| [News] Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003. | ANN.lu |
| Posted on 16-Nov-2003 08:23 GMT by Rich Woods | 263 comments
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Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003 in Washington Federal District Court.
Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003 in Washington Federal District Court.
It also looks like Amiga is again without counsel.
"This matter comes before the Court on "Plantiffs' Motion for Judgement and dismissal of Counter Claims for Lack of Representation." Although corporations must be represented by counsel, defendant's failure to retain new counsel has not yet been given rise to a sanctionable failure to prosecute. Plantiff's motion for judgement and dismissal of the counterclaims is DENIED. Defendant must, however, obtain counsel to defend this litigation if it hopes to avoid an adverse ruling on plaantiff's pending motion for summary judgement.
DATED this 7th day of November,2003.
/s/
robert S. Lasnik
United States District Judge
Get it here .
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| Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003. : Comment 14 of 263 | ANN.lu |
| Posted by Bill Hoggett on 16-Nov-2003 13:58 GMT | In reply to Comment 1 (T_Bone):
@T_Bone
The trial is only a part of the proceedings. The Discovery is still due to be completed this month.
The advantage to Amiga Inc of delaying the trial is the hope that they would get some extra income from the sale of AmigaOnes and AmigaOS4 by the time the trial resumes. The drawback is that they must still employ legal representation throughout the proceedings, which means the costs continue.
It appears as if Amiga Inc thought they'd get away with hiring new lawyers when the trial resumes, and not having to retain counsel in the interim period. This assumption was obviously mistaken.
One has to wonder why they didn't cut their losses and reach an earlier out-of-court agreement, since they must have known that they didn't have the resources to defend themselves all the way. A summary judgement is likely to be much more damaging to them than a compromise would have been, not to mention the costs involved in the actual case. |
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