| [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 31 of 263 | ANN.lu |
| Posted by Neko on 16-Nov-2003 19:30 GMT | In reply to Comment 17 (KenH):
@KenH:
Not quite. Genesi (& Thendic Electronic Components) are suing Amiga for breach
of contract, in that we made an agreement with them in good faith for them to
port the AmigaDE to specified devices, with additional devices to be evaluated
and approved by Amiga as the time comes.
As it stands the point is: Amiga did nothing of the sort, and practically
refused to look at the Pegasos as an additional device. By this time Genesi
hopes to be actually producing the devices in the original contract, but
without the AmigaDE in sight, we can't do much, and are going to lose a lot
of money because we can't sell the planned device without it.
Bill McEwen's counterclaim is basically that we have no grounds to sue him
for not porting AmigaDE, because he never received a Pegasos - notwithstanding
the fact that they had been thrown out of their offices and had no mailing
address. It has been shown that we certainly offered.. and that Bolton had a
Pegasos anyway (two, now :)
Summary judgement, by the way, is when a trial based on a debt (here it is lost
revenue for Genesi) has a judgement made (therefore ending it) because there
is no argument to take it to court for.
In this case, it would be that Amiga have absolutely no defense (i.e. Amiga
can't justify themselves) or means of defense (i.e. they have no attorneys
to justify themselves anyway) and the general opinion is that it gets settled
in favour, here, of Genesi.
What that means for Amiga is up to the judge. They could just be ordered to
say sorry, shake hands and make up :D
=Neko= |
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