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Axl Sued For Sexual Assault


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36 minutes ago, Karice said:

Plot twist. The Served Papers were actually served to Axl's Childhood home in Lafayette, Indiana, a home he hasn't lived in for around 50 years! 🤣 

But Axl Rose never lived there.. 

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12 minutes ago, Karice said:

Uh, Axl's hometown is Lafayette, Indiana. What do you mean he never lived in Lafayette, Indiana? He was born and raised there! 🤨

William Bailey lived at that address.. ‘Axl Rose’ never lived there so the courts would never list that as a previous abode for ‘Axl Rose’ so there is fault in your logic :awesomeface:

Edited by D4NNY
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3 hours ago, D4NNY said:

William Bailey lived at that address.. ‘Axl Rose’ never lived there so the courts would never list that as a previous abode for ‘Axl Rose’ so there is fault in your logic :awesomeface:

Oh yeah, I keep calling his childhood and teenage selves Axl even though he was named William and not Axl yet until he was already an Adult! 🤣🤭

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i'm confused about the timeline of the response again!

 

so there's blackstar's link saying the receiver has to send a receipt of acknowledgement for personal service by mail:

https://law.justia.com/codes/new-york/2022/cvp/article-3/312-a/

 


and then there's another link
https://undisputedlegal.com/serving-legal-papers-understanding-personal-service-in-new-york/

saying that along with "personal service", there's "substituted service" and "constructive service". (and Scream Of The Butterfly's link https://www.findlaw.com/legalblogs/law-and-life/dont-bother-avoiding-process-servers/  also mentioned multiple types of serving papers)


The CPLR provides information as to personal service upon a natural person. This could consist of personal delivery (process server), delivery by mail, or through an agent.

Personal delivery refers to the highest form of service, wherein service is provided within the state to the actual person to be served. Personal service is a part of the actual service, wherein the complaint or the summons is delivered in hand to the respondent. Personal service forms a triad of basic delivery with substituted service and constructive service.

Substituted service in the present case refers to delivery to the respondent’s residence as provided by an agent or an individual authorized to carry said service forward. Within substituted service, the delivery is done through another individual, rather than through publication or via a newspaper. Substituted service needs a two-step procedure to be fulfilled, wherein the papers are delivered within the state to a person of suitable age and discretion. This individual can be in the actual place of business, or they can also be at the dwelling place or usual place of abode of the person being served. However, if locating the defendant and presenting them with the service is an issue, substituted service is also possible by mailing the papers by first-class mail to the person. The two service methods are not mutually exclusive and can be done within twenty days of each other.

What about service by another individual? Delivering service by an agent within the state is delineated by rule 318, but this service method is not viable for a divorce case.

What if the defendant cannot be located from their past residences at all? Here is where nail and mail service comes into play. It functions as a last resort, done after personal and substituted service has failed. Nail and mail are self-explanatory, wherein the papers to be served are either [very literally] nailed or affixed to the door of the place of business, dwelling place, or abode of the individual or are mailed to them via first-class mail to their place of business or last known residence. Nail and mail service is done only after personal and substituted service has failed and is done inconspicuously. It does not indicate that the matter is concerned in a legal matter, even if it is marked ‘personal and confidential.’ Both processes of nail and mail services are done within twenty days of each other.

What consists of personal delivery, however? In cases of whether a defendant’s personal family comprises a personal delivery, it is held that service is upheld even if not directly received by the defendant themselves. However, this might not be held in all the states, despite the service of process under CPLR 308(2) requiring delivery of the process to “a person of suitable age and discretion.”

 


why does dumping legal papers have to be so complicated!?

eh, Axl and co and figure this out! It's their deadlines after all!

Edited by BucketEgg
misread the part about service upon attorney, removed section
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16 hours ago, D4NNY said:

William Bailey lived at that address.. ‘Axl Rose’ never lived there so the courts would never list that as a previous abode for ‘Axl Rose’ so there is fault in your logic :awesomeface:

Okay, plot twist again. The Served Papers were actually served at William Bailey's childhood address, boom! "mic drop".  🤣🤭

Edited by Karice
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2 hours ago, Scream of the Butterfly said:

This is the method of service that was used in Axl's case: https://nycourts.gov/Courthelp/goingtocourt/serviceConspicuous.shtml

Service by mail and acknowledgement of receipt (Blackstar's link) is a different method and not the one that was used in Axl's case.

