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Post by wvhsparent on Sept 21, 2006 6:17:20 GMT -6
iPod dispute may wind up in Judge Judy's court
BY CHRISTY GUTOWSKI
Daily Herald Legal Affairs Writer
Posted Thursday, September 21, 2006
The dispute that arose when an Aurora schoolgirl lost her beloved pink iPod after loaning it to a friend is due in court today in DuPage County.
But a California judge who is watched by millions of television viewers may end up having the final word.
Both sides tentatively agreed to fight it out on the "Judge Judy" show, which airs weekdays on WBBM-TV, Channel 2.
DuPage Associate Judge Dorothy French was expected to consider a request to dismiss the small claims suit, but the defense may withdraw its motion since the TV program only airs ongoing court cases.
The national exposure is the latest twist to an overblown teenage quarrel that generated a lawsuit, a media frenzy and thousands of Internet forum opinions.
The clash began June 6 when Melanie McCarthy's daughter, Shannon Derrik, loaned classmate Stephanie Eick her iPod during a class on the final day of eighth grade at Still Middle School in Aurora.
Shannon had bought the pricey gadget two weeks earlier after saving for six months the money she collected on holidays and from baby-sitting. Both sides agree Stephanie borrowed the iPod, but what happened next remains in dispute.
Shannon left the classroom for a few minutes, but when she returned, as a new period began, the iPod was not among her other belongings.
Shannon said she tracked down Stephanie, who told her she left it behind in class with her friend's other stuff.
The two 14-year-old girls recently began Waubonsie Valley High School as freshmen.
Stephanie's father, Stephen Eick of Naperville, said his daughter returned it to Shannon and is not at fault. He hired an attorney and countersued McCarthy for his legal fees.
The single mother turned down another national TV show offer, but when a "Judge Judy" producer called this week and explained it'd be settled in one day and Eick could not have an attorney, she had a change of heart.
"I think this way it'll be more fair. It'll just be me against him," McCarthy said. "If we go on the show, at least it'll be over within one day and we can go on with our lives."
She is seeking $335 for the iPod, its 60 songs, leather carrying case, and court costs.
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dailyherald.com
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Post by wvhsparent on Oct 5, 2006 11:05:48 GMT -6
Blurb from the Trib. from 10/4?
Apparently the two sides cannot agree on which TV judge they want to hear the case... The Plaintiff wanted it to be Judge Judy in Calif., while the Defendant wanted Judge Mathis here in Chicago.
So it seems neither judge will hear the case and it will be settled in DuPage Courts.
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Post by proschool on Oct 5, 2006 20:02:15 GMT -6
I thought that the defendant's parents signed a contract with Judge Mathis which did not allow them to be on any other court TV show.
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Post by Arch on Oct 9, 2006 0:13:35 GMT -6
I thought that the defendant's parents signed a contract with Judge Mathis which did not allow them to be on any other court TV show. ...what some people will do for their 15 minutes of fame.... |
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Post by wvhsparent on Oct 19, 2006 7:05:14 GMT -6
With talks stalled, girls' iPod squabble plays on
October 19, 2006
DUPAGE COUNTY -- Two Waubonsie Valley High School freshmen embroiled in a dispute over a missing iPod were unable to settle their differences Wednesday in a 2-hour-plus negotiation session with a DuPage County judge.
The two girls and their parents said they made progress and discussed tentative agreements, but neither side released details. Both sides said they will return Nov. 9 to continue the case before Judge Dorothy French.
Shannon Derrick of Aurora and her mother, Melanie McCarthy, filed a small claims lawsuit in August against Stephanie Eick of Naperville and her father Stephen Eick, claiming Stephanie borrowed Shannon's iPod then returned it by putting it on Shannon's unoccupied desk, from which it was stolen.
Both girls blame the other for the missing iPod, valued at $335.
