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weeble1000 wrote:
The hearing was postponed until November 12th.

Ah, I must have misread that. But you mean the 11th, right, based on what I quoted in my post above?

I find it odd that CHS would be okay with letting their assets remain frozen for that additional amount of time... unless they are seriously considering settling? Hopefully a settlement very beneficial to them, as despite their own troubles, it would seem they have GW over a barrel in a sense here, too...

I say that because in some ways the opposite to the normal process is occurring - GW is being bled by legal fees whereas CHS has high-powered pro bono respresentation, so GW really could be looking to cut their losses here? They also risk further damaging their IP by going through with the appeal process.

I guess we'll find out in 2 weeks.

Oh ffs. Another delay? Why? Doesn't this just hurt CHS even more, delaying the hearing and prolonging the period that Nick is unable to access his finances and pay his bills?

November 11th is a federal holiday in the U.S., so the hearing will likely be on the 12th.

Now sure CH's assets have actually been frozen. GW asked that they be frozen pending discovery/disclosure of assets but not sure if the Court actually Ordered that they be frozen.

 RiTides wrote:

weeble1000 wrote:
The hearing was postponed until November 12th.

Ah, I must have misread that. But you mean the 11th, right, based on what I quoted in my post above?

I find it odd that CHS would be okay with letting their assets remain frozen for that additional amount of time... unless they are seriously considering settling? Hopefully a settlement very beneficial to them, as despite their own troubles, it would seem they have GW over a barrel in a sense here, too...

I say that because in some ways the opposite to the normal process is occurring - GW is being bled by legal fees whereas CHS has high-powered pro bono respresentation, so GW really could be looking to cut their losses here? They also risk further damaging their IP by going through with the appeal process.

I guess we'll find out in 2 weeks.

Judge Kennelly granted the joint motion to move the date, but scheduled it for the 12th because November 11th is Veterans Day.

Thirdeye wrote:
November 11th is a federal holiday in the U.S., so the hearing will likely be on the 12th.

Now sure CH's assets have actually been frozen. GW asked that they be frozen pending discovery/disclosure of assets but not sure if the Court actually Ordered that they be frozen.

They have been frozen.

CHS has been unable to do anything for a number of weeks now.

PhantomViper wrote:

Thirdeye wrote:
November 11th is a federal holiday in the U.S., so the hearing will likely be on the 12th.

Now sure CH's assets have actually been frozen. GW asked that they be frozen pending discovery/disclosure of assets but not sure if the Court actually Ordered that they be frozen.

They have been frozen.

CHS has been unable to do anything for a number of weeks now.

I could be wrong, but I think assets are frozen once a party files a citation to discover assets. Were it otherwise, the opposing party could simply tank or hide its assets before discovery could commence. I am not too familiar with this area of law, but this would make sense.

I wonder if news of the postponement came before or after CHS spent money on a plane ticket for the 23rd as GW had so graciously agreed to allow them to do.

weeble1000 wrote:

PhantomViper wrote:

Thirdeye wrote:
November 11th is a federal holiday in the U.S., so the hearing will likely be on the 12th.

Now sure CH's assets have actually been frozen. GW asked that they be frozen pending discovery/disclosure of assets but not sure if the Court actually Ordered that they be frozen.

They have been frozen.

CHS has been unable to do anything for a number of weeks now.

I could be wrong, but I think assets are frozen once a party files a citation to discover assets. Were it otherwise, the opposing party could simply tank or hide its assets before discovery could commence. I am not too familiar with this area of law, but this would make sense.

Found this good artical on collection federal judgments, talkes about the proceedure for freezing assets:

http://www.thefreelibrary.com/Collecting+on+a+federal-court+judgment%3A+here's+a+step-by-step+guide...-a0218657820

Bringing this thread back up to the top, as GW releasing a spore pod and possibly Doom of Malanti next are very interesting timing-wise.

Rumors of these kits were from a while back, but perhaps they were delayed due to the case, since Chapterhouse had made theirs before GW? Why release them now, then? I wonder if this points to settlement talks going well, or is just coincidence / GW figuring it can't hurt them and maybe only help them to release them now, if they have indeed been sitting finished-but-unreleased for some time.

I lean towards coincidence on the release timing - with the spore pod, they changed the name and so it's a "new unit" which is now more protectable (or at least, they think it will be) and not "copying" Chapterhouse's model, would be my guess.

Isn't the Doom thing some sort of altered Venomthrope-type creature?

