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 Alfndrate wrote:

 Cyporiean wrote:
NOVA was the end of Aug/Beginning of September.

Sandy was the end of October.

That's what I'm saying! How can Hurricane Sandy, a hurricane from the 22nd of October to the 29th of October affect something that had finished 2 months earlier?

It may have been Issac: http://en.wikipedia.org/wiki/Hurricane_Isaac_(2012) It didn't hit the East Coast directly, but it would have screwed up air travel all over the country.

Or if it was 2011, there was Irene right?

Mr. Brandt's affidavit is talking about 2011 - so it was likely Irene?

Being from the west coast of a different country I'm not that up on hurricanes.

 Alfndrate wrote:

 cvtuttle wrote:

 Alfndrate wrote:
What was the tournament? The only thing I can find is on DuelCon... Battlefoam's own con if I remember correctly.
So... How was DuelCon's attendance affected by hurricane Sandy? DuelCon took place a month before Sandy, and nothing else on the googles has mentioned battlfoam working with a convention about t-shirts.

The NOVA Open was the tournament in question.

That makes even less sense Carl! NOVA was before DuelCon . I can see if NOVA had smaller numbers due to another Hurricane that had happened at that time, but the claim of Hurricane Sandy is just false and frankly not in any realm of reality .

I may have just added to the confusion. I saw "Hurricane" and "Tournament" and thought NOVA. I see what your point is now!

Ill shut up as this portion had nothing to do with me and further attempts to clarify on my part will probably just add to the confusion! Sorry about that.

czakk wrote:
Hurricane Isaac maybe?

Didn't effect the East Coast.

 cvtuttle wrote:

 Alfndrate wrote:

 cvtuttle wrote:

 Alfndrate wrote:
What was the tournament? The only thing I can find is on DuelCon... Battlefoam's own con if I remember correctly.
So... How was DuelCon's attendance affected by hurricane Sandy? DuelCon took place a month before Sandy, and nothing else on the googles has mentioned battlfoam working with a convention about t-shirts.

The NOVA Open was the tournament in question.

That makes even less sense Carl! NOVA was before DuelCon . I can see if NOVA had smaller numbers due to another Hurricane that had happened at that time, but the claim of Hurricane Sandy is just false and frankly not in any realm of reality .

I may have just added to the confusion. I saw "Hurricane" and "Tournament" and thought NOVA. I see what your point is now!

Ill shut up as this portion had nothing to do with me and further attempts to clarify on my part will probably just add to the confusion! Sorry about that.

It's okay! I went digging, and saw some of the posted responses on Heresey Online, Mike Brandt's story matches up with Kyles about t-shirts and crying mothers. The problem is that Tycho had "reported"/said that Kyle had mentioned Hurricane Sandy in some emails. So either Tycho heard it incorrectly, or Kyle doesn't know when NOVA is .

Doing a quick google search for 'Hurricane "NOVA Open"' got me a few blog posts talking about it in 2011, so it was likely Irene.

http://19thlegion.blogspot.com/2011/08/nova-open-is-on-come-hell-or-high-water.html

Edit: Beat to it.

The hurricane in question is Hurricane Irene.
http://en.wikipedia.org/wiki/Hurricane_Irene

EDIT:

Ninja'd....drat.

 Cyporiean wrote:
Doing a quick google search for 'Hurricane "NOVA Open"' got me a few blog posts talking about it in 2011, so it was likely Irene.

Just looking at Robert Baer's declaration, it was indeed 2011. So most likely Irene

So again, either Kyle or Tycho got their facts wrong

Long story; not really one to air old dirty laundry. Suffice to say, the January e-mail about prize support was later revised to a much smaller level; the t-shirts were supposed to match a certain criteria ... and did not ... at all; the sale of a few of them was done erroneously by NOVA staff and attempts were made to correct / reimburse / etc. - the affidavit confirms that error on our part. Kyle came and got the T-Shirts instead of Romeo b/c of the altercation that occurred b/tween him and my mother. It was already agreed upon w/ Romeo, which is why no one in a crowded registration staffed area minded a guy walking up and taking a bunch of things from behind the reg desk. The switching of them to the BF booth for hand-out was agreed upon b/tween us after that altercation. *shrug* It's not material to the BOK stuff - not only is he not reading from the final sponsor agreements/e-mails, the case has nothing to do with miscommunication and errors regarding T-Shirt sales / giveaways. Yes, they were sold and should not have been. Yes, that was corrected. The only thing at issue in the affidavit relative to the case was the verbal/physical interaction between Roman F. and one of our staff members, a woman.

