AmigaOS 3.1.4 withdrawn from market after Amiga

[SpeedGeek]

If you have been following the legal dispute between Cloanto and the Amiga parties with Hyperion then you might be interested in this update:

https://www.pacermonitor.com/public/...rtainment_CVBA

(A perfect example of what happens when you hire lawyers and give them a blank check ).

[number6]

Originally Posted by SpeedGeek

If you have been following the legal dispute between Cloanto and the Amiga parties with Hyperion then you might be interested in this update:

https://www.pacermonitor.com/public/...rtainment_CVBA

(A perfect example of what happens when you hire lawyers and give them a blank check ).

Well no. You might recall that C-A Acquisition Corporation was seeking to be enjoined in the main lawsuit:
Source
When this was disallowed, so to speak, C-A had to file their own lawsuit.

As you can see, the main case still concerns the contract. The additional case is focussed on the trademarks.

It may seem like the main case is going backwards, since the response yesterday is to "ANSWER to47 Amended Complaint" which was actually filed last year.
Reference to #47 from December 29, 2018

#6

[SpeedGeek]

C-A Acquisition Corp et al v. Hyperion Entertainment:

11 Order Reassigning Case Wed 10:24 AM
ORDER REASSIGNING CASE TO THE HON. RICARDO S. MARTINEZ by Hon. Michelle L. Peterson. (TF)

LOL!

[Turrican_3]

I swear he's going to punch whoever mentions "Amiga" in front of him... it's been, what, 10+ years he's been dealing with this legal battles. :O

[SpeedGeek]

Originally Posted by Turrican_3

I swear he's going to punch whoever mentions "Amiga" in front of him... it's been, what, 10+ years he's been dealing with this legal battles. :O

He will probably owe the Belgium bankruptcy court a big "Thank You!" for finally disposing of the problem after 10+ years, but we will have to wait and see on that matter...

Now, anyone care to make an educated guess why Hyperion refuses to accept service and refuses to authorize their U.S. lawyers to reply?

Consequently, no appearance has been filed by anyone on behalf of Hyperion... Plaintiffs’ request is not sought for purposes of delay, but rather due to the fact that Hyperion has declined to accept service. Plaintiffs believe that service of the Summons and Amended Complaint was effected on August 20, 2019, but counsel has not yet received a certificate of service from the Belgian bailiff.

[Overmann]

So how are things going? I have no idea what any of these comments mean. I've tried to read some of the PDF's but I don't understand any of them either :P

[gulliver]

Originally Posted by Overmann

So how are things going? I have no idea what any of these comments mean. I've tried to read some of the PDF's but I don't understand any of them either :P

To sum up:

The lawsuit war is still going on. Both sides (Amiga Inc. and Hyperion) will have to prove that the other broke the settlement agreement first in order to win. And the winner will most likely bankrupt the loser and get all Amiga IPs under one roof.

But we, as amigans, cannot make any conclusion yet, as things are still in the very early stages.

[malko]

In the document provided by SpeedGeek, it is indicated that deadlines have been extended. Thus, the story will continue in mid-December at the earliest.

[SpeedGeek]

Originally Posted by malko

In the document provided by SpeedGeek, it is indicated that deadlines have been extended. Thus, the story will continue in mid-December at the earliest.

Actually, the deadlines for both cases have been extended (but not for the same reason). However, after the service of process has been completed in the trademark case, I would not be surprised to see it extended again (for the same reason as the contract case). Like I said, the U.S. torpedo works just as well as the Italian torpedo.

The contract case has now been extended again due to settlement negotiations. It also gives a hint about the "Motion To Compel" and why it was withdrawn. Hyperion had previously failed to submit documentation of it's evidence and expert witnesses in compliance with the case discovery requirements. Hence, Hyperion's recent compliance resulted in the motion being withdrawn.

Also, it's appears that all of the parties have finally been motivated to attempt to settle the cases due to very high legal costs.

[E-Penguin]

Cloanto buys Hyperion, everyone gets their money, all Amiga IP is united and we go skipping into the future hand-in-hand.

Probably

[number6]

@thread

Read the document link for October 9, 2019

#6

[quantum8]

Originally Posted by E-Penguin

Cloanto buys Hyperion, everyone gets their money, all Amiga IP is united and we go skipping into the next lawsuit hand-in-hand.