Doom of Malantai is a unique version of a Zoanthrope (fluffwise)

If you dont call it a Doom of Malantai, and it doesnt look like one, then its not a Doom. Same with the Mycetic Spore. Its not a Mycetic Spore, its another thing.

Gragga Da Krumpa wrote:
If you dont call it a Doom of Malantai, and it doesnt look like one, then its not a Doom. Same with the Mycetic Spore. Its not a Mycetic Spore, its another thing.

I don't know how the lawbenders see it, but isn't that a bit on the obvious side? Apple and Samsung are slapping each other because of design similarities as well, though one calls them desingnthingsomething and the other one designthinsomethingelse.

 Kosake wrote:

Gragga Da Krumpa wrote:
If you dont call it a Doom of Malantai, and it doesnt look like one, then its not a Doom. Same with the Mycetic Spore. Its not a Mycetic Spore, its another thing.

I don't know how the lawbenders see it, but isn't that a bit on the obvious side? Apple and Samsung are slapping each other because of design similarities as well, though one calls them desingnthingsomething and the other one designthinsomethingelse.

This is off topic, but that is absolutely not what that litigation is about, on any level.

On Topic, there has been some motion practice in the case:

11/06/2014 508 MOTION by Defendant Chapterhouse Studios LLC to Stay Execution of Judgment, Waive or Modify Bond Requirement Pending Appeal, and Quash or Dismiss Without Prejudice the Citation to Discover Assets (Johannes, Tyler) (Entered: 11/06/2014)
11/06/2014 509 MEMORANDUM by Chapterhouse Studios LLC in support of motion to Stay Execution of Judgment, Waive or Modify Bond Requirement Pending Appeal, and Quash or Dismiss Without Prejudice the Citation to Discover Assets (Johannes, Tyler) Docket Text Modified by Clerks Office on 11/7/2014. (jh, ). (Entered: 11/06/2014)
11/06/2014 510 DECLARATION of Tyler G. Johannes in support of Chapterhouse's Motion to Stay Execution of Judgment, Waive or Modify Bond Requirement Pending Appeal, and Quash and Dismiss without Prejudice the Citation to Discover Assets 508 . (Attachments: # 1 Exhibit A-D)(Johannes, Tyler) Docket Text Modified by Clerks Office on 11/7/2014 (jh, ). (Entered: 11/06/2014)
11/06/2014 511 NOTICE of Motion by Tyler Gene Johannes for presentment of Chapterhouse's Motion to Stay Execution of Judgment, Waive or Modify Bond Requirement Pending Appeal, and Quash and Dismiss without Prejudice the Citation to Discover Assets 508 before Honorable Matthew F. Kennelly on 11/12/2014 at 09:30 AM. (Johannes, Tyler) Docket Text Modified by Clerks Office on 11/7/2014 (jh, ). (Entered: 11/06/2014)
11/07/2014 512 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion to stay (etc.) is taken under advisement. Plaintiff is directed to respond to the motion in writing by no later than 11/14/2014. Ruling on motion and status hearing is set for 11/17/2014 at 9:30 AM. The Court advises counsel that none of these dates is subject to change for any reason whatsoever. (mk) (Entered: 11/07/2014)

Note here that Chapterhouse has moved to stay the judgement, waive the appeal bond, and quash the citation to discover assets. Judge Kennelly has essentially accepted these motions and required Games Workshop to respond.

I do not have time at the moment to read over the memorandums. Maybe somebody else can take a look and give an overview.

Edit: I also find this bit in the minute entry interesting - "The Court advises counsel that none of these dates is subject to change for any reason whatsoever." Good ol' Matthew F. Kennelly. 'Quit footin' around!'

I'm struggling to follow that, now I know how none IT people feel when reading a technical document!

To my uneducated eye it looks like somebody is stalling, which of the following is true?

A) GW are stalling
B) Chapterhouse are stalling
C) GW and Chapterhouse are stalling

Well, at least it looks like that hearing will finally be here, after all those months of stalling.

 Looky Likey wrote:
I'm struggling to follow that, now I know how none IT people feel when reading a technical document!

To my uneducated eye it looks like somebody is stalling, which of the following is true?

A) GW are stalling
B) Chapterhouse are stalling
C) GW and Chapterhouse are stalling

This gave me a chuckle, and is exactly how I feel . Someone needs to pull back the curtain...

I'm confused again, though, as I thought Nick was flying out for an in-person court appearance on Nov 12th?

Sounds like Kennelly's had about as much of this case as he can stand and is tired of the endless waltz.

 Looky Likey wrote:
I'm struggling to follow that, now I know how none IT people feel when reading a technical document!