This is also based on the NY Civil Procedure Code (my link is about the mailing part) just providing step-by-step guidance.

Here are all the related articles of the Civil Code:

https://law.justia.com/codes/new-york/2022/cvp/article-3/

The article that lists the methods of service:

https://law.justia.com/codes/new-york/2022/cvp/article-3/308/

The article about service by mail (the link I had posted):

https://law.justia.com/codes/new-york/2022/cvp/article-3/312-a/

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13 minutes ago, Blackstar said:

This is also based on the NY Civil Procedure Code (my link is about the mailing part) just providing step-by-step guidance.

Here are all the related articles of the Civil Code:

https://law.justia.com/codes/new-york/2022/cvp/article-3/

The article that lists the methods of service:

https://law.justia.com/codes/new-york/2022/cvp/article-3/308/

The article about service by mail (the link I had posted):

https://law.justia.com/codes/new-york/2022/cvp/article-3/312-a/

https://law.justia.com/codes/new-york/2022/cvp/article-3/308/  mentions the nail and mail method, which seems the most similar to what Kennedy did, since the affidavit document mentions the "affixing to the door", and "personal and confidential"  put on the outside of the document.

 

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;

 

so since the https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=GY1gTBaAmwuqZ3NNKZqO5A==  document mentions being filed on the 12th,  the service could be complete by the 22nd, and then the countdown for the response could start.

 

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proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing,

To be clear, "proof of such service" in this context refers to the affidavit of service with the server's signature. Axl doesn't need to sign anything to prove that he's been served.

 

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  • 2 weeks later...
6 hours ago, Stay.Of.Execution said:

You posted the same thing a few weeks ago

Not really. I  at first mistakenly said that the served papers went to AXL ROSE childhood address, and Danny pointed out that technically Axl Rose didn't exist yet as a child,he was William Bailey as a child, so I changed it to William Bailey instead in the newer post. 😜🤭

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On 1/15/2024 at 11:13 AM, Karice said:

Okay, plot twist again. The Served Papers were actually served at William Bailey's childhood address, boom! "mic drop".  🤣🤭

 

6 hours ago, Karice said:

Plot twist. The served papers actually went to William Bailey's childhood address, a house he hasn't lived in for about 50 years! 😜🤣🤭

 

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12 minutes ago, Stay.Of.Execution said:

 

 

My bad. I completely forgot that I already said,"The Served Papers were actually served at William Bailey's childhood address," on January 15th. I had only remembered the first time when I accidentally said they went to Axl Rose childhood address." 🥴🫠🤭🤣

Edited by Karice
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2 hours ago, Blackstar said:

I really don't think anything being asked for here is unreasonable to keep women safe and I agree with it, I just don't like that something that should be really important and what could be a turning point is being piggybacked off what could be nonsense lawsuits that were rushed through before a deadline could end, if I'm making sense in what I'm trying to say. 

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2 hours ago, Coma16 said:

Creepy 

For some weird reason, when I quoted Stay Of Execution, his quote came off blank. I had wondered if it was just a glitch on my phone, but it seems as of the glitch is showing up for other Posters. 🤨🤔https://photos.app.goo.gl/EYuZ4ZgJekrmW2HJ9

 

Here is a screenshot of what I tried to quote from Stay Of Execution. I don't know why it comes off as blank when I quoted him. 🤨🤔

Edited by Karice
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2 hours ago, BluegrassBlues said:

I really don't think anything being asked for here is unreasonable to keep women safe and I agree with it, I just don't like that something that should be really important and what could be a turning point is being piggybacked off what could be nonsense lawsuits that were rushed through before a deadline could end, if I'm making sense in what I'm trying to say. 