The lower attendance due to hurricane was NOT the direct issue - we had over 400 people show up regardless, including 210 for just the 40k GT, and that was within the range we in writing let Romeo and all other sponsors know we intended to have (of over 33 sponsors, all but one left happy and returned the next year ...)

The only real thing that is at issue from the BOK case is that Romeo directly confronted my mother, per the affidavit's remainder regarding physical contact, yelling, belittling, etc., with dozens of witnesses, b/c it was done in the main gaming hall right near the Invitational tables. Hence why people gathered around / came to intercede while others went to get me.

These things were discussed b/tween BF and NOVA in e-mail following the 2011 con, and we agreed mutually to part ways. We never brought it up since. The story got out because other people unaffiliated who witnessed it started spreading it around. Exactly per Kyle's 40k Radio question about why it wasn't spread around. Well, it was, that's how BOK heard about it yada yada. We certainly wouldn't contact them - BOK has thrown NOVA under the bus plenty historically. When we were contacted for an affidavit, our attorney advised we do so regarding only the facts in question, and so we did. *shrug*

It's all good man, just trying to clear up a statement that was made earlier in the thread. The t-shirt thing doesn't seem to be a huge issue, but the physical contact between Romeo and your mother most certainly is (as you said). It's pretty damming evidence.

The recap site for the federal case is live:

http://ia601800.us.archive.org/1/items/gov.uscourts.azd.785018/gov.uscourts.azd.785018.docket.html

I'm not sure why the first few items haven't been uploaded, but you can find them earlier on in the thread.

The lower attendance due to hurricane was NOT the direct issue - we had over 400 people show up regardless, including 210 for just the 40k GT, and that was within the range we in writing let Romeo and all other sponsors know we intended to have (of over 33 sponsors, all but one left happy and returned the next year ...)

So there WAS a hurricane involved. lol I knew I heard him say it but was starting to think I was going crazy! lol

The only real thing that is at issue from the BOK case is that Romeo directly confronted my mother, per the affidavit's remainder regarding physical contact, yelling, belittling, etc., with dozens of witnesses, b/c it was done in the main gaming hall right near the Invitational tables. Hence why people gathered around / came to intercede while others went to get me.

Which they didn't really cover that much in the podcast. To me the cast read more like "It's NOVA's fault prize support got fethed up". They didn't address much besides that which I find interesting. (MVBrandt - please note I'm not suggesting I find fault with you or anything you've said).

Suffice to say, the January e-mail about prize support was later revised to a much smaller level; the t-shirts were supposed to match a certain criteria ... and did not ... at all; the sale of a few of them was done erroneously by NOVA staff and attempts were made to correct / reimburse / etc. - the affidavit confirms that error on our part.

That's kind of what I envisioned from hearing Kyle tell the story. If the tournament losses had really been that bad, I couldn't see them being made up simply by the sale of some shirts. That part of his story didn't make sense to me. Regarding the "emails" he was reading - well yeah, like I said before, I kind of figured it probably wasn't the entire story.

I have an idea for a new codex!

Codex: Battlefoam

1) All units count as elite

2) Can take a unit from any other codex at 2x the base cost

3) Add 25% to the unit's cost if it has black on the model or any where near it

4) Any units named after male Shakespeare characters gain the rage special rule, which confers to the unit they join

5) All units must be modeled with maple bats

USR Rule:
"Stop or I'll tell my lawyers!" At any point in the game, any model can contest any outcome. All adjacent tables vote on the outcome.

USR Rule:
"Eat some C&D" the Codex: Battlefoam player can draft and deliver C&D letters before any action by the opposing player, then the Codex: Battle player negates that action

Nothing Battlefoam or Romeo or someone whose livelihood DEPENDS on Romeo has said has refuted any of the allegations. I wonder just what kind of case Romeo thinks he has

Sining wrote:
Nothing Battlefoam or Romeo or someone whose livelihood DEPENDS on Romeo has said has refuted any of the allegations. I wonder just what kind of case Romeo thinks he has

The guy on 40k radio said that the physical altercation between Romeo and Mrs. Brandt didn't happen.

