| [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 251 of 263 | ANN.lu |
| Posted by Tigger on 24-Nov-2003 22:22 GMT | In reply to Comment 245 (samface):
>>>>
Nothing you said is NOT something I wasn't already aware of. Please stop insulting my intelligence by placing my words into a completely different context. The issue was wether Amiga Inc. has any employees or not and I think that the issue has been settled now since not even you or Rich seem to be able to dispute that as a fact.
>>>>
Neither Rich nor I believe that the remaining "employees" should consider themselves so, since they have no office for over a year, have not paid according to their contract for well over a year, and frankly there isnt alot of chance that they ever will be paid back at this point. Every month Bill McEwen adds 150K to the debt of the company while sales dont even keep with the interest of the judgements against them, and there is no end in site for the increasing debt. I'm not insulting your intelligence, I'm asking you to use it, how long without being paid are you going to consider these people employees, we've passed 1.5 years and you still are chanting it. Next year at this time, are they still employees, how about the year after that?? Technically I doubt the state of Washington considers them employees, I am fairly sure they wouldnt qualify for unemployment insurance if they "Quit" now, in fact that would pretty much preclude them being "employees" at this point if that is true. If the State of Washington doesnt qualify them as employees, are they still employees in your mind??
>>>>
As when it comes to what I think of Amiga Inc.'s salary policy; that is the exact same policy as my father used while starting up his small mechanical workshop, he had two work for free for nearly two years before he was able to charge his own company for his work.
>>>>
First of all, thats not what any of the employees signed up for when they signed their contracts, what Amiga Inc is doing is not paying their employees according to their contracts thats illegal in the State of Washington, thats why all the employees who sued for their wages, have got an amount equal to their back wages as a penalty as part of their settlement. If your boss tomorrow decided to not pay you this month, then decided to not pay you next month, etc, etc, for 18 months would you still consider yourself an employee of your company?? If you showed up and the doors were locked and your boss said go home and work from there, while I dont pay you, because soon I will get lots of money, how many months would you do that before you no longer thought of yourself as an employee. All these people have had to find other sources of income, but Amiga Inc is on schedule and rocking according to the apologists.
>>>>
The mechanical workshop is now doing very well, expanding every year, and has Volvo as their biggest customer. I see NOTHING dubious about such salary policy for a small start up company and I find it morally questionable of Genesi to take advantage of Amiga Inc.'s situation.
>>>>
I find your excuses morally questionable to say the least. Things your dad probably didnt do:
1) Hire a bunch of people, get them to move, pay them for awhile then start cutting back there pay eventually getting kicked out of his office (for non payment of rent) but asking his employees to keep working at home because I'll get you your back pay any day now.
2) Cancel Health Insurance (a felony in most states) for his employees without their knowledge.
3) Sell $135,000 worth of $50 and $100 coupons on an item that still isnt completed, with complete knowledge that his share of the profits for the uncompleted item won't cover the $50 coupons much less the $100 coupons. (In other words the coupons even without counting in the T-Shirts or CAM, are a huge loss since the $135K is already gone).
4) Built 2.2 Million in debt with a hemorrage rate of 150K a month with an income of low 4 figures per month.
Now if you dad really did all that, we can use him as an example. If not, lets get back to discussing Amiga Incs inability to make money and the FACT that if every single PPC board for an Amiga, plus every single Amiga One, plus every single Pegasos gets OS 4.0, there still isnt enough revenue for Amiga Inc to just pay the coupons and the judgements, much less all the payroll debt they are rolling up each month.
-Tig |
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