It makes total sense what you're saying. I also raised my eyebrows at all these random sexual abuse lawsuits that were filed literally two days before the deadline was set to expire. 🤨🤔😒🙄

 

Shelia Kennedy's sexual abuse lawsuit is especially fishy since she admits that SHE chased Axl saying something like,"I wanted to have that Fucker!" And not the other way around. If she said something like,"I ran into Axl backstage after a Guns N'Roses show and he invited me to his hotel room. We both had a few drinks and were drunk and ended up having sex," her lawsuit would have looked better. But the way she said it, it was clear SHE was the Predator and Axl was her Prey.

Edited by Karice
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Probably a coincidence but I wonder if Sheila is aware of Monsters (the song) and chose her words intentionally:

"Kennedy, who was a former Penthouse model, has not backed down from her claims and has continued to allege that the assault has left her traumatized. “I have a voice and I don’t want to be called a victim. I want other women to hear this about Axl Rose, he’s a monster and he needs to be held accountable,” she said on Thursday. “And I’m here today to make sure that happens.”

Kennedy noted that it was “difficult” to talk about the assault but she wanted to get her story out there. “I think it’s really important that we need to make this industry safe for women,” she explained. “There are so many victims that feel shame, that feel guilty. Feel like they when they go to sleep at night, they have nightmares and it needs to stop this monster needs to be stopped: Axl Rose.”"

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17 minutes ago, Scream of the Butterfly said:

Probably a coincidence but I wonder if Sheila is aware of Monsters (the song) and chose her words intentionally:

"Kennedy, who was a former Penthouse model, has not backed down from her claims and has continued to allege that the assault has left her traumatized. “I have a voice and I don’t want to be called a victim. I want other women to hear this about Axl Rose, he’s a monster and he needs to be held accountable,” she said on Thursday. “And I’m here today to make sure that happens.”

Kennedy noted that it was “difficult” to talk about the assault but she wanted to get her story out there. “I think it’s really important that we need to make this industry safe for women,” she explained. “There are so many victims that feel shame, that feel guilty. Feel like they when they go to sleep at night, they have nightmares and it needs to stop this monster needs to be stopped: Axl Rose.”"

Obviously she has no clue about the song ‘Monsters.’ What an asinine thing to ponder.

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16 minutes ago, Scream of the Butterfly said:

Probably a coincidence but I wonder if Sheila is aware of Monsters (the song) and chose her words intentionally:

"Kennedy, who was a former Penthouse model, has not backed down from her claims and has continued to allege that the assault has left her traumatized. “I have a voice and I don’t want to be called a victim. I want other women to hear this about Axl Rose, he’s a monster and he needs to be held accountable,” she said on Thursday. “And I’m here today to make sure that happens.”

Kennedy noted that it was “difficult” to talk about the assault but she wanted to get her story out there. “I think it’s really important that we need to make this industry safe for women,” she explained. “There are so many victims that feel shame, that feel guilty. Feel like they when they go to sleep at night, they have nightmares and it needs to stop this monster needs to be stopped: Axl Rose.”"

I highly doubt it has anything to do with the song. I think some of the wording and what was said is just part of the PR campaign for these lawsuits (there's a PR campaign for everything, in the U.S. especially - I guess it's deemed necessary in order to get the word across, which is kind of sad).

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22 minutes ago, Scream of the Butterfly said:

Probably a coincidence but I wonder if Sheila is aware of Monsters (the song) and chose her words intentionally:

"Kennedy, who was a former Penthouse model, has not backed down from her claims and has continued to allege that the assault has left her traumatized. “I have a voice and I don’t want to be called a victim. I want other women to hear this about Axl Rose, he’s a monster and he needs to be held accountable,” she said on Thursday. “And I’m here today to make sure that happens.”

Kennedy noted that it was “difficult” to talk about the assault but she wanted to get her story out there. “I think it’s really important that we need to make this industry safe for women,” she explained. “There are so many victims that feel shame, that feel guilty. Feel like they when they go to sleep at night, they have nightmares and it needs to stop this monster needs to be stopped: Axl Rose.”"

I don't think so, several of these women have used the same wording and monster seems to be a popular one among them, it was probably suggested by the lawyers for an emotional response 

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