Probably

Fixed that for you

[SpeedGeek]

Originally Posted by number6

@thread

Read the document link for October 9, 2019

#6

Ok, the service of process is now complete for the trademark case:

AFFIDAVIT of Service of Summons and Complaint on Hyperion Entertainment CVBA on 10/8/2019, filed by Plaintiffs C-A Acquisition Corp, Cloanto Corporation.(Troy, Gordon)
Att: 1 English Language Translation of service of First amended complaint, Summons, etc. pursuant to Hague Convention,
Att: 2 Certificate of Service

Now, we will wait for Hyperion's answer and to see if another extension will be filed.

[number6]

Originally Posted by SpeedGeek

Ok, the service of process is now complete for the trademark case:

AFFIDAVIT of Service of Summons and Complaint on Hyperion Entertainment CVBA on 10/8/2019, filed by Plaintiffs C-A Acquisition Corp, Cloanto Corporation.(Troy, Gordon)
Att: 1 English Language Translation of service of First amended complaint, Summons, etc. pursuant to Hague Convention,
Att: 2 Certificate of Service

Now, we will wait for Hyperion's answer and to see if a another extension will be filed.

In the meantime, there is a lot of AmiWest 2019 news, some related to relationships, and quite a lot of full disclosure of events leading up to the ExecSG purchase by Trevor Dickinson.

please watch this thread for uploads and summaries

#6

[malko]

@#6 : Thanks

[number6]

Originally Posted by SpeedGeek

Ok, the service of process is now complete for the trademark case:

AFFIDAVIT of Service of Summons and Complaint on Hyperion Entertainment CVBA on 10/8/2019, filed by Plaintiffs C-A Acquisition Corp, Cloanto Corporation.(Troy, Gordon)
Att: 1 English Language Translation of service of First amended complaint, Summons, etc. pursuant to Hague Convention,
Att: 2 Certificate of Service

Now, we will wait for Hyperion's answer and to see if another extension will be filed.

No.

ORDER granting Plaintiffs'16 Motion for Default Against Hyperion Entertainment CVBA

#6

[SpeedGeek]

Originally Posted by number6

No.

ORDER granting Plaintiffs'16 Motion for Default Against Hyperion Entertainment CVBA

#6

Apparently, Hyperion never intended to file an answer in the trademark case (rather than simply using a delay tactic). Finally, this represents a major victory for the Cloanto parties! Excellent!

Now, the next question is how much of this judgment will be enforceable outside the U.S. ? (I suspect Hyperion thinks it's completely unenforceable in the E.U. and Benelux countries).

[number6]

Originally Posted by SpeedGeek

Now, we will wait for Hyperion's answer and to see if another extension will be filed.

I gather you've been following this.
First filing after the default judgment was filed by the clerk:
"MOTION for Leave to File Over-length Motions and Briefs re: Motion for Entry of Default Judgment"
This was granted yesterday by the judge, with additional information regarding length of reply.
I gather this process will be followed by an actual ruling from the court.

item 22

All of this seems to fly in the face of the court (Judge Martinez) speaking about expectations of settlement by end of year, no?

#6

[SpeedGeek]

Originally Posted by number6

I gather you've been following this.
First filing after the default judgment was filed by the clerk:
"MOTION for Leave to File Over-length Motions and Briefs re: Motion for Entry of Default Judgment"
This was granted yesterday by the judge, with additional information regarding length of reply.
I gather this process will be followed by an actual ruling from the court.

item 22

All of this seems to fly in the face of the court (Judge Martinez) speaking about expectations of settlement by end of year, no?

#6

ORDER granting Plaintiffs'21 Motion for Leave to File Over-Length Motion. Plaintiffs may file a motion for entry of default judgment of no more than 11 total pages. Defendant's response brief (if any) shall be no more than 11 total pages. Signed by Judge Ricardo S. Martinez. (PM)

Yes, I have been following this. But I don't see it as flying in the face of the court. The trademark dispute was always part of the contract dispute. However, as you previously noted, Judge Martinez refused to allow it because the parties failed to act with "Due Diligence" so it had to be filed as a separate case.

Since, the trademark case has now been decided by Default, any "Settlement" of the contract case (if there actually is one) will simply incorporate the results of the trademark case.

[number6]

@SpeedGeek

much more filed yesterday

#6