Copyright © 2006, Chicago Tribune
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Post by wvhsparent on Oct 19, 2006 7:10:32 GMT -6
iPod battle rages on
(http://www.suburbanchicagonews.com/napervillesun/news/103216,6_1_NA19_IPOD_S1.article)
October 19, 2006
By Paige Winfield staff writer
WHEATON -- Although Stephanie Eick and Shannon Derrik pass each other in the hallways at Waubonsie Valley High School, they are more than just classmates. The two freshmen are still opponents in the court case involving Shannon's missing iPod Nano, even after Wednesday's settlement hearing.
After the two-hour hearing - during which Stephanie and her parents were rarely in the same room with Shannon and her mother, Melanie McCarthy - another settlement hearing was scheduled for Nov. 9.
"It was a profitable discussion," said Stephen Eick, Stephanie's father. "Things are moving in the right direction, but we're not there yet."
Melanie McCarthy sued Stephanie, 14, in small claims court after Shannon's iPod went missing June 6.
On the last day of eighth-grade at Still Middle School, Shannon, 14, lent Stephanie her iPod. Stephanie said she returned the music player to Shannon's purse, but Shannon said Stephanie left it on her desk while she was in the bathroom.
Either way, the iPod vanished.
McCarthy said Stephanie should be held responsible for the iPod's disappearance and should pay $335 for the cost of the iPod, downloaded music and a leather carrying case, as well as McCarthy's $140 in court fees.
"When you make a mistake, you fix it," McCarthy said. "It's like a no-brainer. If you feel you're right, you have to keep defending yourself."
Both parties declined to speak further on the hearing, adding that the judge requested the proceedings be kept under wraps until a settlement is reached.
Stephanie said even though Shannon gives her "mean looks" in the hallways at school, she is humored by the lawsuit.
"I think it's funny that we're just kids," she said.
Contact Paige Winfield at 630-416-5275 or pwinfield@scn1.com.
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Post by Arch on Oct 19, 2006 10:03:34 GMT -6
iPod battle rages onMcCarthy said Stephanie should be held responsible for the iPod's disappearance and should pay $335 for the cost of the iPod, downloaded music and a leather carrying case, as well as McCarthy's $140 in court fees. "When you make a mistake, you fix it," McCarthy said. " It's like a no-brainer. If you feel you're right, you have to keep defending yourself." She's right about the 'no brainer' part. Someone offered to 'fix it' w/ a new one and they turned it down. That tells me the family has 'no brains' and it's not about the iPod anymore it's about pride. Is it wrong to hope they lose the case at this point? |
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Post by proschool on Oct 20, 2006 11:44:19 GMT -6
Let me just throw out a rhetorical question here.
Why do we have small claims courts?
I think that the intention of the small claim court system was to settle small disputes like this one.
When I was a kid a dispute like this would have just been resolved in the school bathroom between periods. There would have been no discussion of right or wrong. The biggest kid wih the most muscles woud get his or her way at that would be it.
When two people have a dispiute in this country they are entitled to have the case heard by an inpartial judge and have the parties bound to the judges decision. That is a constitutional right.
Access to the courts right now is too difficult and it is too easy to skirt the law and know that it is ust too much work to be taken to court.
The small claims courts are now all bogged down with big corporations suing the common folk and I just don't believe that was the original intent of having them. If I had borrowed a $350 item from Comcast or SBC and left it out in their parking lot when they weren't there I would be sued in small claims court and nobody would be surprized by that. Now an individual asked for the same privilidge and is being mocked for it.
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Post by Arch on Oct 20, 2006 14:07:36 GMT -6
It's called discretion. Someone anonymously offered to replace it. Most people would have taken the goodwill for what it was and accepted that and been done with it, because the perceived wrong was that the iPod was missing. An avenue was offered to have it replaced and stay out of court but they declined. Now the case is just another case bogging down the system, which is what the original offer to replace was intended to prevent. That is why people are mocking it.