 Lansirill wrote:

Sining wrote:
Nothing Battlefoam or Romeo or someone whose livelihood DEPENDS on Romeo has said has refuted any of the allegations. I wonder just what kind of case Romeo thinks he has

The guy on 40k radio said that the physical altercation between Romeo and Mrs. Brandt didn't happen.

Yes, a guy who wasn't even in the hall said something that was witnessed by a large # of people did not happen.

 Lansirill wrote:

Sining wrote:
Nothing Battlefoam or Romeo or someone whose livelihood DEPENDS on Romeo has said has refuted any of the allegations. I wonder just what kind of case Romeo thinks he has

The guy on 40k radio said that the physical altercation between Romeo and Mrs. Brandt didn't happen.

wait lolwut?

On a similar note: Carl, if you're still lurking in this thread. Did you and Geoff recap the story about the guy getting a battlefoam tattoo? Was he on the podcast, etc... Or did you two decide not to bring drama where it wasn't needed? I'm curious if there is first hand testimony available from that guy .

Heh, guess I focused a bit too much on 'directly related' and not enough on the actual definition of refute. At around minute 36 on Ep 62 of 40k radio someone that works for battlefoam (or at least claims to) attempts to refute several of the claims made in affidavits. He doesn't actually disprove anything though.

 Lansirill wrote:
Heh, guess I focused a bit too much on 'directly related' and not enough on the actual definition of refute. At around minute 36 on Ep 62 of 40k radio someone that works for battlefoam (or at least claims to) attempts to refute several of the claims made in affidavits. He doesn't actually disprove anything though.

That's Kyle, and he does work for Battlefoam. I've met him at GenCon.

I can't speak to the accuracy of this claims and/or counter claims, though.

All in all, I'm looking forward to seeing Mr. Filip's filings.


Bit of a shame third parties have now been dragged in and had to spend money on lawyers though.

Well one side has legally signed affidavits while the other has a lot of talk. Seems pretty clear so far.

I have a feeling that the ones that are going to win the most out of all of this are the lawyers.

Sining wrote:
Well one side has legally signed affidavits while the other has a lot of talk. Seems pretty clear so far.

I believe it was czakk that mentioned earlier in the thread that there was a sort of... point to the delaying of filing by Romeo. He has up until 9 days before the hearing to file, the longer it takes him to file, the less time Nick has to respond to the claims.

IDK, I think comedy and the 40k community win also.

It must suck to run a free podcast and get call to court tho...

I suggest you all read the letter Romeo sent to the MLB brass about change bats' parameters. It was pretty awesome.

The best part is the MLB lawyers called Romeo (or so the accounts report) and asked if be planned on assaulting the MLB brass.

That's why I said so far. They may have really good testimony lined up but right now, it's not looking too good for them

 Alfndrate wrote:

Sining wrote:
Well one side has legally signed affidavits while the other has a lot of talk. Seems pretty clear so far.

I believe it was czakk that mentioned earlier in the thread that there was a sort of... point to the delaying of filing by Romeo. He has up until 9 days before the hearing to file, the longer it takes him to file, the less time Nick has to respond to the claims.

I guess that makes some sense, but since the counter to anything Romeo's side says is going to be "No, what we said is really the truth!" it all seems like a waste of time.

Of course, the court of public opinion isn't going to decide this case, but it is going to decide a lot more in terms of PR and all that.

The whole thing is now My Word vs. Your Word, and in the end, I can't see that being 'worth' it for BF.

The hurricane didn't actually roll into town until Saturday and most people were 'there' by thurs/friday. I am surprised anyone would try to get gakky about an 'act of god'.

This situation makes me want to sell my battlefoam bag and just re-foam.

I would not attend days 1 and 2 of a convention that was due to be hit by a Hurricane on day 3. I've ridden through 3 Tropical Storms and 2 Hurricanes in my time in Houston. It isn't fun.

However, are we sure that this is what Romeo was upset about? Are we sure it wasn't something the event organizers had done? Do we have proof that Romeo yelled at the lady, or that she started yelling at him first?

Sounds like he said, she said at the moment.

Don't toss your battlefoam bags just yet, nkelsch.

evancich wrote:
IDK, I think comedy and the 40k community win also.

It must suck to run a free podcast and get call to court tho...

I suggest you all read the letter Romeo sent to the MLB brass about change bats' parameters. It was pretty awesome.

The best part is the MLB lawyers called Romeo (or so the accounts report) and asked if be planned on assaulting the MLB brass.

Wait, what?