Mr. Ho, a representative of for profit school chain University if Northern Virginia LLC, seeks a temporary restraining order from the Court requesting, among other relief, that Myers be prevented from closing. UVNA had secretly provided 1.5 million to Myers – ostensibly in exchange for a majority of seats on the Myers (non profit) board. But, from what I can make out, Ho didn’t get any agreement in writing.
On Tuesday, 12 11 Judge Daniel Gaul issues, at Plaintiff UVNA request, a temporary restraining order against Myers closing, and a gag order which precluded the parties from pubic discussion about the court proceedings.
On Wednesday the Dirty Dealer editorial page writes that J. Gaul is intent on keeping the school open and writes that Scaldini “has borrowed more money and spun more tales than a down-and-out gambler”.
Mr. Scaldini, in defense of his actions, his reputation, and Myers, writes a letter to the Dirty Dealer Editor which is published on Thursday, 12 13.
On Thursday afternoon J. Gaul has Mr. Scaldini arrested for violation of the gag order – THE LETTER TO THE EDITOR! J. Gaul then gave Mr. Scaldini the ultimatum – quit as president of Myers or spend 24 hours in jail.
I asked J Gaul at the press Q&A this afternoon if it was appropriate for a judge to use the threat of jail time as a coercive tool in an attempt to get Mr. Scaldini to do something which Mr. Scaldini did not have to do – ie, quit as president of Myers. The Judge didn’t respond to my question explicitly, but gestured by nodding his head side to side saying - some may think that is the case, and they can appeal ..
Mr. Scaldini – to his credit – took Wednesday night in Jail. He was handcuffed in court, photographed in handcuffs by the DD in court, and locked up overnight in the Cleveland jail.
At the time of this afternoon’s 1:00pm media briefing, J. Gaul announced from the bench to the press that Mr. Scaldini was still in jail, would be released at 5:00pm today, and that Mr Scaldini had been fired for cause and incompetence (by J. Gaul) as the President of Myers University.
Further announcements were scheduled by the Judge for 4:00 pm at Myers’ Chester and E38 St campus. I will take the RTA (free to E21st)circulator up the street to hear what is announced.
J. Gaul told the press this afternoon that it was critical for Myers to remain open, because the University injected at least 10 million per year into the mid town economy. In J. Gaul’s statement to the media he did not discuss the legal issues of the case, but rather explained that the school was over 100 years old, an icon of Cleveland, and an amenity for the community (all of which I agree with).
I would say, however, that J. Gaul sounded more like an economic development advocate, than a neutral, disinterested judge. I do agree that J. Gaul has it within his court powers to prevent any further wasting away of an asset which is subject to the restraining order.
The Judge continues to meet this afternoon in chambers (photo above, Hon. J. Gaul center with yellow striped tie) with representatives of UNVA, the City of Cleveland, and Myers University in an effort to hammer out a solution to keep Myers open. The media (eg Fox 8, 19, Realneo.us , DD) were allowed into chambers to photograph all parties present.
I am posting this from the Cleveland Public Library downtown branch, and will get photos up later today or tomorrow. I don’t have the proper photo software here to download and post images. I will discuss this with the library.
One thing I can feel confident about is that enrolling as a student at Myers will continue in the near future to be a risky enterprise.
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