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Post by proschool on Oct 20, 2006 14:50:17 GMT -6
It's called discretion. Someone anonymously offered to replace it. Most people would have taken the goodwill for what it was and accepted that and been done with it, because the perceived wrong was that the iPod was missing. An avenue was offered to have it replaced and stay out of court but they declined. Now the case is just another case bogging down the system, which is what the original offer to replace was intended to prevent. That is why people are mocking it. I addressed this before. That ipod was attached to a letter and nobody knows what was in the letter. The parent deserves the benefit of the doubt that she is doing what was in the best interest of her daughter. I pointed out earlier that the defendant could have accepted the expensive gift from a stranger if they thought it was appropriate then she could have given the ipod to the defendant and that would have been the end of it. Lets go back to my analogy. If I borrowed something worth $350.00 from Comcast and left it in the parking lot in the middle of the night, Comcast would be suing me for $350.00 plus costs. If some stranger came along and offered to pay Comcast $350 if they would be allowed to write letters to the president's high school age daughter I don't think that will change anything. |
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Post by Arch on Oct 20, 2006 15:22:05 GMT -6
It's called discretion. Someone anonymously offered to replace it. Most people would have taken the goodwill for what it was and accepted that and been done with it, because the perceived wrong was that the iPod was missing. An avenue was offered to have it replaced and stay out of court but they declined. Now the case is just another case bogging down the system, which is what the original offer to replace was intended to prevent. That is why people are mocking it. I addressed this before. That ipod was attached to a letter and nobody knows what was in the letter. The parent deserves the benefit of the doubt that she is doing what was in the best interest of her daughter. I pointed out earlier that the defendant could have accepted the expensive gift from a stranger if they thought it was appropriate then she could have given the ipod to the defendant and that would have been the end of it. Lets go back to my analogy. If I borrowed something worth $350.00 from Comcast and left it in the parking lot in the middle of the night, Comcast would be suing me for $350.00 plus costs. If some stranger came along and offered to pay Comcast $350 if they would be allowed to write letters to the president's high school age daughter I don't think that will change anything. If the mom thinks that keeping her and her daughter's name in the papers over an iPod that's long gone and could have been replaced by now at no cost to either of them is what's in the best interest of the child then she's certainly allowed to make that choice. The public is also allowed to formulate whatever opinions they have about it as well and voice them. Comcast would not let you 'borrow' $350.00 of stuff. If you did obtain $350.00 of stuff from Comcast you are bound by the SIGNED AGREEMENT (or electronic equiv) that was made between you, the ADULT and Comcast, a LEGAL CORPORATION. I don't believe Shannon nor Stephanie were legal adults nor do I beleive there was a signed contract amongst them as to the terms of use, fees, penalties, etc with regards to the 'borrowing/loaning' nor was it set forth exactly how it was to have been returned and what constituted due and proper care. If someone offered to pay Comcast the $350.00 you owed due to some breach in the terms of service you have with them they would not give a ratt's behind *who* paid it, they would only want to know which account number to apply the funds to. “If we lose, it’s not the end of the world,” McCarthy said. “I know there’s more important things, but I want my daughter to know that if you feel you’ve been wronged, you should always stick up for yourself.”I have the feeling her daughter's also going to learn that one in the hand is worth more than 2 in the bush. It sounds to me like the Mom's sense of being 'wronged' in her past is possibly bleeding over into her daughter's life; but that's just my opinion from the cheap seats. |
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Post by wvhsparent on Oct 25, 2006 20:54:31 GMT -6
Deal in iPod feud?
Family member’s Web site discloses a compromise
By Christy Gutowski
Daily Herald Legal Affairs Writer
Posted Wednesday, October 25, 2006
He insists his daughter is free of fault, but the Naperville father locked in a court battle with another parent over a stolen iPod offered a compromise.
Both sides took turns last week meeting behind closed doors with DuPage Associate Judge Dorothy French to try to settle without a trial.
Afterward, they declined to describe the discussions to the media, at the judge’s urging, but each portrayed it as a fruitful meeting.
Days later, on a family member’s Internet site, the Naperville father whose daughter is being sued in DuPage County small-claims case for her friend’s stolen iPod wrote that he is prepared to settle.
Stephen Eick said his family agreed to either pay $100 or to give his daughter’s iPod to her former classmate, whose mother is suing for at least $335 for the stolen electronic gadget, its 60 songs, pink carrying case and court costs.
