing unethical stuff there and it should be addressed. You state no money could compensate your family for all you have been through, but $100K could come close? You initially stated you would not do anything but pay for scholarships. Now you are going to donate to YOUR church. Not sure money gained from a lawsuit is covered under the tithing rules, but I could be wrong. I am really beginning to think this is more about the $ rather than making things right.  

I find it amusing that you think this guy is the devil, yet you feel sorry for the other sports organizations that continued to use Jevin. Are those presidents of those organizations at fault for using Jevin, or only David? Using your logic those other guys should also be brought up on charges for using a "corrupt" company for registration / financial services.

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