To my uneducated eye it looks like somebody is stalling, which of the following is true?

A) GW are stalling
B) Chapterhouse are stalling
C) GW and Chapterhouse are stalling

From these last motions, CHS is trying to have their assets unfrozen, and GW is now required to respond as to why the judge should not do that.

Then the judge told both sides that gak needs to start moving forward, likely because after 4 years he's tired of dealing with this case.

GW tried to stall so that they could then try to bleed CHS dry and force him out of the game. CHS has no reason to stall that I can see, other than perhaps sticking more fees to GW, but at the expense of the appeal case moving forward which is far more favorable to have happen.

 Aerethan wrote:

 Looky Likey wrote:
I'm struggling to follow that, now I know how none IT people feel when reading a technical document!

To my uneducated eye it looks like somebody is stalling, which of the following is true?

A) GW are stalling
B) Chapterhouse are stalling
C) GW and Chapterhouse are stalling

From these last motions, CHS is trying to have their assets unfrozen, and GW is now required to respond as to why the judge should not do that.

Then the judge told both sides that gak needs to start moving forward, likely because after 4 years he's tired of dealing with this case.

GW tried to stall so that they could then try to bleed CHS dry and force him out of the game. CHS has no reason to stall that I can see, other than perhaps sticking more fees to GW, but at the expense of the appeal case moving forward which is far more favorable to have happen.

thanks!

It's far more likely that any stalling is being done by the GW side. With CHS' assets frozen such that he cannot conduct any sort of business, CHS gains nothing by dragging things out. GW, on the other hand, has the potential to force CHS out of business by preventing them from having access to business funds; CHS closing down is exactly what GW has wanted since they first filed suit.

It is important to note that Judge Kennelly set the Plaintiff's response deadline to be quite literally 7 days after Chapterhouse's motion was filed, which is rather swift.

Although one of the dates the judge has indicated is inflexible concerns a hearing in which counsel for both parties must appear, the other deadline is only relevant to the plaintiff. Also note that the hearing date set by the judge is a mere 3 days after Games Workshop is expected to file its written response to Chapterhouse's motion, and the hearing is scheduled for 9:30 a.m. on the 'third day'.

Judge Kennelly apparently thinks he will only need two days to review and consider whatever substance there might be to Games Workshop's response.

I am not a lawyer and have been known to be biased against GW these days but that interpretation suggests it could theoretically be the legal equivalent of a Judge calling BS.

I just hope Chapterhouse can get their day in court and let their big guns pro bono lawyers do their thing.

This stalling has been pointless as neither side is really going to work things out without a judgment.

 Looky Likey wrote:
I'm struggling to follow that, now I know how none IT people feel when reading a technical document!

To my uneducated eye it looks like somebody is stalling, which of the following is true?

A) GW are stalling
B) Chapterhouse are stalling
C) GW and Chapterhouse are stalling

The beauty of civil law.

weeble1000 wrote:


Judge Kennelly apparently thinks he will only need two days to review and consider whatever substance there might be to Games Workshop's response.

Ha!

Maybe the Judge HAS been paying attention to GW's 'efforts' then!

 Alpharius wrote:

weeble1000 wrote:


Judge Kennelly apparently thinks he will only need two days to review and consider whatever substance there might be to Games Workshop's response.

Ha!

Maybe the Judge HAS been paying attention to GW's 'efforts' then!

I think the best possible outcome will be for a crushing defeat to GW, both to take them down a few pegs in their hubris and also set precedent against this kind of nonsense in the future. Not to mention that they would have then spent years and who knows how much money on it, so it has to hit their bottom line.

I hope neither company is hurt badly by this case. Although I have no interest in buying anything from CH it's always a shame when a business closes.

 Sinful Hero wrote:
I hope neither company is hurt badly by this case. Although I have no interest in buying anything from CH it's always a shame when a business closes.

It's a few years too late for that. This case has undoubtedly hurt Chapterhouse (for the simple reason of litigation tends to suck both figuratively and financially, even with pro-bono representation), and massively hurt GW (rightly so, in my opinion).

GW has sunk an absurd amount of money into a case in which they lost 2/3 of the claims (not including ones they doubled-back on before judgement), and are now being hoisted upon their own petard in a risky appeals case that they cannot escape. This entire freezing of CH's assets (in the hope that CH will fold under the financial pressure) is a pretty clear sign that GW is getting desperate to get out of this case.

I'm so hoping to see chapterhouse doing something again. And see GW getting smacked too.