“Judge French recommended that the parties attempt to resolve the dispute without a trial since a trial would leave at least one side and perhaps two unhappy,” he wrote.
He added: “Although we feel Stephanie’s actions were completely appropriate, we put two settlement offers on the table.”
The dispute began June 6 when Melanie McCarthy’s daughter, Shannon Derrick, loaned her iPod to classmate Stephanie Eick on the final day of eighth grade at Still Middle School in Aurora. Both girls are now 14.
Shannon left the classroom for a few minutes, but when she returned, the iPod was not with her purse and books, she said. Shannon said she tracked down Stephanie, who told her she left it behind in class with the other belongings.
The thief has never been found, but, after weeks of trying to get Eick to pay up, McCarthy said she decided to file the small-claims suit. Eick has argued his daughter returned it to Shannon when she still was in the room and, thus, his teen is not at fault. He hired an attorney and countersued McCarthy for his legal fees.
Eick said he originally offered to pay half of the iPod’s cost, but McCarthy turned him down. McCarthy said she is the one who offered to split the difference, but Eick refused to pay a penny.
But, after months of highly publicized discourse, it appears both sides may be near agreement. McCarthy said last week she was optimistic and that Shannon — who saved her babysitting and birthday money to buy her iPod — would have one by Christmas.
French set Nov. 9 for another settlement conference.
The girls are now Waubonsie Valley High School freshmen, but they do not have any classes together.
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dailyherald.com
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Post by proschool on Oct 25, 2006 21:07:32 GMT -6
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Post by wvhsparent on Oct 26, 2006 6:35:15 GMT -6
good example of what happens when some people "open their mouths"
Bad spelling and grammar too.
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Post by chicoryowl on Nov 9, 2006 12:12:55 GMT -6
BREAKING NEWS FROM THE FRONT PAGE OF THE CHICAGO TRIB WEBSITE
Missing iPod dispute settled
By Art Barnum
Tribune staff reporter
Published November 9, 2006, 10:09 AM CST
The dispute between two teenage suburban girls over a missing iPod was resolved this morning when one of them agreed to give her used digital music player to the other.
In a settlement that ends the months-long civil dispute, Stephanie Eick agreed to give her year-old iPod to Shannon Derrick, her classmate at Still Middle School in Aurora who said her new player went missing after Eick borrowed it.
DuPage County Judge Dorothy French worked out the compromise after Derrick's mother filed a lawsuit in small claims court and both sides looked into settling the case on a courtroom television show.
Neither side today appeared completely happy with the outcome, but the judge told them she was glad the matter was resolved.
"I appreciate the compromise and that everyone has set aside their thoughts of right and wrong," French told the families. "The girls don't have to be happy, but satisfied."
After today's hearing, Derrick said she plans on offering Eick's used iPod on the eBay online auction site and will use the proceeds to start an Aurora junior Crime Stoppers program.
Melanie McCarthy, Derrick's mother, said she considered the offer of the used iPod "an insult." She said the used one turned over today has more memory but is a much older model than the one that went missing.
The controversy began the last day of the school before the 2006 summer vacation.
Derrick, of Aurora, had brought the popular music recorder to Eick, of Naperville, after she asked to borrow the two-week old iPod to listen to some songs.
Eick claimed Derrick was away from her desk when the bell rang ending the class, and she put the iPod back in her classmate's purse. When Derrick returned, the iPod was gone.
Derrick believed that Eick should have taken responsibility for the loss and asked for her financial help. Eick refused.
Several conversations between the parents of both girls left the situation unresolved until August, when McCarthy filed a suit in DuPage County Small Claims Court asking for $335 for the iPod, its carrying case and the value of the downloaded songs in its memory.
French encouraged negotiation and last month presided over a two-hour session, meeting with each group separately and several times together.
At one point, both sets of parents and child strongly considered letting a TV jurist hear the case and render a decision. McCarthy and Derrick held discussions with "Judge Judy" show personnel and agreed to fly to Los Angeles for a taping. The Eicks, though, favored having the case go to the "Judge Mathis" show in Chicago.
Both girls currently are freshmen at Waubonsie Valley High School in Aurora.
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