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Old 31 May 2019, 15:03   #821
SpeedGeek
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C-A Acquisition Corp. vs. Hyperion Ent.

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 ).
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Old 31 May 2019, 15:27   #822
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Quote:
Originally Posted by SpeedGeek View Post
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

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Old 01 August 2019, 16:24   #823
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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!

Last edited by SpeedGeek; 01 August 2019 at 19:21.
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Old 01 August 2019, 16:29   #824
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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
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Old 29 September 2019, 18:38   #825
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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.
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File Type: pdf C-A_Aquisition_Motion_Extend.pdf (92.0 KB, 79 views)
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Old 06 October 2019, 16:37   #826
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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
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Old 06 October 2019, 17:41   #827
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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.
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Old 06 October 2019, 17:56   #828
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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.
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Old 09 October 2019, 16:50   #829
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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.
Attached Files
File Type: pdf Cloanto_Amiga_Hyperion_Motion_Extend.pdf (96.8 KB, 48 views)

Last edited by SpeedGeek; 09 October 2019 at 17:13.
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Old 09 October 2019, 18:31   #830
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Cloanto buys Hyperion, everyone gets their money, all Amiga IP is united and we go skipping into the future hand-in-hand.

Probably
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Old 09 October 2019, 22:55   #831
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@thread

Read the document link for October 9, 2019

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Old 14 October 2019, 08:30   #832
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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
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Old 24 October 2019, 16:10   #833
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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.

Last edited by SpeedGeek; 24 October 2019 at 21:16.
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Old 24 October 2019, 17:57   #834
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Originally Posted by SpeedGeek View Post
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

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Old 24 October 2019, 20:19   #835
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@#6 : Thanks
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