| [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 256 of 263 | ANN.lu |
| Posted by Tigger on 25-Nov-2003 22:17 GMT | In reply to Comment 252 (samface):
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A little piece of advise; PLEASE STOP TRYING TO SPEAK ON OTHER PEOPLE'S BEHALF.
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I'm just speaking the truth Samface, sure you arent scared of me letting people know the truth so they can make up their own mind.
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If Amiga Inc.'s employees are willing to continue working for Amiga Inc. for free in order to to keep the dreams and hopes they had when starting the company alive, who are you to stop them?
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They are welcome to work however they want for Amiga Inc, however since they are not being paid and should have no expectation that they will be paid their missing wages in the future, they are not employees in my opinion, and from reading of washington law, the State of Washingtons opinion either.
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Yes, two people left Amiga Inc. and sued for unpayed salaries, but what did Amiga Inc. do to stop them? Exactly nothing. They didn't even try defending themselves and let the court issue a default judgement in the former employees favor. That tells me that they are NOT trying to rip their employees off and that everyone working for them has the choice to leave whenever they like.
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First of all, lots more then 2 people have left Amiga Inc, its just two who have sued them for back wages, so lets not get silly implying only two people have got off this unpaid ride. As for not defending themselves, they had no defense, they signed a contract, they didnt pay the employees, once the employees quit they wrote letter after letter to the lawyers and judges delaying the court cases, they got a default judgement because McEwen was afraid who would show up if he came to court. Lots of collectors would love to get ahold of him.
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You see, I imagine a group of people with a great idea for a business and a great opportunity for this idea with both funding and a once in a lifetime offer to purchase the intellectual property of a legacy. This group of people starts up a small company, well aware of the risks involved. About 2 or 3 years later, two people get tired of waiting for the great success to come along and leave. The rest of the group does nothing to stop them, not even when those two takes legal action against them. Do you still think of these people as evil employers trying to rip their employees off?
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The problem is you are imagining things and I am looking at the facts. In late 1999 Bill & Fleecy got together and formed Amino, they got VC and licensed the Amiga IP and announced Amiga Inc in early January of 2000, in either late March or early April of 2000 Fleecy had the developer meeting at the Gateway Show which earned him his Sheeplord title for all eternity. In December of 2000 they start short paying some of their employees, one of them, Matt Fontenot, leaves in May of 2001 (he eventually files suit in 2002 and wins his suit in 2003). That doesnt stop the gang from hiring more people (including Bolten Peck) despite the fact employees have already been leaving for not being paid. Amiga Incs history has alot more then the 11+2 you are talking about in fact, more then half of Amiga Incs staff is no longer with them, and virtually every one of them who left (and all of those still there) are owed money.
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What pisses me off is people like you, doing everything you can in order to kill the dreams and hopes of these people because you are ignorant enough to listen to certain other people with a certain agenda or because you simply are a part of that agenda and therefore will make use of every opportunity of slagging off at the competition.
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Samface, there isnt a grand conspiracy, you have to stop listening to Fleecy. Even before he went to work for Gateway, Fleecy was a pox on the community, he surely hasnt been more helpful since he became CTO of Amiga Inc.
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You do NOT know the whole story and the complete scenario of events leading to their current situation, please stop filling in the gaps with whatever suits your distorted views.
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The problem with you Sam, is you think you know the whole story. I've been around for all of it, I've known Fleecy since he first came to lie to the Amiga community in 1996 or 1997, sorry, but the way to know Fleecy is lying is whenever his tongue is wagging or his fingers are typing. He'll never tell the truth when a lie will do. My version (as you call it) of the story is backed up by the court documents, personal emails from Fleecy and Bill and contract letters, your conspiracy theory has nothing to back it up, you just believe it because your demigod Fleecy says its so.
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Yes, Amiga Inc. doesn't have much income at the moment and are currently doing everything they can in order to get another round of funding. It's not the first time they have been in this situation and they have been able to sort it out before.
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Where on earth did you get that lie??? Fleecy?? Amiga Inc has never got more funding. Unless we count the sCAM money or the Party Pak money or the SDK money (each year they gotten smaller amounts for their efforts at Fleecing the community). Those letters dating back to 2002 about new funding and the promises etc, from much earlier about new funding never happened. They got the original money and since then its just see how much we can trick out of the community.
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They work for free because they are determined to achieve what they were originaly set out to achieve and they work for free because they intend to repay everything they owe, both to themselves and the community. Why are you so determined to do everything you can to stop them?
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Samface, if I wanted to do everything I could to stop them, they would be stopped, period. Those left at Amiga Inc, pray McEwen can turn it around because thats the only way they will get any money for the last 18+ months of no pay and the 18 months before that of partial pay. I'm doing this to keep people from investing in Amiga Inc (as 1000's of us did with the SDK, as over 700 of us did with the Party Pak and of course with the most recent CAM which 1300 invested in) without knowing what they are getting into. Math really is fundamental Samface, and the math tells us that its impossible for Amiga Inc to sell enough OS 4.0 to pay off its debts and become solvent again, noone in their right mind thinks 100K+ units of OS 4.0 are going to ship. No mythical investor is going to change that fact, and no new VC is going to acquire what now is easily 3 million in debt to get access to what Tao will license for much less. I've spent $800 on SDKs and Party Paks from Amiga Inc, that frankly weren't worth the money, and mainly consisted of things Tao would send for free. Why dont you tell us why you follow a man (or Sheeplord if you prefer) who constantly threatens to sue people for posting negative things about his company, lies about phones, offices, T-Shirts, delivery dates, court cases, attendance at shows, and threatens to sue show and websites on a monthly basis?
-Tig |
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